2019 Colorado Revised Statutes
Title 30 - Government - County

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Colorado Revised Statutes 2019 TITLE 30 GOVERNMENT - COUNTY COMPENSATION - FEES ARTICLE 1 Fees - General Cross references: For fees of county officers, see § 15 of art. XIV, Colo. Const. 30-1-101. Classification of counties - fixing fees. (1) For the purpose of fixing fees, chargeable and to be collected by county and other officers, and for no other purpose, the several counties of this state are divided into five classes, which classes shall be known as the first, second, third, fourth, and fifth, as follows: (a) The city and county of Denver is a county of the first class; (b) The counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Pueblo, and Weld are counties of the second class; (c) The counties of Delta, Garfield, Larimer, Las Animas, Logan, Mesa, Montezuma, Montrose, Morgan, and Otero are counties of the third class; (d) The counties of Alamosa, Archuleta, Bent, city and county of Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Eagle, Elbert, Fremont, Gilpin, Gunnison, Huerfano, Kit Carson, Lake, La Plata, Lincoln, Ouray, Park, Phillips, Prowers, Rio Grande, Routt, Saguache, San Miguel, Sedgwick, Teller, Washington, and Yuma are counties of the fourth class; (e) The counties of Baca, Custer, Dolores, Grand, Hinsdale, Jackson, Kiowa, Mineral, Moffat, Pitkin, Rio Blanco, San Juan, and Summit are counties of the fifth class. Source: L. 1891: p. 200, § 1. R.S. 08: § 2521. L. 13: p. 276, § 1. C.L. § 7869. L. 25: p. 243, § 1. CSA: C. 66, § 3. CRS 53: § 56-4-1. C.R.S. 1963: § 56-4-1. L. 69: p. 385, § 1. L. 2001: Entire section amended, p. 330, § 1, effective April 12; (1)(d) amended, p. 256, § 2, effective November 15. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, § 1, effective August 5. Editor's note: Amendments to subsection (1)(d) by Senate Bill 01-102 and Senate Bill 01-130 were harmonized. 30-1-102. Fees of county treasurer. (1) The county treasurer shall charge and receive the following fees: Colorado Revised Statutes 2019 Page 1 of 433 Uncertified Printout (a) Upon all moneys received by him for town and city taxes, whether such towns or cities are incorporated under the general laws or by special charter, and anything in said charter to the contrary notwithstanding, and upon all school taxes in counties of the first class, one percent; in counties of the second class, one percent; in counties of every other class, one percent on school taxes and two percent on town and city taxes; except that a collection fee not exceeding one-quarter of one percent shall be charged as provided in section 22-54-119, C.R.S., and no collection fee shall be charged on other school taxes exempt by law from said collection fees; (b) Upon all moneys received by him for taxes of every other kind in counties of the first class, one percent; second class, one and one-half percent; third class, two percent; fourth class, three percent; fifth class, five percent; (c) For receiving all moneys other than taxes, one percent, except moneys received from all federal funds derived from any and all sources. No collection fees shall be charged upon any moneys collected and distributed under the provisions of sections 22-54-106 and 22-54-115, C.R.S., or upon other school moneys exempt by law from said collection fees; (d) For each copy of a receipt issued for current year taxes, two dollars; and for each copy of a receipt issued covering taxes for a prior year, five dollars; (e) For advertising delinquent personal property taxes, ten dollars or the cost of advertising, whichever is greater; (f) For certifying the amount of taxes due on any parcel of real estate, and for certifying outstanding sales for unpaid taxes with the amount required for redemption, ten dollars for each certificate; (g) In connection with a sale for delinquent taxes, for advertising each property description that is separately identified by its own parcel number for general property tax purposes, the estimated cost of advertising but not less than ten dollars; (h) Repealed. (i) For each certificate of purchase delivered, four dollars; (j) For endorsing the amount of subsequent taxes paid on tax certificates and the date of payment in the book of tax sales, five dollars for each certificate; (k) For processing an application for treasurer's deed, thirty-five dollars if the application is not advertised and seventy-five dollars if the application is advertised; (l) For the assignment of a certificate of purchase, made to the county, city, town, or city and county at any tax sale, to a person desiring to purchase land covered by such certificate, four dollars; (m) For each notice of purchase required by section 39-11-128 (1), C.R.S., to be served before a treasurer's deed may be issued, the cost of publication in a newspaper where such publication is required; (n) For each certificate of redemption delivered, seven dollars; (o) For services in collecting drainage district assessments, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum; (p) For services in collecting irrigation district assessments, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum; Colorado Revised Statutes 2019 Page 2 of 433 Uncertified Printout (q) For services rendered in handling the payment of principal and interest on bonds of a school district, such amount as the county treasurer and the board of education shall agree upon, which shall be determined in accordance with the prevailing rate charged for similar services rendered by commercial banks in the state of Colorado; (r) For preparation of a distraint warrant, fifteen dollars; (s) For research, fifteen dollars per hour or portion thereof, one hour minimum; (t) For the notice, computation, and recording provided in section 32-1-1604, C.R.S., thirty dollars. (2) None of the provisions of this section shall be applicable to any moneys received or collected by any county treasurer for any hospital established under the provisions of part 3 of article 3 of title 25, C.R.S., or for any health service district embracing only an entire county established under the provisions of article 1 of title 32, C.R.S. (3) In addition to any other fees to which the county treasurer is entitled and notwithstanding the provisions of subsection (2) of this section, the county treasurer may charge an administrative fee of five dollars when the payment of any real property tax statement, exclusive of any license fees collected pursuant to sections 35-40-205 and 35-57.5-116, C.R.S., is less than ten dollars. The fee shall be credited to the county general fund, pursuant to section 30-25-105, to cover the cost of processing such tax statement. Source: L. 1891: p. 211, § 6. L. 1897: p. 159, § 1. R.S. 08: § 2537. C.L. § 7887. CSA: C. 66, § 25. CRS 53: § 56-4-2. L. 55: p. 385, § 1. L. 56: p. 147, §§ 1, 2. L. 59: p. 441, § 1. L. 63: p. 490, § 1. C.R.S. 1963: § 56-4-2. L. 71: p. 325, § 2. L. 73: p. 1433, § 1. L. 75: (1)(i), (1)(k), and (1)(n) amended, p. 1478, § 1, effective June 26. L. 79: (1)(q) added, p. 792, § 2, effective May 22. L. 81: (2) amended, p. 1612, § 9, effective July 1. L. 84: (3) added, p. 813, § 1, effective March 29. L. 87: (3) amended, p. 1202, § 1, effective April 30. L. 88: (1)(a) and (1)(c) amended, p. 823, § 35, effective May 24; (1)(d), (1)(f), (1)(g), and (1)(i) to (1)(n) amended and (1)(r) and (1)(s) added, p. 1105, § 1, effective January 1, 1989. L. 90: (1)(e) amended, p. 1695, § 15, effective June 9. L. 91: (1)(h) repealed, p. 1972, § 1, effective March 27; (1)(t) added, p. 2426, § 7, effective June 8. L. 94: (1)(a) and (1)(c) amended, p. 824, § 53, effective April 27. L. 95: (3) amended, p. 1105, § 45, effective May 31. L. 96: (2) amended, p. 472, § 7, effective July 1. L. 97: (3) amended, p. 182, § 13, effective March 31. L. 99: (1)(a) amended, p. 177, § 5, effective January 1, 2000. 30-1-103. Fees of county clerk and recorders. (1) Fees collected by county clerk and recorders shall be as follows: For filing or recording each document for which a fee is not specifically provided, except tax schedules and claims against the county, for which no fee shall be allowed, in cities and counties and in counties of every class, the clerk shall receive ten dollars for the first page and five dollars for each additional page. (2) In cities and counties and in every county, the following fees shall apply: (a) For taking and certifying each affidavit, two dollars; (b) For each certificate and seal, one dollar; (c) For filing each bond and license, five dollars; (d) For certificate of magistracy under seal, two dollars; (e) For taking acknowledgments, two dollars; Colorado Revised Statutes 2019 Page 3 of 433 Uncertified Printout (f) For recording town plats, subdivision plats, and all other plats, and for recording all documents in excess of eight and one-half inches in width or fourteen inches in length, ten dollars per sheet; (g) For entering subsequent taxes paid in tax sale record, five dollars for each certificate; (h) For entering certificate of redemption in tax sale record, five dollars for each certificate; (i) Repealed. (j) For copies of records, a fee in an amount determined pursuant to section 24-72-205 (5), C.R.S.; (k) and (l) Repealed. (m) For recording all certificates, affidavits, deeds, or other documents containing the name of one or more mining claims and for indexing the same under the name of each such mining claim, five dollars per page, plus twenty-five cents for each mining claim named therein. (3) County governments shall be exempt from all fees authorized to be collected under the provisions of this section whenever the county or any agency thereof is the grantor or grantee of the document being recorded or whenever a delegate child support enforcement unit files or records documents for the purpose of collecting child support, child support arrears, maintenance, maintenance when combined with child support, retroactive support, or child support debt. (4) (Deleted by amendment, L. 2010, (HB 10-1007), ch. 71, p. 243, § 1, effective April 5, 2010.) (5) The fee described in subsection (1) of this section shall not be collected on any filing received by the county clerk and recorder as an authorized agent of the executive director of the department of revenue pursuant to section 38-29-128 or 42-6-121, C.R.S., in which case the fee collected shall be five dollars per page. Source: L. 1891: p. 212, § 7. L. 07: p. 404, § 1. R.S. 08: § 2538. C.L. § 7888. L. 21: p. 321, § 2. CSA: C. 66, § 26. L. 51: p. 382, § 1. CRS 53: § 56-4-3. L. 57: p. 376, § 1. L. 58: p. 239, § 1. L. 63: p. 928, § 2. C.R.S. 1963: § 56-4-3. L. 65: p. 624, § 1. L. 73: pp. 631, 633, §§ 2, 7. L. 77: (2)(k) repealed, p. 1427, § 1, effective May 26; (3) added, p. 1428, § 1, effective May 26. L. 81: (1), (2)(c), (2)(g), (2)(h), (2)(l), and (2)(m) amended, p. 383, § 3, effective May 21. L. 83: (2)(a) and (2)(e) amended and (2)(i) and (2)(l) repealed, pp. 1226, 1231, §§ 4, 22, effective July 1. L. 88: (2)(m) amended, p. 1107, § 1, effective January 1, 1989. L. 89: (1) amended, p. 1271, § 1, effective July 1. L. 91: (2)(b) to (2)(d), (2)(g), (2)(h), and (2)(m) amended, p. 708, § 4, effective July 1. L. 92: (2)(m.1) added, p. 1106, § 8, effective July 1. L. 96: (1), (2)(m), and (3) amended and (4) added, p. 1555, § 2, effective July 1. L. 97: (3) amended, p. 565, § 19, effective July 1. L. 2007: (2)(j) amended, p. 579, § 2, effective August 3. L. 2010: (1) and (4) amended and (5) added, (HB 10-1007), ch. 71, p. 243, § 1, effective April 5. 30-1-104. Fees of sheriff. (1) Fees collected by sheriffs shall be as follows: (a) For serving and returning summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than fifteen dollars; Colorado Revised Statutes 2019 Page 4 of 433 Uncertified Printout (a.5) For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than thirty-five dollars; (b) For making a return on a summons in a criminal action not served, for each party, in counties of every class, actual expenses, but not more than five dollars; (b.5) For making a return on a summons in other than a criminal action not served, for each party, in counties of every class, actual expenses, but not more than twenty dollars; (c) For serving and returning each subpoena in a criminal action on each witness, in counties of every class, actual expenses, but not more than seven dollars and fifty cents; (c.5) For serving and returning each subpoena in other than a criminal action on each witness, in counties of every class, actual expenses, but not more than sixty dollars; (d) For making return on a subpoena in a criminal action not served, in counties of every class, five dollars; (d.5) For making a return on a subpoena in other than a criminal action not served, in counties of every class, actual expenses, but not more than twenty dollars; (e) For serving each juror in counties of every class, ten dollars; (f) For serving and returning writ of attachment or replevin on each party, in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses; (g) For serving garnishee summons on each party, in counties of every class, actual expenses, but not more than twenty dollars; (h) Mileage for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in a criminal action, not less than twelve cents nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip; (h.5) For mileage: (I) Not to exceed the mileage rate authorized for county officials and employees pursuant to section 30-11-107 (1)(t), for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in an action other than a criminal action; or (II) A sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable, in the county. The applicable single mileage fee for a zone or zip code shall be charged for all papers served in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The single mileage fees for each zone or zip code shall be set by resolution of the board of county commissioners for the county and posted pursuant to section 30-1-108. (i) In making demand for payment on executions when payment is not made, in counties of every class, one dollar; (j) For levying execution or writ of attachment, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses; Colorado Revised Statutes 2019 Page 5 of 433 Uncertified Printout (k) For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses; (l) No custodian shall be appointed by the sheriff to take custody of goods by him or her attached, nor shall any deputy be placed in charge thereof, unless the plaintiff or his or her attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars per diem of twelve hours, or fraction thereof, which shall be taxed as costs in the case; (m) For making and filing for record a certificate of levy on attachment or other cases, in counties of every class, actual expenses, but not more than thirty dollars; (n) For committing and discharging convicted prisoners to and from the county jail, in counties of every class, a reasonable fee, not to exceed thirty dollars, which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted; (o) For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, in counties of every class, actual expenses, but not more than sixty dollars; for serving same without aid in counties of every class, actual expenses, but not more than four dollars; (p) For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve hours, or fraction thereof, in counties of every class, twelve dollars; (q) For attending courts of record when in session, per diem of twelve hours, or fraction thereof, in counties of every class, twelve dollars; but the attendance upon the county court shall be certified by the judge of said court at the close of each month; (r) For advertising property for sale, besides the actual cost of the advertising, in counties of every class, actual expenses, but not more than thirty dollars; (s) For making certificates of sale previous to execution of deed, or on sales of personal property, in counties of every class, actual expenses, but not more than thirty dollars; (t) For executing and acknowledging deed of sale of real estate, in counties of every class, actual expenses, but not more than forty dollars; (u) For taking, approving, and returning bond in any case, in counties of every class, a reasonable fee, not to exceed ten dollars; (v) For executing capias or warrant in criminal cases, on each prisoner named therein, in counties of every class, two dollars; (w) For transporting insane or other prisoners, besides the actual expenses necessarily incurred, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards Colorado Revised Statutes 2019 Page 6 of 433 Uncertified Printout attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars per diem of twelve hours, or fraction thereof, to be paid out of the county treasury; (x) For his or her services in sales of real estate on an execution or decree, order of court, or other court process, besides actual expenses, in counties of every class on all bids under three thousand dollars, twenty dollars; and on all sums bid over three thousand dollars, one percent; but such commission shall in no case exceed the sum of one hundred dollars; (y) For money collected by sale of personal property, in counties of every class, on all sums bid under five hundred dollars, five percent; on all sums bid over five hundred dollars and under one thousand dollars, six percent; and on all sums bid over one thousand dollars, seven percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars; (z) For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed in his or her hands and levy or demand for payment has been made on the proper party, in counties of every class, on all amounts under five hundred dollars, three percent; on all amounts over five hundred dollars and under one thousand dollars, two percent; and on all amounts over one thousand dollars, one and one-half percent; but the fee in no case shall exceed the sum of one hundred and fifty dollars; and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees; (aa) For pursuing and capturing, or pursuit without capture, when previously authorized by the board of county commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of said county, in counties of every class, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars per diem of twelve hours for the time occupied in such pursuit; (bb) For serving and returning writ of ne exeat or body attachment, in counties of every class, actual expenses, but not more than twenty dollars; (cc) For serving copy of execution when making levy on shares of stock under execution, on each party served, in counties of every class, actual expenses, but not more than sixty dollars; (dd) For making certificates of levy on shares, or otherwise, in counties of every class, actual expenses, but not more than thirty dollars; (ee) For making return on execution, in counties of every class, actual expenses, but not more than sixty dollars; (ff) For executing certificate of redemption, in counties of every class, actual expenses, but not more than thirty dollars; (gg) For service and execution of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars; except that a sheriff may charge for actual expenses in excess of two hundred dollars if the work performed exceeds two hours in duration. A sheriff may charge a fee under this paragraph (gg) after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph (gg) shall only be charged once per location for each service or execution. (1.5) If the cost of serving any writ of restitution or order of possession of premises may be provided at a lower cost to a county by a private provider, such county shall contract with a Colorado Revised Statutes 2019 Page 7 of 433 Uncertified Printout private provider pursuant to a competitive bidding system in which a contract to provide the service of such writs is awarded to the lowest bidder. The provisions of this subsection (1.5) shall not be deemed to authorize that services related to the execution of any writ of restitution or order of possession of premises be provided through private contracting. (2) As used in this section, "actual expenses" means those personnel and processing costs incurred in typing, processing, filing, and serving said process papers but does not include mileage. Subject to the limitations contained in this section, the fee for each type of service shall be fixed by ordinance or resolution. Source: L. 1891: p. 205, § 4. R.S. 08: § 2532. L. 21: p. 312, § 1. C.L. § 7882. CSA: C. 66, § 16. CRS 53: § 56-4-7. L. 55: p. 390, § 1; C.R.S. 1963: § 56-4-8. L. 69: p. 386, § 1. L. 77: (1)(a), (1)(c), (1)(f), (1)(g), (1)(j), (1)(k), (1)(m) to (1)(t), and (1)(cc) to (1)(ff) amended and (2) added, p. 1429, § 1, effective July 1. L. 78: (1)(n) and (1)(w) amended, p. 442, § 1, effective March 3. L. 84: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(w) to (1)(z) amended, p. 814, § 1, effective March 16. L. 88: (1)(j) and (1)(k) amended and (1)(gg) and (1.5) added, p. 1109, §§ 1, 2, effective July 1. L. 94: (1)(u) amended, p. 1238, § 8, effective May 22. L. 96: (1) amended, p. 747, § 1, effective July 1. L. 2001: (1)(a.5), (1)(b.5), (1)(c.5), (1)(d.5), (1)(e), (1)(f), (1)(g), (1)(h.5), (1)(j), (1)(k), (1)(m), (1)(o), (1)(r), (1)(s), (1)(t), (1)(bb), (1)(cc), (1)(dd), (1)(ee), (1)(ff), and (1)(gg) amended, p. 436, § 1, effective July 1. L. 2004: (1)(n) amended, p. 631, § 1, effective July 1. L. 2005: (1)(f), (1)(j), (1)(k), and (1)(gg) amended, p. 263, § 2, effective August 8. L. 2010: (1)(b.5), (1)(d.5), and (1)(h.5) amended, (HB 10-1057), ch. 118, p. 396, § 1, effective August 11. 30-1-105. Constructive mileage not allowed. (Repealed) Source: L. 1891: p. 324, § 2. R.S. 08: § 2533. C.L. § 7883. CSA: C. 66, § 17. CRS 53: § 56-4-8. C.R.S. 1963: § 56-4-9. L. 64: p. 384, § 11. L. 2010: Entire section repealed, (HB 101057), ch. 118, p. 397, § 2, effective August 11. 30-1-105.5. Two or more papers served on same person or different persons at same time and place in same action. (1) Except as provided in subsection (2) of this section, when any sheriff serves two or more papers on the same person, or serves papers on different persons at the same time and place in the same action, the sheriff shall charge the highest individual fee allowable pursuant to section 30-1-104 for the first process and an additional ten dollars for each subsequent process served. (2) If a county has adopted a zone- or zip code-based mileage fee structure, as that term is described in section 30-1-104 (1)(h.5)(II), when any sheriff serves two or more papers on the same person, or serves papers on different persons at the same time and place in the same action, the sheriff shall charge the single zone- or zip code-based mileage fee for the first process and an additional ten dollars for each subsequent process served. Source: L. 2010: Entire section added, (HB 10-1057), ch. 118, p. 397, § 3, effective August 11. Colorado Revised Statutes 2019 Page 8 of 433 Uncertified Printout 30-1-106. Service must be made upon offer or tender of fees. (1) No sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance. (2) A sheriff shall have the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the state. (3) A sheriff shall have the authority to develop and publish standardized procedures for billing the accounts authorized by subsection (2) of this section. Such procedures may include the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown. Source: L. 1891: p. 324, § 3. R.S. 08: § 2534. C.L. § 7884. CSA: C. 66, § 18. CRS 53: § 56-4-9. C.R.S. 1963: § 56-4-10. L. 64: p. 384, § 12. L. 2010: Entire section amended, (HB 101057), ch. 118, p. 397, § 4, effective August 11. 30-1-107. Penalty for violation - duties. Any sheriff who violates section 30-1-106 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five nor more than fifty dollars for each offense and is liable to any person aggrieved to pay all loss, damage, and expenses, including attorney fees in prosecuting or suing such officer, which such aggrieved person may sustain by reason of such violation. The sheriff and the sheriff's deputies shall be subject to section 30-1-106. Source: L. 1891: p. 324, § 4. R.S. 08: § 2535. C.L. § 7885. CSA: C. 66, § 19. CRS 53: § 56-4-10. C.R.S. 1963: § 56-4-11. L. 64: p. 384, § 13. L. 2010: Entire section amended, (HB 10-1057), ch. 118, p. 398, § 5, effective August 11. 30-1-108. Schedule of fees posted. All officers of this state who are required to collect fees for their services are required to make fair tables of their respective fees, and keep the same posted in their respective offices in some conspicuous place for the inspection of all persons who have business in such office; and, if any such officer neglects to keep a table of fees posted in his office, such officer, for each day of such neglect, shall forfeit and pay the sum of five dollars, to be recovered by action at law before the county court for the use of the county in which the offense has been committed. Source: L. 1891: p. 220, § 15. R.S. 08: § 2545. C.L. § 7893. CSA: C. 66, § 32. CRS 53: § 56-4-11. C.R.S. 1963: § 56-4-12. L. 64: p. 384, § 14. 30-1-109. Fee bill. Any person liable for any costs or fees shall be entitled to receive on demand a certified bill of the same in which the items of service and the charges therefor shall be specifically stated. Source: L. 1891: p. 220, § 16. R.S. 08: § 2546. C.L. § 7894. CSA: C. 66, § 33. CRS 53: § 56-4-12. C.R.S. 1963: § 56-4-13. Colorado Revised Statutes 2019 Page 9 of 433 Uncertified Printout 30-1-110. Penalty for failure to serve. When any clerk, sheriff, or other officer is required by any person, in good faith, to do any official act, or perform any official duty for which he is entitled to demand and receive a fee established by law, and if required to do so, he shall state to such person the amount which he is allowed by law to collect, and if, upon a tender to him of such amount, such officer willfully neglects or refuses to perform such act or duty, he is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten nor more than two hundred dollars. Source: L. 1885: p. 208, § 2. R.S. 08: § 2548. C.L. § 7896. CSA: C. 66, § 35. CRS 53: § 56-4-13. C.R.S. 1963: § 56-4-14. L. 64: p. 385, § 15. 30-1-111. Unauthorized fees - penalty. If any officer whose fees are expressed and limited in this article takes or demands greater fees than prescribed for any service, or charges for said services and neglects or refuses to enter the same of record, or to perform the same, he shall forfeit to the party injured thereby the sum of fifty dollars to be recovered as actions of debt of the same amount are recoverable by law. Source: L. 1891: p. 220, § 17. R.S. 08: § 2549. L. 21: p. 230, § 4. C.L. § 7876. L. 23: p. 252, § 2. CSA: C. 66, § 36. CRS 53: § 56-4-14. C.R.S. 1963: § 56-4-15. 30-1-112. Fees paid monthly. (1) It is the duty of county sheriffs, county clerk and recorders, and all county officials to collect all fees of their respective offices and to pay the same to the county treasurer of their respective counties monthly; also to file monthly with the county treasurer an itemized statement of all fees so collected. (2) Commencing January 1, 1970, it is the duty of the clerks of district, juvenile, probate, and county courts to transmit monthly all fees to the state treasurer, who shall deposit the same in the state general fund. Source: L. 19: p. 378, § 10. C.L. § 7904. CSA: C. 66, § 43. CRS 53: § 56-4-15. L. 58: pp. 247, 249, §§ 13, 19, 20. L. 63: p. 492, §§ 1, 2. C.R.S. 1963: § 56-4-16. L. 64: p. 462, § 3. L. 69: p. 256, § 31. L. 87: (2) amended, p. 1582, § 39, effective July 10. 30-1-113. Officers to keep account of fees. Each such officer, in a book provided for the purpose, shall keep a full, true, accurate, and minute account of all fees of his office, designating in corresponding columns the amount of all fees, and all payments received on account thereof, and shall also keep an account of all expenditures made by him on account of clerk hire and other necessary expenses. Such accounts shall always be open to the inspection and examination of the board of county commissioners, and the accounts of the clerks of the district court shall always be open to the inspection and examination of the state treasurer. Source: L. 1891: p. 313, § 19. R.S. 08: § 2551. C.L. § 7899. CSA: C. 66, § 38. CRS 53: § 56-4-16. L. 58: pp. 248, 249, §§ 16, 19, 20. C.R.S. 1963: § 56-4-17. L. 69: p. 386, § 2. 30-1-114. Monthly report of officers. If required by the board of county commissioners, the county treasurer, sheriff, and county clerk and recorder, on the first Monday Colorado Revised Statutes 2019 Page 10 of 433 Uncertified Printout of each month during the officer's term of office, shall make to the chairman of the board of county commissioners a report in writing under oath of all the fees of the officer's office, of every name and description, and of all necessary expenses of clerk hire and other expenses for the month ending at the time of said report. If required, such report shall state fully the manner in which such fees accrued. Source: L. 1891: p. 313, § 20. R.S. 08: § 2552. C.L. § 7900. CSA: C. 66, § 39. CRS 53: § 56-4-17. C.R.S. 1963: § 56-4-18. L. 64: p. 385, § 16. L. 69: p. 256, § 32. L. 92: Entire section amended, p. 964, § 2, effective June 1. 30-1-115. Commissioners to audit accounts. It is the duty of the board of county commissioners to audit such accounts as soon as may be, and correct and adjust the same in accordance with the facts. Source: L. 1891: p. 314, § 21. R.S. 08: § 2553. C.L. § 7901. CSA: C. 66, § 40. CRS 53: § 56-4-18. C.R.S. 1963: § 56-4-19. 30-1-116. Officers shall collect fees in advance. (1) Except as provided in section 301-106, every officer shall collect every fee, as prescribed, for services performed by him or her in advance, if the same can be ascertained, and when any officer negligently or willfully fails to collect any such fee, the same shall be charged against his or her salary. (2) In proceedings where a public administrator, special administrator, receiver, or other person is appointed by the court to take possession of assets of an estate in which there are no funds immediately available to pay fees, the fees need not be paid in advance, but shall be paid as soon as funds become available. (3) No officer shall collect fees in advance in any collection action initiated pursuant to section 18-1.3-506, C.R.S. Source: L. 1891: p. 314, § 23. R.S. 08: § 2550. C.L. § 7898. CSA: C. 66, § 37. CRS 53: § 56-4-19. L. 61: p. 383, § 1. C.R.S. 1963: § 56-4-20. L. 89: (3) added, p. 887, § 2, effective April 6. L. 2002: (3) amended, p. 1542, § 286, effective October 1. L. 2010: (1) amended, (HB 10-1057), ch. 118, p. 398, § 6, effective August 11. Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002. 30-1-117. Refusal to pay fees to treasurer - penalty. Any officer failing or refusing to pay over to the county treasurer or to the state treasurer the fees of his office, as provided in section 30-1-112, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and may be removed from office by the court before which the conviction is had. Source: L. 1891: p. 314, § 24. R.S. 08: § 2555. C.L. § 7903. CSA: C. 66, § 42. CRS 53: § 56-4-20. L. 58: pp. 248, 249, §§ 17, 19, 20. C.R.S. 1963: § 56-4-21. L. 69: p. 386, § 2. Colorado Revised Statutes 2019 Page 11 of 433 Uncertified Printout 30-1-118. Mileage allowances. (Repealed) Source: L. 33: p. 788, § 1. CSA: C. 66, § 44. CRS 53: § 56-4-21. C.R.S. 1963: § 56-422. L. 69: p. 391, § 1. L. 73: p. 628, § 3. L. 75: (1) repealed, p. 218, § 60, effective July 16. L. 78: Entire section amended, p. 443, § 2, effective March 3. L. 80: Entire section repealed, p. 657, effective July 1. 30-1-119. Separate fee funds kept - definition. (1) Except as otherwise provided in subsection (2) of this section, all fees collected by county officers except those collected pursuant to section 30-1-102 (3) shall be paid over to the county treasurer and shall be kept by him in separate funds to be known as: (a) The "sheriff's fee fund"; (b) The "county clerk's fee fund"; (c) The "county treasurer's commission and fee fund". (2) The revenues generated annually from the fee for committing and discharging prisoners authorized pursuant to section 30-1-104 (1)(n) must be distributed as follows: (a) (I) The county shall expend an amount equal to twenty percent of the revenues generated annually from the fee to administer a community-based treatment program for the treatment of offenders with a behavioral, mental health, or substance use disorder committed or discharged by the county if the county has established, or the board of county commissioners chooses to establish, such a community-based treatment program. (II) For purposes of this subsection (2)(a), "community-based treatment program" means a community-based program that provides management and treatment services to persons with behavioral, mental health, or substance use disorders in the criminal or juvenile justice system, designed, at a minimum, to reduce recidivism and hospitalization of these persons. (b) The county shall expend an amount equal to twenty percent of the revenues generated annually from the fee for training of the sheriff and deputy sheriffs and other local law enforcement officers. The training may include a crisis intervention training component to meet the needs of offenders with behavioral or mental health disorders; and (c) The county shall expend the balance of the revenues generated annually from the fee for law-enforcement-related expenditures to defray the costs of processing prisoners into and out of custody. Source: L. 45: p. 337, § 16. CSA: C. 66, § 58(16). CRS 53: § 56-4-22. L. 58: pp. 248, 249, §§ 18-20. C.R.S. 1963: § 56-4-23. L. 64: p. 385, § 17. L. 69: p. 256, § 33. L. 87: IP(1) amended, p. 1202, § 2, effective April 30. L. 2004: Entire section amended, p. 631, § 2, effective July 1. L. 2017: IP(2), (2)(a), and (2)(b) amended, (SB 17-242), ch. 263, p. 1378, § 298, effective May 25. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. ARTICLE 2 Compensation of County Officers Colorado Revised Statutes 2019 Page 12 of 433 Uncertified Printout Cross references: For salaries and compensation of county officers, see §§ 8 and 15 of art. XIV, Colo. Const.; for the text of H.C.R. 85-1003, see L. 85, p. 1521. 30-2-101. Classification of counties for salaries. For the purpose of providing for and regulating the compensation of county and other officers, the counties of this state, other than home rule counties or home rule cities and counties, are classified as provided in this article. Source: L. 52: p. 111, § 1. CRS 53: § 56-2-1. L. 62: p. 162, § 1. C.R.S. 1963: 56-2-1. L. 81: Entire section amended, p. 2028, § 32, effective July 14. 30-2-102. Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration. (1) For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016: (a) Category I counties shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld; (b) Category II counties shall consist of the counties of Eagle, Fremont, Garfield, La Plata, Mesa, Pitkin, Routt, and Summit; (c) Category III counties shall consist of the counties of Alamosa, Archuleta, Chaffee, Clear Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Logan, Moffat, Montezuma, Montrose, Morgan, Otero, Park, Rio Blanco, San Miguel, and Teller; (d) Category IV counties shall consist of the counties of Custer, Elbert, Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma; (e) Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan; (f) Category VI counties shall consist of the counties of Jackson, Kiowa, and Sedgwick. (1.5) (a) For the purpose of establishing the salaries of county officers whose terms of office begin on or after January 1, 2016: (I) (A) Category I-A counties consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld; (B) Category I-D counties consist of the county of Mesa. (II) (A) Category II-A counties consist of the counties of Eagle, Garfield, La Plata, Routt, and Summit; (B) Category II-C counties consist of the counties of Fremont and Pitkin. (III) (A) Category III-A counties consist of the counties of Alamosa, Chaffee, Clear Creek, Gunnison, Moffat, Montrose, Morgan, Park, Rio Blanco, San Miguel, and Teller; (B) Category III-B counties consist of the counties of Archuleta, Delta, Gilpin, Grand, and Logan; (C) Category III-C counties consist of the county of Otero; (D) Category III-D counties consist of the counties of Las Animas and Montezuma. (IV) (A) Category IV-A counties consist of the counties of Custer, Elbert, Ouray, and Prowers; (B) Category IV-B counties consist of the counties of Kit Carson, Lake, Washington, and Yuma; (C) Category IV-C counties consist of the counties of Huerfano and Rio Grande; (D) Repealed. Colorado Revised Statutes 2019 Page 13 of 433 Uncertified Printout (V) (A) Category V-A counties consist of the counties of Baca, Conejos, Costilla, Lincoln, Mineral, Phillips, and San Juan; (B) Category V-B counties consist of the counties of Crowley, Hinsdale, and Saguache; (C) Category V-C counties consist of the counties of Bent and Dolores; (D) Category V-D counties consist of the county of Cheyenne. (VI) (A) Category VI-C counties consist of the counties of Jackson and Sedgwick; (B) Category VI-D counties consist of the county of Kiowa. (b) On and after January 1, 2016, the general assembly may amend the provisions of paragraph (a) of this subsection (1.5) by bill to move a county to any of the categories for which salaries are specified in subsection (2.3) of this section to another category. Such amendment shall be made only after giving due consideration to the variations among the counties including population, the number of persons residing in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, military installations, and such other factors as may be relevant to reflect the variations in the workloads and responsibilities of county officers and the tax resources of the several counties. (2) The annual salaries of county officers whose term of office begins prior to January 1, 2002, shall be as follows: County Commissioners County Sheriffs County Treasurers, Assessors, and Clerks (a) (b) (c) (d) (e) Category I 63,203 71,293 63,203 Category II 51,827 57,768 51,827 Category III 41,714 53,091 41,714 Category IV 35,394 47,782 35,394 Category V 32,613 36,405 32,613 (2.1) On and after January 1, 2002, but prior to January 1, 2007, the annual salaries of county officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007, shall be as follows: County Commissioners County Sheriffs County Treasurers, Assessors, and Clerks County Coroners (a) (b) (c) (d) (e) Category I 63,203 95,000 75,500 75,500 Category II 51,827 75,000 62,000 32,000 Category III 41,714 65,000 50,000 25,000 Category IV 35,394 57,000 42,500 17,000 Category V 32,613 42,000 37,500 6,500 (2.2) On and after January 1, 2007, but prior to January 1, 2016, the annual salary of a county officer whose term of office begins on or after January 1, 2007, but prior to January 1, 2016, is as follows: Colorado Revised Statutes 2019 Page 14 of 433 Uncertified Printout County Commissioners County Sheriffs County Treasurers, Assessors, and Clerks County Coroners County Surveyors (a) (b) (c) (d) (e) (f) Category I 87,300 111,100 87,300 87,300 5,500 Category II 72,500 87,700 72,500 44,200 4,400 Category III 58,500 76,000 58,500 33,100 3,300 Category IV 49,700 66,600 49,700 22,100 2,200 Category V 43,800 49,100 43,800 9,900 1,100 Category VI 39,700 46,500 39,700 9,000 1,000 (2.3) (a) Except as provided in paragraph (b) of this subsection (2.3), on and after January 1, 2016, the annual salary of a county officer whose term of office begins on or after such date is as follows: Insert PDF file -- Contact pub team for WP file (b) Prior to January 1, 2018, and prior to January 1 each two years thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of each annual salary in each category specified in subsection (2.3)(a) of this section in accordance with the percentage change over the 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. The director of research shall post the adjusted annual salary amounts on the website of the general assembly. The annual salary of a county officer whose term of office begins on or after the date the salaries have been adjusted pursuant to this subsection (2.3)(b) must be as adjusted by the director of research. (2.5) Repealed. (2.7) (Deleted by amendment, L. 97, p. 308, § 1, effective August 6, 1997.) (2.8) The general assembly hereby finds and declares that: (a) The rate of compensation of elected county officers shall be provided in accordance with the provisions set forth in section 15 of article XIV of the state constitution; (b) The salaries of county commissioners, sheriffs, treasurers, assessors, clerk and recorders, coroners, and surveyors have been fixed by law through the enactment of this section. (c) (Deleted by amendment, L. 98, p. 409, § 1, effective April 21, 1998.) (3) (a) to (d) Repealed. (e) No elected officer shall have his compensation increased or decreased during the term of office to which he has been elected or appointed. All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury. (4) The board of county commissioners may adjust the salaries established in this section pro rata for county officers working part-time. (5) The salaries established pursuant to this section shall remain in effect until such time that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize or direct the board of county commissioners in each county to fix the compensation of county officers. (6) If any provision of this section is found to be unconstitutional by a court of competent jurisdiction, the remaining provisions of this section are valid, unless the court Colorado Revised Statutes 2019 Page 15 of 433 Uncertified Printout determines that the valid provisions, standing alone, are incomplete and are incapable of being executed. Source: L. 52: p. 111, § 3. CSA: C. 66, § 58(7f). L. 53: p. 297, § 3. CRS 53: § 56-2-4. L. 57: p. 372, § 1. L. 58: p. 233, § 1. L. 61: p. 379, §§1, 2. L. 62: p. 163, § 3. L. 70: R&RE, p. 192, § 1. C.R.S. 1963: § 30-2-102. L. 73: p. 624, § 1. L. 77: Entire section amended, p. 1432, § 1, effective July 1. L. 81: Entire section R&RE, p. 1423, § 1, effective June 6. L. 86: (1)(a) to (1)(c), (1)(e), and (1)(f) amended, (2.5) added, and (3)(a) to (3)(d) repealed, pp. 1032, 1033, §§ 1, 2, effective May 5. L. 87: (2.5)(b) repealed, p. 1582, § 40, effective July 10. L. 88: (3)(e) amended, p. 917, § 3, effective April 14. L. 89: (2) R&RE, (2.3) added, and (2.5)(a) amended, p. 1272, §§ 1, 2, effective May 17. L. 90: (1) and (2) R&RE and (2.3) and (2.5)(a) repealed, pp. 1442, 1443, §§ 1, 2, effective April 17. L. 91: (1)(a) and (1)(b) amended, p. 714, § 1, effective March 28. L. 92: (2.7) added, p. 965, § 3, effective June 1. L. 97: (1), (2), and (2.7) amended and (2.8) added, p. 308, § 1, effective August 6. L. 98: (1) and (2.8)(c) amended, p. 409, § 1, effective April 21. L. 2000: (2) amended and (2.1) added, p. 295, § 1, effective July 1. L. 2001: (1)(d), (1)(e), (2), and (2.1) amended, p. 449, § 1, effective August 8. L. 2002: (1)(d) and (1)(e) amended, p. 7, § 1, effective August 7; (2.1) amended, p. 365, § 1, effective August 7. L. 2003: (1)(c) and (1)(d) amended, p. 808, § 1, effective March 28. L. 2005: (1)(c) and (1)(d) amended, p. 374, § 1, effective August 8. L. 2006: (1)(e), IP(2.1), and (2.8)(b) amended and (1)(f) and (2.2) added, p. 448, §§ 1, 2, effective August 7. L. 2009: (1)(c) and (1)(d) amended, (HB 091203), ch. 102, p. 377, § 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended, (HB 141223), ch. 87, p. 332, § 1, effective August 6; (1)(e) and (1)(f) amended, (HB 14-1307), ch. 163, p. 573, § 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended, (HB 15-1256), ch. 91, p. 261, § 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE, (SB 15288), ch. 270, p. 1060, § 3, effective January 1, 2016. L. 2016: (1.5)(a) amended, (HB 16-1367), ch. 301, p. 1217, § 1, effective June 10. L. 2017: (1.5)(a)(IV)(A) and (1.5)(a)(IV)(B) amended, (HB 17-1128), ch. 28, p. 83, § 1, effective March 8. L. 2018: (2.3)(b) amended, (HB 18-1375), ch. 274, p. 1715, § 67, effective May 29; (1.5)(a)(III)(B), (1.5)(a)(III)(D), (1.5)(a)(IV)(C), (1.5)(a)(V)(B), (1.5)(a)(V)(D), and (1.5)(a)(VI) amended and (1.5)(a)(IV)(D) repealed, (HB 181242), ch. 141, p. 917, § 1, effective August 8. Editor's note: Amendments to this subsections (1)(e) and (1)(f) by HB 14-1223 and HB 14-1307 were harmonized. 30-2-103. County commissioners - expenses. County commissioners shall be allowed their actual and necessary maintenance expenses, together with such mileage as shall be determined by resolution of the board of county commissioners of the county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t), for each mile actually traveled whether within or without the state when engaged in business on behalf of the county; but no mileage expense shall be allowed while said commissioners are traveling in an automobile furnished by the county. Source: L. 45: p. 335, § 8. CSA: C. 66, § 58(8). CRS 53: § 56-2-9. C.R.S. 1963: § 56-29. L. 72: p. 597, § 80. L. 78: Entire section amended, p. 443, § 3, effective March 3. L. 80: Entire section amended, p. 655, § 2, effective July 1. Colorado Revised Statutes 2019 Page 16 of 433 Uncertified Printout 30-2-104. Compensation of deputies and assistants. (1) (a) The county clerk and recorders, county treasurers, county assessors, county coroners, and surveyors of the respective counties may appoint such deputies, assistants, and employees as shall be necessary at the compensation, payable at least once each month, as fixed by the officers with the approval of the boards of county commissioners of their respective counties. Except for those employees provided for pursuant to article 1 of title 26, C.R.S., boards of county commissioners may adopt a classification and compensation plan for all county employees paid in whole or in part by the county. The classification and compensation plan shall include workweek formulas of not less than forty hours designed to satisfy the varying requirements of each county service and county department as provided in paragraph (b) of this subsection (1). Upon acceptance by an elected official, the plan shall become binding upon the employees of that office. Changes in benefits, pay grades, and job classifications of employees shall thereafter be made in accordance with the plan. (b) (I) Notwithstanding any other provision of law to the contrary, workweek formulas shall take into account the various services provided by the county, the operation of the various county departments, and the demands which such services and operations have in requiring employees to be on the job in a manner which is not in conformity with the basic forty-hour workweek which generally characterizes office work. (II) Such workweek formulas may provide for work time in excess of forty hours during consecutive seven-day calendar periods. In such cases, computation of forty-hour pay periods may be based on an averaging formula covering more than such seven-day calendar period. (III) Authorized overtime work shall relate to such averaged workweeks where determined in the classification and compensation plan applicable to a described department or service. (IV) All employees who work overtime pursuant to any classification and compensation plan shall receive overtime compensation, either in cash or in compensatory time. (2) In the event litigation is instituted relating to compensation or classification, the burden of proof shall be upon the plaintiff or the elected official instituting such action. Costs of any litigation instituted by an elected official shall be paid out of the county general fund. Source: L. 45: p. 336, § 9. CSA: C. 66, § 58(9). CRS 53: § 56-2-10. C.R.S. 1963: § 562-10. L. 73: p. 629, § 1. L. 79: (1) amended, p. 1134, § 1, effective April 25. L. 81: (1)(a) amended, p. 1425, § 1, effective May 6. L. 84: (1)(a) amended, p. 582, § 3, effective March 19. L. 2003: (1)(a) amended, p. 806, § 1, effective July 1. L. 2006: (1)(a) amended, p. 449, § 3, effective August 7. 30-2-105. Superintendent of schools - mileage. (Repealed) Source: L. 45: p. 336, § 10. CSA: C. 66, § 58(10). CRS 53: § 56-2-11. C.R.S. 1963: § 56-2-11. L. 72: p. 597, § 81. L. 78: Entire section amended, p. 443, § 4, effective March 3. L. 80: Entire section amended, p. 656, § 3, effective July 1. L. 84: Entire section repealed, p. 582, § 1, effective March 19. 30-2-106. Undersheriffs and deputies - salaries - report of fees. (1) Undersheriffs and deputy sheriffs shall be appointed by the sheriffs of their respective counties, and their salaries Colorado Revised Statutes 2019 Page 17 of 433 Uncertified Printout shall be paid at least once each month. In all counties the salaries of the undersheriff and deputy sheriff shall be fixed by the sheriff, with the approval of the board of county commissioners. (2) The undersheriff and each deputy sheriff shall make to the sheriff a report in writing, under oath, of all fees collected of any description whatsoever and of all expenditures and necessary expenses relating to the discharge of the duties of his office. (3) In addition thereto such sheriffs, undersheriffs, and deputy sheriffs shall be allowed such mileage as shall be determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t), for each mile actually and necessarily traveled in the performance of their duties. Source: L. 45: p. 336, § 13. CSA: C. 66, § 58(13). CRS 53: § 56-2-12. C.R.S. 1963: § 56-2-12. L. 72: p. 597, § 82. L. 78: (3) amended, p. 444, § 5, effective March 3. L. 80: (3) amended, p. 656, § 4, effective July 1. L. 2003: (1) amended, p. 806, § 2, effective July 1. 30-2-107. Traveling expenses of sheriff. Sheriffs also shall be allowed actual traveling expenses payable out of the general county fund, upon certified itemized accounts being presented for the same, in the service of all warrants, capiases, mittimuses, commitments, body attachments, and court orders requiring the same and in the performance of the official duties in the investigation and pursuit of law violators throughout the state of Colorado in such amount as shall be determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, within the limits provided under section 30-11107 (1)(t); but the actual expenses incurred in the service of executions, writs of attachment, replevins, restitutions, and other process shall be paid by the parties requiring such service. All such accounts shall be subject to the approval of the board of county commissioners. Source: L. 1891: p. 311, § 11. L. 1899: p. 335, § 7. L. 07: p. 398, § 1. R.S. 08: § 2571. L. 15: p. 245, § 1. L. 17: p. 227, § 4. L. 19: p. 373, § 3. C.L. § 7928. CSA: C. 66, § 76. CRS 53: § 56-2-16. C.R.S. 1963: § 56-2-16. L. 72: p. 598, § 83. L. 78: Entire section amended, p. 444, § 6, effective March 3. L. 80: Entire section amended, p. 656, § 5, effective July 1. 30-2-108. Coroner - compensation - mileage. (1) (a) Repealed. (b) In counties of every class, the coroner shall be reimbursed for such mileage as shall be determined by resolution of the board of county commissioners of the county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t), for each mile actually and necessarily traveled in going to and returning from the place of investigation or the place of inquest, which reimbursement shall be paid out of the county treasury. (c) In counties of every class, the board of county commissioners shall provide for reimbursement to coroners for expenses related to travel by the coroner for the purpose of testifying as a witness or acting in any other official capacity with respect to any legal proceeding involving a death investigated by that coroner. Such reimbursement may include a mileage allowance for each mile actually and necessarily traveled in an amount determined by the board within the limits provided under section 30-11-107 (1)(t) and actual and necessary Colorado Revised Statutes 2019 Page 18 of 433 Uncertified Printout lodging, subsistence, and incidental expenses as determined by the board. Such reimbursement shall be paid out of the county treasury. (d) In counties of every class, the board of county commissioners may provide for additional compensation to be paid to any coroner who performs a post-mortem examination of the body of a deceased person pursuant to section 30-10-606 (2), which compensation shall be paid out of the county treasury. (2) In addition to the fees provided in subsection (1) of this section, the coroner shall receive the same fees for summoning jurors and witnesses, and swearing jurors and witnesses, as are now allowed by law for like service. For all services performed in place of the sheriff, the coroner shall receive the same fees as are allowed to the sheriff for like service. Source: L. 1891: p. 214, § 9. R.S. 08: § 2577. L. 15: p. 238, § 1. C.L. § 7935. CSA: C. 66, § 85. CRS 53: § 56-2-17. C.R.S. 1963: § 56-2-17. L. 70: p. 195, § 2. L. 73: p. 627, § 2. L. 78: (1) amended, p. 444, § 7, effective March 3. L. 80: (1) amended, p. 656, § 6, effective July 1. L. 81: (1) amended, p. 1425, § 2, effective May 6. L. 89: (1) amended, p. 1275, § 1, effective April 18. L. 2002: (1) amended, p. 365, § 2, effective August 7. L. 2006: (1)(a) repealed, p. 450, § 5, effective August 7. ARTICLE 3 County Elected Officials' Salary Commission 30-3-101 to 30-3-107. (Repealed) Editor's note: (1) This article 3 was added in 2005. For amendments to this article 3 prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 30-3-107 provided for the repeal of this article 3, effective July 1, 2016. (See L. 2015, p. 270.) LOCATION AND BOUNDARIES ARTICLE 5 County Boundaries 30-5-101. Legislative declaration - county boundaries. (1) The general assembly recognizes that in the establishment of the state of Colorado the counties of the territory of Colorado were adopted as the counties of the new state and that there have been additional counties established by law and in accordance with then current methods of surveying and describing county boundaries. The general assembly finds and declares that it is desirable to revise the descriptions of county boundaries to update and establish by law more precise definitions of the boundaries of the several counties of this state as they are known to exist with the use of modern methods and equipment. It is not the intent of the general assembly to effect Colorado Revised Statutes 2019 Page 19 of 433 Uncertified Printout the transfer of land from one county to another or to adversely affect the title of any property merely because of the redefinition of county boundaries. (2) The following shall be the boundaries of the respective counties of this state. Source: R.S. p. 157, § 1. G.L. § 350. G.S. § 424. R.S. 08: § 1082. C.L. § 8559. CSA: C. 44, § 1. CRS 53: § 34-1-1. C.R.S. 1963: § 34-1-1. L. 81: p. 1427, § 1. 30-5-102. Adams. Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, all that portion of Arapahoe county, beginning at the northwest corner of Arapahoe county as now constituted, thence east along the north boundary line of said Arapahoe county to the northeast corner of said Arapahoe county, thence south along the east boundary line of said county to the southeast corner of said county, thence west along the south boundary line of said county to the east boundary line of range fifty-seven west, thence north along the said east boundary line to the intersection of the east boundary line of range fifty-seven and the south boundary line of township three in said range, thence west along the south boundary line of township three to the point of intersection of south boundary line of township three in range fifty-seven west, and the east boundary line of the city of Denver as the same is constituted at the time this section takes effect, thence northerly and westerly, following the easterly and northern boundary lines of said city of Denver as then constituted, to the point of intersection of said boundary lines with the west boundary line of Arapahoe county, thence north to the place of beginning, shall be set apart and is hereby established as a county to be called the county of Adams, which said county shall have the legal capacities and functions of other counties of this state. Source: L. 01: p. 133, § 1. R.S. 08: § 1083. C.L. § 8560. CSA: C. 44, § 2. CRS 53: § 34-1-2. C.R.S. 1963: § 34-1-2. L. 2004: Entire section amended, p. 639, § 1, effective April 23. 30-5-103. Alamosa. Beginning at the southwest corner of section eighteen, township thirty-six north, range nine east; thence north on the west line of range nine east to its intersection with the tenth standard parallel north; thence east on said parallel to its intersection with the crest of the mountain range that divides the waters of the streams flowing westerly into the San Luis Valley from the waters flowing easterly in the drainage of the Huerfano River; thence southerly along said crest to Blanca Peak; thence southwesterly along the crest of the mountain range that divides the waters of the streams flowing westerly into the San Luis Valley from the waters of the drainage of Blanca Creek to the peak on said crest lying two-tenths of a mile, more or less, southerly of Little Bear Peak, said peak being on the boundary of the Sangre de Cristo Grant; thence along a straight line, on the boundary of said Grant, running south fortythree degrees twenty minutes west, to its intersection with the southern boundary of the northern half of township thirty-six north; and thence west on said southern boundary to the point of beginning. Said public land survey lines are based upon the New Mexico principal meridian. Source: L. 13: p. 19, § 1. C.L. § 8561. CSA: C. 44, § 3. CRS 53: § 34-1-3. C.R.S. 1963: § 34-1-3. L. 81: Entire section R&RE, p. 1427, § 2, effective July 1. Colorado Revised Statutes 2019 Page 20 of 433 Uncertified Printout 30-5-104. Arapahoe. All that part of Arapahoe county as is included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Arapahoe, the boundaries are as follows, to wit: Beginning at the southwest corner of Arapahoe county; thence east to the intersection of the east boundary line of range fifty-seven west, with the south boundary line of Arapahoe county; thence north to the intersection of the east boundary line of range fifty-seven and south boundary line of township three in said range; thence west to the point of intersection of south boundary line of township three in range sixty-seven west and the east boundary line of the city of Denver as now constituted; thence following the eastern, southern and western boundary lines of the city of Denver as the same are constituted at the time this section goes into effect to a point where said boundary line of the city of Denver intersects the west boundary line of the county of Arapahoe; thence south to the southwest corner of Arapahoe, or place of beginning. Source: L. 01: p. 138, § 1. L. 03: p. 164, § 1. R.S. 08: § 1084. C.L. § 8562. CSA: C. 44, § 4. CRS 53: § 34-1-4. C.R.S. 1963: § 34-1-4. 30-5-105. Archuleta. All that part of the county of Conejos included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Archuleta, the boundaries of which are as follows: Beginning on the southern boundary line of the state of Colorado at the intersection of said state line and the eastern boundary line of Tierra Amarilla Grant, which is thirty-seven and eleven one-hundredths chains west on said state line from the range line between ranges four and five east of the New Mexico principal meridian, and thence in a northwesterly direction following said east boundary line of the said Tierra Amarilla Grant to the north corner of said Tierra Amarilla Grant, and thence in the same direction until said line intersects with the range line between ranges two and three east of the New Mexico principal meridian, and thence north following said range line to the north boundary line of the county of Conejos, thence west along the southern boundary of the county of Mineral and the county of Hinsdale to the southwest corner of the said county of Hinsdale, thence south to the state line and thence east along the said southern boundary line of the state of Colorado to the place of beginning. Source: L. 1885: p. 40, § 1. L. 05: p. 153, § 1. R.S. 08: § 1085. C.L. § 8563. CSA: C. 44, § 5. CRS 53: § 34-1-5. C.R.S. 1963: § 34-1-5. 30-5-106. Baca. Beginning at the intersection of the west line of range fifty west with the north line of township twenty-eight south; thence south along said range line to the southwest corner of township thirty south, range fifty west; thence west on the north line of township thirty-one south, range fifty west, to the northwest corner of said township and range; thence south on the west line of range fifty west to its intersection with the south boundary line of Colorado; thence east on said south boundary line to the southeast corner boundary of Colorado; thence north along the east boundary line of Colorado to its intersection with the north line of township twenty-eight south, range forty-one west; and thence west on the north line of township twenty-eight south to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Colorado Revised Statutes 2019 Page 21 of 433 Uncertified Printout Source: L. 1889: p. 26, § 1. R.S. 08: § 1086. C.L. § 8564. CSA: C. 44, § 6. CRS 53: § 34-1-6. C.R.S. 1963: § 34-1-6. L. 81: Entire section R&RE, p. 1428, § 3, effective July 1. 30-5-107. Bent. The boundary lines of the county of Bent are as follows: Commencing upon the eastern boundary line of Colorado territory at its intersection with township line between townships thirteen and fourteen south; thence west on said township line to the range line between ranges fifty-nine and sixty west; thence south on said range line to the township line between townships twenty-seven and twenty-eight south; thence east on said township line to the eastern boundary line of Colorado territory; thence north on said eastern boundary line to the place of beginning. Source: L. 1874: p. 61, § 1. G.L. § 376. G.S. § 450. R.S. 08: § 1087. C.L. § 8565. CSA: C. 44, § 7. CRS 53: § 34-1-7. C.R.S. 1963: § 34-1-7. 30-5-108. Greenwood abolished. The county of Greenwood is hereby abolished, and that portion of it not included in the county of Elbert shall be for all purposes a part of the county of Bent. Source: L. 1874: p. 62, § 2. G.L. omitted. G.S. § 451. R.S. 08: § 1088. C.L. § 8566. CSA: C. 44, § 8. CRS 53: § 34-1-8. C.R.S. 1963: § 34-1-8. 30-5-109. Boulder. Boulder county: Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, commencing at a point where the township line between townships one and two south intersects the range line between ranges sixty-eight and sixty-nine; thence west on said township line to the east line of Gilpin county; thence along said line to the South Boulder creek; thence west along the northern boundary line of Gilpin county to the summit of the snowy range; thence along the summit of first range to a point at or near the summit of Long's Peak; thence east on said township line to the range line between ranges sixtyeight and sixty-nine; thence south to the place of beginning. Source: L. 1861: p. 55, § 22. R.S. p. 160, § 25. G.L. § 363. G.S. § 438. R.S. 08: § 1089. C.L. § 8567. CSA: C. 44, § 9. CRS 53: § 34-1-9. C.R.S. 1963: § 34-1-9. L. 2004: Entire section amended, p. 639, § 2, effective April 23. 30-5-109.5. Broomfield, city and county of. As of November 15, 2001, the corporate limits of the city and county of Broomfield shall be as follows: Two parcels of land in all or portions of sections one, two, three, four, five, six, seven, eight, and eleven, all in township two south, range sixty-nine west and a portion of section one, township two south, range seventy west; all or portions of sections twelve, thirteen, fourteen, fifteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty-two, thirty-three, thirty-four, thirty-five, and thirty-six all in township one south, range sixty-nine west; all or portions of sections two, three, four, five, six, seven, eight, nine, ten, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirtyone, thirty-two, and thirty-three all in township one south, range sixty-eight west; and all or Colorado Revised Statutes 2019 Page 22 of 433 Uncertified Printout portions of sections twenty-three, twenty-six, twenty-seven, thirty-one, thirty-two, thirty-three, thirty-four, and thirty-five all in township one north, range sixty-eight west, all of the sixth principal meridian, Broomfield county, Colorado, except for those parcels otherwise remaining in the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001, pursuant to sections 10 to 13 of article XX of the state constitution. Source: L. 2004: Entire section added, p. 640, § 3, effective April 23. 30-5-110. Chaffee. Chaffee county: Commencing at a point on the summit of the snowy range, at the northwest corner of the county of Park, and running due west to the western boundary of the state; thence south, on said boundary, to the summit of the Sierra La Plata, or the northwest corner of Conejos county; thence easterly along the northern boundary of Conejos county to the one hundred and seventh degree of longitude; thence north, following said degree, to the northwest corner of Saguache county; thence east, along the north boundary of Saguache county, to the top of the range at the Poncho pass; thence northeasterly along the summit of the range, crossing the Arkansas river, at a point three miles below the mouth of the South Arkansas river; thence easterly to the summit of the range which divides the waters of the Platte and Arkansas rivers, along the summit of the range and western boundaries of the counties of Fremont and Park, in a northwesterly direction to the point of beginning. Source: L. 1872: p. 82, § 2. G.L. § 368. G.S. § 443. R.S. 08: § 1090. C.L. § 8568. CSA: C. 44, § 10. CRS 53: § 34-1-10. C.R.S. 1963: § 34-1-10. 30-5-111. Cheyenne. So much of the counties of Bent and Elbert as is included within the following described boundaries, shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Cheyenne: Beginning at a point on the eastern boundary line of the state of Colorado, where the same is intersected by the line between townships numbered eleven and twelve south; thence west on said township line to the west side of range fifty-one, west of the sixth principal meridian; thence south on said range line to the township line between townships numbered sixteen and seventeen south; thence east on said township line to the eastern boundary line of the state of Colorado; thence north on said state line to the place of beginning. Source: L. 1889: p. 56, § 1. R.S. 08: § 1091. C.L. § 8569. CSA: C. 44, § 11. CRS 53: § 34-1-11. C.R.S. 1963: § 34-1-11. 30-5-112. Clear Creek. Clear Creek county: Commencing at the junction of North and South Clear creeks, and running thence up the dividing ridge between said streams, to the summit of the snowy range; thence along said summit to the point where the first correction line south, if continued, would intersect said summit; thence east on said correction line to the western boundary of the county of Jefferson; thence north to the place of beginning. Source: R.S. p. 161, § 29. G.L. § 365. G.S. § 440. R.S. 08: § 1092. C.L. § 8570. CSA: C. 44, § 12. CRS 53: § 34-1-12. C.R.S. 1963: § 34-1-12. Colorado Revised Statutes 2019 Page 23 of 433 Uncertified Printout 30-5-113. Conejos. Conejos county: Commencing on the southern boundary of the state, in the center of the Rio Grande del Norte; thence up the center of said stream to where it leaves the canyon of the snowy range at the corner of Saguache county; thence in a northwesterly direction along the western boundary of said Saguache county to the Cochetopa pass; thence in a southwesterly direction on the summit of the Uncompahgre mountains and the Sierra La Plata, forming the southern boundary of Lake county, to the western line of the state; thence along the western boundary of the state to its southwest corner; thence along the southern boundary of the state to the place of beginning. Source: R.S. p. 158, § 6. G.L. § 353. G.S. § 428. R.S. 08: § 1093. C.L. § 8571. CSA: C. 44, § 13. CRS 53: § 34-1-13. C.R.S. 1963: § 34-1-13. 30-5-114. Costilla. Costilla county: Commencing at a point on the southeastern boundary of the state, where the range line between ranges sixty-nine and seventy intersects said boundary; thence north along said range line to the point where the same intersects the Sangre de Cristo pass or road; thence in a southwesterly direction on said road to the summit of the Sangre de Cristo range; thence in a northerly and westerly direction along the summit of said range to the head of the main branch of the Mosco creek; thence in a southwesterly direction down the center of said Mosco creek to where said creek enters into the San Luis valley; thence in a westerly direction to the most easterly point of La Loma del Norte; thence down the center of the Rio Grande del Norte to the southern boundary of the state; thence east along said boundary to the place of beginning. Source: R.S. p. 157, § 2. G.L. § 351. G.S. § 425. R.S. 08: § 1094. C.L. § 8572. CSA: C. 44, § 14. CRS 53: § 34-1-14. C.R.S. 1963: § 34-1-14. 30-5-115. Crowley. So much of the county of Otero as is included in the following described boundaries shall be set apart and is hereby established, with the legal capacities and functions of other counties in this state, as a county, to be called the county of Crowley: Beginning at the northwest corner of Otero county; running thence east along the north boundary line of said Otero county to the range line between ranges fifty-four and fifty-five, west of the sixth principal meridian, which range line is the west boundary line of Kiowa county; thence south along said range and county line to the fourth correction line south to a point at the southwest corner of said Kiowa county; thence west along said correction line to the range line between ranges fifty-four and fifty-five west, in township twenty-one south; thence south on said range line to the south line of said township twenty-one south, to a point at the southeast corner of section thirty-six, in said township twenty-one, range fifty-five west; thence west along the south line of said township to the range line between ranges fifty-five and fifty-six west; thence south along said range line, four miles, more or less, to the southwest corner of section twentyfour, township twenty-two, south, range fifty-six west; thence west along the south line of sections twenty-four, twenty-three, twenty-two, twenty-one, twenty and nineteen, in range fiftysix west; thence continuing west on the south line of sections twenty-four, twenty-three, twentytwo and twenty-one in said township twenty-two south, range fifty-seven west, to where said section line intersects the center of the Arkansas river; thence north and northwesterly with the center and meanderings of said river to the west boundary line of said Otero county; thence north Colorado Revised Statutes 2019 Page 24 of 433 Uncertified Printout along said boundary line to the fourth correction line south; thence east along said correction line to the range line between ranges fifty-nine and sixty, which range line is the west boundary line of said Otero county; thence north along said range line to the place of beginning. Source: L. 11: p. 277, § 1. C.L. § 8573. CSA: C. 44, § 15. CRS 53: § 34-1-115. C.R.S. 1963: § 34-1-15. 30-5-116. Custer. All that section of country now forming a portion of Fremont county, and further described in this section, is hereby created, set apart, and established as the county of Custer, and shall possess all such legal functions and capacities as other counties in this state. The new county of Custer shall be bounded as follows: Commencing at a point on the summit of the Sangre de Cristo range of mountains where the fourth correction line south, if extended, would cross said range of mountains; thence running east along said fourth correction line to the line between ranges sixty-eight and sixtynine west of the sixth principal meridian; thence south along said line to the north line of Huerfano county; thence westerly along said north line of Huerfano county to the summit of the Sangre de Cristo range of mountains; thence northerly and northwesterly, along the summit of the Sangre de Cristo range of mountains, to the place of beginning. Source: G.L. §§ 401, 402. G.S. §§ 465, 466. R.S. 08: §§ 1095, 1096. C.L. §§ 8574, 8575. CSA: C. 44, §§ 16, 17. CRS 53: § 34-1-16. C.R.S. 1963: § 34-1-16. 30-5-117. Delta. So much of the county of Gunnison as is included within the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Delta: Beginning at a point two miles south of the third correction line extended west to a point of intersection with the 107 degrees, 30 minutes west longitude; thence due north along said degree of longitude to the divide between the headwaters of the Colorado and North Fork of the Gunnison rivers; thence along said divide in a southwesterly direction to a point on the extreme southwestern extremity of the Grand Mesa; thence in a southwesterly direction to the mouth of the Rio Dominguez; thence due south to a point two miles south of an extension of the third correction line; thence due east parallel with said extension of the third correction line to place of beginning. Source: L. 1883: p. 124, § 1. G.S. § 472. R.S. 08: § 1097. C.L. § 8576. CSA: C. 44, § 18. CRS 53: § 34-1-17. C.R.S. 1963: § 34-1-17. 30-5-118. Denver, city and county of. (1) After April 16, 1901, the corporate limits of the city of Denver shall be as follows: Beginning at the northwest corner of the southwest quarter of section eighteen, in township three south, range sixty-eight west; thence south on the range line between ranges sixty-eight and sixty-nine west, to the southwest corner of section seven, in township four south, range sixty-eight west; thence east on the south line of sections seven and eight, in township four south, range sixty-eight west, to southeast corner of section eight aforesaid; thence south on the west line of section sixteen, in said last mentioned township and range, to the southwest corner Colorado Revised Statutes 2019 Page 25 of 433 Uncertified Printout of said section sixteen; thence east on the south line of said section sixteen, to the northwest corner of the northeast quarter of section twenty-one, in said last mentioned township and range; thence south on the north and south center line of sections twenty-one and twenty-eight, in the same township and range, to the southwest corner of the southeast quarter of said section twentyeight; thence east on the south line of sections twenty-eight, twenty-seven, twenty-six, and twenty-five, in the same township and range, to the southeast corner of section twenty-five; thence north on the east line of sections twenty-five, twenty-four and thirteen, in the same township and range, to the southwest corner of section seven, in township four south, range sixty-seven west; thence east on the south line of sections seven, eight and nine, in said last mentioned township, to the southeast corner of said section nine; thence north on the east line of sections nine and four, in said last mentioned township and of sections thirty-three, twenty-eight and twenty-one, in township three south, range sixty-seven west, to the northeast corner of said section twenty-one; thence west on the south line of sections sixteen, seventeen and eighteen, in said last mentioned township, to the southwest corner of section eighteen last aforesaid; thence north on the west line of said last mentioned section eighteen to the northeast corner of the south half of the northeast quarter of section thirteen, in township three south, range sixty-eight west; thence west on the east and west center line of the north half of section thirteen aforesaid, to the easterly line of the right-of-way of the Burlington and Colorado railroad company; thence southeasterly, with the easterly line of said right-of-way, to the north line of the southeast quarter of section fourteen, in township three south, range sixty-eight west; thence west on the east and west center line of section fourteen aforesaid, to a point which is one hundred and twenty-five feet east of the west line of said section fourteen; thence north three hundred feet; thence west one hundred and twenty-five feet to the west line of said section fourteen; thence south three hundred feet, to the northwest corner of the southwest quarter of said section fourteen; thence west on the east and west center line of sections fifteen, sixteen and seventeen, in said last mentioned township, to the center of said section seventeen; thence west on the east and west center line of said section seventeen, thirteen hundred and twenty feet; thence north three hundred and thirty feet; thence west thirteen hundred and twenty feet to the west line of said section seventeen; thence south three hundred and thirty feet to the northwest corner of the southwest quarter of said section seventeen; thence west on the east and west center line of section eighteen, to the place of beginning; the territory included within the last above described boundaries being situated in the county of Arapahoe, in the state of Colorado; excepting, however, all towns and cities incorporated and now existing or hereafter incorporated under the general laws of the state and situated within said last mentioned boundaries. (2) Whenever any of said towns or cities, or any town or city existing under general laws of this state and contiguous to the city of Denver, shall, in pursuance of any law of the state, be dissolved or become annexed to the city of Denver, then the territory included within the same shall thereby become part of the city of Denver. If any such territory is so annexed more than six months prior to the next general election of the city of Denver, the city council of the city of Denver shall immediately by ordinance create a new ward or wards of the city, including said territory, and provide for and call a special election in each new ward so created, for the election of an alderman from such ward, in accordance with the provisions of this section and of the general election laws of this state; and the alderman so elected from each new ward shall, upon his election and qualification, be and become a member of the board of aldermen and of the city council of the city of Denver, until the next general election for officers of said city. Colorado Revised Statutes 2019 Page 26 of 433 Uncertified Printout Source: L. 01: p. 162, § 2. R.S. 08: § 1098. C.L. § 8577. CSA: C. 44, § 19. CRS 53: § 34-1-18. C.R.S. 1963: § 34-1-18. 30-5-119. Dolores. The county of Dolores is hereby created and established, with the legal capacities and functions of other counties of this state, and with boundaries as follows: Commencing at the summit of the mountain known as the "Lizard's Head," near the headwaters of the Lake Fork of the San Miguel river, in the present county of Ouray; thence westward from the summit of said mountain along the summit of the range dividing the waters of the San Miguel and Dolores rivers to the summit of Lone Cone mountain; thence west to the western line of the state of Colorado; thence south along said western line to the north line of Montezuma county; thence east along said north line to the southwest corner of San Juan county; thence northeast along the summit of the range dividing the waters of the South Fork of Dolores river from the waters of Hermosa and Cascade creeks to the summit of the range at the head of the East Fork of the Dolores river; thence northeast along the summit of the range dividing the waters of said South Fork of Dolores river from the waters of the Lake Fork of the San Miguel river to the summit of said range south of the pass now crossed by the trail from the Fish lakes to Rico; thence from the summit of said range on a direct line to the summit of said "Lizard's Head" mountain, the place of beginning. Source: L. 1881: p. 92, § 1. G.S. § 473. R.S. 08: § 1099. C.L. § 8578. CSA: C. 44, § 20. CRS 53: § 34-1-19. C.R.S. 1963: § 34-1-19. 30-5-120. Douglas. Beginning at the intersection of the center of the South Platte River with the first standard parallel south; thence east on said parallel to its intersection with the eastern boundary of the western half of range sixty-five west; thence south on said eastern boundary to its intersection with the south line of township ten south; thence west on said township line to its intersection with the center of the South Platte River; and thence northeasterly along the center of said river to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: R.S. p. 159, § 17. G.L. § 359. G.S. § 434. R.S. 08: § 1100. C.L. § 8579. CSA: C. 44, § 21. CRS 53: § 34-1-20. C.R.S. 1963: § 34-1-20. L. 81: Entire section R&RE, p. 1428, § 4, effective July 1. 30-5-121. Eagle. The county of Eagle is hereby created and established, with the legal capacities and functions of other counties of this state, and with boundaries as follows: Commencing at a point on the northern boundary of Lake county where the divide between the Eagle river and Ten Mile branches from and leaves the National range; thence along the summit of the said divide and the dividing ridge between the Piney and the Blue rivers to the southern line of Grand county; thence due west to a point six miles west of the 107th degree of west longitude; thence due south to the northern boundary line of Pitkin county; thence east along said boundary line to the summit of the National range; thence in an easterly direction along said summit of the National range to the place of beginning. Colorado Revised Statutes 2019 Page 27 of 433 Uncertified Printout Source: L. 1883: p. 127, § 1. G.S. § 474. R.S. 08: § 1101. C.L. § 8580. CSA: C. 44, § 22. CRS 53: § 34-1-21. C.R.S. 1963: § 34-1-21. 30-5-122. Elbert. So much of the county of Douglas as is included in the following described boundaries shall be set apart and is hereby established with the same legal capacity and functions as other counties of this state, to be called Elbert county: Beginning at a point where the center of range sixty-five west intersects the first correction line south; thence east on said correction line to the eastern boundary of the state; thence south on said eastern boundary line to the line between townships thirteen and fourteen south; thence west on said line to the line between ranges fifty-nine and sixty west; thence north on said last mentioned line to the second correction line south; thence west on said second correction line to the center of range sixty-five west; thence north through the center of range sixty-five to the place of beginning. Source: L. 1874: pp. 60, 61, §§ 1, 2. G.L. §§ 380, 381. G.S. §§ 457, 458. R.S. 08: §§ 1102, 1103. C.L. §§ 8581, 8582. CSA: C. 44, §§ 23, 24. CRS 53: § 34-1-22. C.R.S. 1963: § 341-22. 30-5-123. El Paso. Beginning at the intersection of the west line of range sixty-seven west with the south line of township seventeen south; thence north on said range line to the northwest corner of section six, township sixteen south, range sixty-seven west; thence east on the north line of said section six to the southwest corner of section thirty-one, township fifteen south, range sixty-seven west; thence north on the west line of range sixty-seven west to the northwest corner of section thirty-one, township fourteen south, range sixty-seven west; thence west on section lines to the southwest corner of section twenty-five, township fourteen south, range sixty-nine west; thence north on section lines to the northwest corner of section one, township fourteen south, range sixty-nine west; thence east on the north line of township fourteen south to the southwest corner of section thirty-two, township thirteen south, range sixtyeight west; thence north on section lines to the second standard parallel south; thence east on said parallel to its intersection with the east line of range sixty west; thence south on said range line to its intersection with the south line of township seventeen south; and thence west on said township line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: R.S. p. 159, § 15. G.L. § 358. G.S. § 433. R.S. 08: § 1104. C.L. § 8583. CSA: C. 44, § 25. CRS 53: § 34-1-23. C.R.S. 1963: § 34-1-23. L. 81: Entire section R&RE, p. 1428, § 5, effective July 1. 30-5-124. Fremont. Beginning at the intersection of the fourth standard parallel south with the east line of range sixty-eight west; thence north on said range line to its intersection with the northern boundary of the southern half of township sixteen south; thence west on said northern boundary to the southeast corner of section seventeen, township sixteen south, range seventy west; thence north on section lines to the third standard parallel south; thence west on said parallel to its intersection with the crest of the divide on the east side of the drainage areas of the Arkansas River, being a point approximately one-half mile east of the southwest corner of Colorado Revised Statutes 2019 Page 28 of 433 Uncertified Printout section thirty-five, township fifteen south, range seventy-seven west; thence southerly along said crest, via Cameron Mountain, to a point on said crest divide lying north eighty-four degrees twenty-five minutes east, eighty-eight hundred and ninety-seven feet from a point on the Arkansas River three miles below the mouth of the South Arkansas River; thence westerly on a straight line to said point on the Arkansas River; thence on a straight line bearing south fortyfive degrees ten minutes west, to the intersection of said line with the crest of the Sangre de Cristo Range; thence southeasterly along said crest to its intersection with the fourth standard parallel south; thence east on said parallel to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: R.S. p. 159, § 12. G.L. § 356. G.S. § 431. R.S. 08: § 1105. C.L. § 8584. CSA: C. 44, § 26. CRS 53: § 34-1-24. C.R.S. 1963: § 34-1-24. L. 81: Entire section R&RE, p. 1429, § 6. 30-5-125. Garfield. The county of Garfield is established with the legal capacities and functions of other counties in this state, and with boundaries as follows: Beginning at the southwest corner of the southeast part of Routt county, or the 107th degree of west longitude; thence running due west six miles; thence running due south to the northern line of Pitkin county; thence running due west on the southern line of Summit county to the Utah line; thence running north on the western line of Summit county to Routt county; thence running east on the north line of Summit county to the 107th degree of west longitude; thence south on the 107th degree of west longitude to the starting point. Source: L. 1883: p. 130, § 1. G.S. § 475. R.S. 08: § 1106. C.L. § 8585. CSA: C. 44, § 27. CRS 53: § 34-1-25. C.R.S. 1963: § 34-1-25. 30-5-126. Gilpin. Beginning at the confluence of the center of North Clear Creek with the center of Clear Creek; thence due north to the center of South Boulder Creek; thence up the center of South Boulder Creek to where it intersects the monumented survey line between Gilpin and Boulder counties; thence due west along said monumented survey line to the crest of the continental divide; thence southerly on the continental divide to its intersection with the dividing ridge between North Clear Creek and Clear Creek drainage basins; and thence southeasterly along said ridge to the place of beginning. Source: R.S. p. 161, § 31. G.L. § 366. G.S. § 441. R.S. 08: § 1107. C.L. § 8586. CSA: C. 44, § 28. CRS 53: § 34-1-26. C.R.S. 1963: § 34-1-26. L. 81: Entire section R&RE, p. 1429, § 7, effective July 1. 30-5-127. Gilpin and Jefferson counties, boundary between. That portion of the eastern boundary line of the county of Gilpin and that portion of the western boundary line of the county of Jefferson lying between the northwest corner of the county of Jefferson and the junction of the North and South Clear creeks, is fixed and established as follows: Beginning at a certain point on the north line of township two south, range seventy-two west of the sixth principal meridian, which point is due north of the junction of the North and South Clear creeks; thence due south to the junction of the North and South Clear creeks; but Colorado Revised Statutes 2019 Page 29 of 433 Uncertified Printout Jefferson county shall not be liable for any taxes already collected on lands lying west of the boundary hereby established. Source: L. 13: p. 284, § 1. C.L. § 8587. CSA: C. 44, § 29. CRS 53: § 34-1-27. C.R.S. 1963: § 35-1-27. 30-5-128. Grand. So much of the county of Summit, in the state of Colorado, as is included within the following described boundaries, shall be set apart and is hereby created into a new county, to be called Grand county: Beginning on the summit of the snowy range of the Rocky mountains, on the west boundary of Clear Creek county, at the point where the dividing range between the waters of Williams Fork and Blue river diverges from the main snowy range; running thence northwest along the summit of said dividing range between Williams Fork and Blue river to a point of intersection with the boundary line between townships one and two, south of the base line; thence west along said township line to the eastern boundary of the Ute Indian reservation; thence north along said boundary to the northeast corner of said reservation; thence west along the north boundary of said reservation to the west boundary of the state; thence north to the northwest corner of the same; thence east along the north boundary of the state to the northwest corner of Larimer county; thence south along the western boundaries of Larimer, Boulder and Gilpin counties, and west, northwest and southwest, along the north and west boundaries of Clear Creek county, to the place of beginning. Source: L. 1874: p. 70, §§ 1, 2. G.L. §§ 382, 383. G.S. §§ 459, 460. R.S. 08: §§ 1108, 1109. C.L. §§ 8588, 8589. CSA: C. 44, §§ 30, 31. CRS 53: § 34-1-128. C.R.S. 1963: § 34-1-28. 30-5-129. Gunnison. The county of Gunnison is hereby created and established, with the legal capacity and functions of other counties of this state, and with boundaries as follows: Commencing at a point on the south line of Lake county where the said line crosses the summit of the range of mountains forming the watershed between the waters of the Arkansas river and the streams draining westward into the Colorado river, known as the Saguache range; thence northward, along the summit of such range, to the north line of said Lake county; thence due west to the western line of the state; thence south along the west line of the state to the point where the north line of the county of Ouray intersects the same; thence east along the north line of Ouray county and the north line of Hinsdale county, to the west line of Saguache county; thence north along said west line to the northwest corner of Saguache county; thence east along the north line of Saguache county to the place of beginning. Source: G.L. § 411. G.S. § 467. R.S. 08: § 1110. C.L. § 8590. CSA: C. 44, § 32. CRS 53: § 34-1-129. C.R.S. 1963: § 34-1-29. 30-5-130. Hinsdale. The county of Hinsdale shall be bounded as follows: Commencing at the point of intersection of the ninth correction line north with the New Mexico principal meridian, and running thence north along said principal meridian to the southern boundary of Saguache county; thence westerly along the southern boundary of Saguache county to the one hundred and seventh meridian of longitude west from Greenwich; Colorado Revised Statutes 2019 Page 30 of 433 Uncertified Printout thence north along said meridian to a point ten miles north of the thirty-eighth parallel of north latitude; thence west to a point due north of a point six miles west of the mouth of Lost Trail creek, on the Rio Grande river; thence south to the point of intersection with the ninth correction line north; thence east along said correction line to the place of beginning. Source: L. 1874: p. 66, § 2. G.L. § 378. G.S. § 454. R.S. 08: § 1111. C.L. § 8591. CSA: C. 44, § 33. CRS 53: § 34-1-30. C.R.S. 1963: § 34-1-30. 30-5-131. Huerfano. Beginning at the summit of Greenhorn Mountain; thence following the crest of the main range of mountains around the headwaters of the Huerfano and Cucharas rivers to the summit of the easterly of the two Spanish peaks; thence northeasterly along the dividing ridge between the waters of the Santa Clara and Apishapa rivers to the intersection of said ridge with a straight line from Corral de Toros on the Huerfano River to the Iron Springs; thence northwesterly along said line to the Corral de Toros; and thence on a straight line westerly to the place of beginning. Source: R.S. p. 164, § 47. G.L. § 374. G.S. § 446. R.S. 08: § 1112. C.L. § 8592. CSA: C. 44, § 34. CRS 53: § 34-1-31. C.R.S. 1963: § 34-1-31. L. 81: Entire section R&RE, p. 1429, § 8, effective July 1. 30-5-132. Jackson. Beginning at the intersection of the north boundary line of Colorado with the continental divide; thence along said divide to the point where it intersects the Medicine Bow Mountains; thence northerly along the crest of the Medicine Bow Mountains to the north boundary line of Colorado; and thence west along said Colorado boundary line to the place of beginning. Source: L. 09: p. 432, § 1. C.L. § 8593. CSA: C. 44, § 35. CRS 53: § 34-1-32. C.R.S. 1963: § 34-1-32. L. 81: Entire section R&RE, p. 1430, § 9, effective July 1. 30-5-133. Jefferson. Jefferson county is hereby bounded as follows: Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, commencing at a point where the township line between townships one and two south intersects the range line between ranges sixty-eight and sixty-nine; thence due west twenty miles; thence due south to the junction of North and South Clear creeks; thence south to the Platte river; thence down the center of said Platte river to the point where said river intersects the first correction line; thence west to the range line between ranges sixty-eight and sixty-nine; thence north to the place of beginning. Source: G.L. § 364. G.S. § 439. L. 1889: p. 100, § 1. R.S. 08: § 1113. C.L. § 8594. CSA: C. 44, § 36. CRS 53: § 34-1-33. C.R.S. 1963: § 34-1-33. L. 2004: Entire section amended, p. 640, § 4, effective April 23. Editor's note: Pursuant to §§ 30-6-105 to 30-6-109, inclusive, there is recorded in the office of the clerk and recorder of Park County in book 70, page 560, and in the office of the Colorado Revised Statutes 2019 Page 31 of 433 Uncertified Printout clerk and recorder of Jefferson County in book 140, page 400 (indexed in book 2 Miscellaneous Papers - in the office of the secretary of state), a proclamation showing attachment to Park County and detachment from Jefferson County of territory described as follows: "Beginning at the intersection of the boundary line between Park and Jefferson Counties with the center line of the South Platte River, about two miles above Lake George, thence down the said Platte River along its center line to intersection of said center line with the Second Correction Line South, thence westerly along said Correction Line to its intersection with the boundary line between Park and Jefferson Counties, thence along said boundary line to point of beginning." 30-5-134. Kiowa. Beginning at the point of intersection of the east boundary line of Colorado with the south line of township twenty south; thence west on said township line to its intersection with the west line of range fifty-four west; thence north on said range line to the northwest corner of township twenty south, range fifty-four west; thence west on the south line of township nineteen south, range fifty-four west, to the southwest corner of said township and range; thence north on the west line of range fifty-four west to its intersection with the south line of township seventeen south; thence east on said township line to its intersection with the west line of range fifty-one west; thence north on said range line to its intersection with the south line of township sixteen south; thence east on said township line to the east boundary line of Colorado; and thence south on the Colorado boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1889: p. 222, § 1. R.S. 08: § 1114. C.L. § 8595. CSA: C. 44, § 37. CRS 53: § 34-1-34. C.R.S. 1963: § 34-1-34. L. 81: Entire section R&RE, p. 1430, § 10, effective July 1. 30-5-135. Kit Carson. The county of Kit Carson is hereby established, with the legal capacity and functions of other counties in this state, and the boundaries are as follows: Beginning at the northeast corner of Elbert county and running west along the north line of said Elbert county to the west line of range fifty-one, west of the sixth principal meridian; thence south on said west line of range fifty-one to the township line between townships eleven and twelve south; thence east along said township line to where it intersects the state line of Kansas; thence north on the east boundary line of Elbert county to the place of beginning. Source: L. 1889: p. 225, § 1. R.S. 08: § 1115. C.L. § 8596. CSA: C. 44, § 38. CRS 53: § 34-1-35. C.R.S. 1963: § 34-1-35. 30-5-136. Lake. Beginning at the point on the continental divide from which the Tenmile Range departs northerly; thence on a due west line to its second intersection with the continental divide; thence westerly and then southerly along the continental divide to its intersection with the section line lying one mile north of the south line of township eleven south; thence east on section lines to an intersection with the range, known as the Mosquito Range, dividing the waters of the Arkansas and South Platte rivers; thence northerly along the crest of said range to its intersection with the continental divide; and thence northeasterly along said Colorado Revised Statutes 2019 Page 32 of 433 Uncertified Printout divide to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1879: p. 45, § 1. G.S. § 468. R.S. 08: § 1116. C.L. § 8597. CSA: C. 44, § 39. CRS 53: § 34-1-36. C.R.S. 1963: § 34-1-36. L. 81: Entire section R&RE, p. 1430, § 11, effective July 1. 30-5-137. Lake and Chaffee - names changed. The name of the county of Lake is hereby changed to Chaffee, and the name of Carbonate county is changed to Lake county. Source: L. 1879: p. 48, § 1. G.S. § 469. R.S. 08: § 1117. C.L. § 8598. CSA: C. 44, § 40. CRS 53: § 34-1-37. C.R.S. 1963: § 34-1-37. 30-5-138. La Plata. The county of La Plata shall be bounded as follows: Commencing at a point six miles west of the mouth of Lost Trail creek, and running thence north to a point ten miles north of the thirty-eighth parallel of north latitude; thence west to the western boundary of the state; thence south along said western boundary to the southwest corner of the state; thence east along the southern boundary of the state to a point due south of the place of beginning; thence north to the place of beginning. Source: L. 1874: p. 67, § 3. G.L. § 379. G.S. § 455. R.S. 08: § 1118. C.L. § 8599. CSA: C. 44, § 41. CRS 53: § 34-1-38. C.R.S. 1963: § 34-1-38. 30-5-139. Larimer. Beginning at the intersection of the first standard parallel north with the east line of range sixty-eight west; thence west on said parallel to its intersection with the east line of range sixty-nine west; thence south on said range line to its intersection with the south line of township four north; thence west on said township line to its intersection with the continental divide; thence northwesterly on the continental divide to the point where it intersects the Medicine Bow Mountains; thence northwesterly along the crest of the Medicine Bow Mountains to its intersection with the north boundary line of Colorado; thence east on said north boundary line to its intersection with the east line of range sixty-eight west; and thence south to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: R.S. p. 160, § 23. G.L. § 362. G.S. § 437. R.S. 08: § 1119. C.L. § 8600. CSA: C. 44, § 42. CRS 53: § 34-1-39. C.R.S. 1963: § 34-1-39. L. 81: Entire section R&RE, p. 1430, § 12, effective July 1. 30-5-140. Las Animas. The boundaries of the county of Las Animas are as follows: Commencing at the southeast corner of the county of Pueblo; thence running due west to the Iron Springs; thence westerly along the southern line of Pueblo county, to the dividing ridge between the waters of the Apishapa and Santa Clara rivers; thence southward up the said dividing ridge to the summit of the easterly of the two Spanish peaks; thence westerly along the summit of the mountains to the eastern boundary of the county of Costilla; thence south along said eastern boundary of Costilla county to the southern line of the state; thence east to the southeast corner of the state; thence north to the place of beginning. Colorado Revised Statutes 2019 Page 33 of 433 Uncertified Printout Source: R.S. p. 164, § 48. G.L. § 375. G.S. § 447. R.S. 08: § 1120. C.L. § 8601. CSA: C. 44, § 43. CRS 53: § 34-1-40. C.R.S. 1963: § 34-1-40. 30-5-141. Lincoln. Beginning at the intersection of the first standard parallel south with the west line of range fifty-six west; thence south on said range line to its intersection with the second standard parallel south; thence west on said parallel to the northwest corner of section six, township eleven south, range fifty-six west; thence south on the west line of range fifty-six west to its intersection with the south line of township thirteen south; thence west on said township line to its intersection with the west line of range fifty-nine west; thence south on said range line to its intersection with the south line of township seventeen south; thence east on said township line to its intersection with the west line of range fifty-five west; thence south on said range line to the southwest corner of township seventeen south, range fifty-five west; thence east on the south line of said township and range to the southeast corner thereof; thence north on the east line of range fifty-five west to the southwest corner of township seventeen south, range fifty-four west; thence east on the south line of township seventeen south to the southeast corner of township seventeen south, range fifty-two west; thence north on the east line of range fiftytwo west to its intersection with the third standard parallel south; thence east on said parallel to the southeast corner of township fifteen south, range fifty-two west; thence north on the east line of range fifty-two west to its intersection with the second standard parallel south; thence east on said parallel to the southeast corner of township ten south, range fifty-two west; thence north on the east line of range fifty-two west to its intersection with the first standard parallel south; and thence west on said parallel to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1889: p. 234, § 1. R.S. 08: § 1121. C.L. § 8602. CSA: C. 44, § 44. CRS 53: § 34-1-41. C.R.S. 1963: § 34-1-41. L. 81: Entire section R&RE, p. 1431, § 13, effective July 1. 30-5-142. Logan. Beginning at the intersection of the east line of range forty-eight west with the north boundary line of Colorado; thence west on said north boundary line to its intersection with the west line of range fifty-five west; thence south on said range line to the southwest corner of township nine north, range fifty-five west; thence west on the north line of township eight north, range fifty-five west, to the northwest corner of said township and range; thence south on the west line of range fifty-five west to its intersection with the south line of township seven north; thence east on said township line to its intersection with the west line of range fifty-four west; thence south on said range line to its intersection with the south line of township six north; thence east on said township line to its intersection with the east line of range forty-eight west; thence north on said range line to the northeast corner of township eight north, range forty-eight west; thence east on the south line of township nine north, range forty-eight west, to the southwest corner of said township and range; and thence north on the east line of range forty-eight west to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1887: p. 247, § 1. R.S. 08: § 1122. C.L. § 8603. CSA: C. 44, § 45. CRS 53: § 34-1-42. C.R.S. 1963: § 34-1-42. L. 81: Entire section R&RE, p. 1431, § 14, effective July 1. Colorado Revised Statutes 2019 Page 34 of 433 Uncertified Printout 30-5-143. Mesa. So much of the county of Gunnison as is included within the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Mesa: Beginning at the northwest corner of Pitkin county, and running thence south along and with the western line of Pitkin county to the divide between the waters of the Grand river, now the Colorado river, and the north fork of the Gunnison river; thence southwesterly along and with said divide to the southwestern extremity of the Grand Mesa; thence southwesterly to the mouth of the Rio Dominguez; thence due south to the parallel of thirty-eight degrees and thirty minutes of north latitude; thence west to the western boundary line of the state of Colorado; thence north along said boundary line to the northern boundary line of Gunnison county; and thence east along said northern boundary line of Gunnison county to the place of beginning. Source: L. 1883: p. 133, § 1. G.S. § 476. R.S. 08: § 1123. C.L. § 8604. CSA: C. 44, § 46. CRS 53: § 34-1-43. C.R.S. 1963: § 34-1-43. L. 2011: Entire section amended, (HB 111303), ch. 264, p. 1172, § 84, effective August 10. 30-5-144. Mineral. Beginning at the intersection of the east line of range two east with the south line of township thirty-seven north; thence north on said range line to its intersection with the south line of township forty north, range two east; thence east on said township line to the southeast corner of said township and range; thence north on the east line of range two east to its intersection with the crest of the La Garita Mountains; thence northwesterly along the said crest to its intersection with the continental divide; thence westerly along the continental divide to its intersection with the west line of range two west; thence south on said range line to its intersection with the south line of township forty north, range two west; thence east on said township line to the northwest corner of township thirty-nine north, range two west; thence south on the west line of range two west to its intersection with the south line of township thirty-seven north; and thence east on said township line to the place of beginning. Said public land survey lines are based upon the New Mexico principal meridian. Source: L. 1893: p. 94, § 1. L. 1895: p. 205, § 1. R.S. 08: § 1124. C.L. § 8605. CSA: C. 44, § 47. CRS 53: § 34-1-44. C.R.S. 1963: § 34-1-44. L. 81: Entire section R&RE, p. 1432, § 15, effective July 1. 30-5-145. Moffat. All that part of Routt county as is included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Moffat: Beginning at a point on the north boundary of the state of Colorado at a point where said state line is intersected by the range line between ranges eighty-eight and eighty-nine west of the sixth principal meridian, known as the eleventh guide meridian; thence south on said range line to its intersection with the township line between township seven and eight; thence west on said township line to the section line between sections three and four, in township seven north, range eighty-nine west; thence south on said section line to the northeast corner of section twenty-eight in said township seven north, range eighty-nine west; thence west along the north line of sections twenty-eight, twenty-nine and thirty, in township seven north, range eighty-nine west of the sixth principal meridian to its intersection with the range line between ranges eighty-nine and ninety; Colorado Revised Statutes 2019 Page 35 of 433 Uncertified Printout thence south on said range line to its intersection with the north line of Rio Blanco county; thence west along the said north line of Rio Blanco county to its intersection with the line between the state of Utah and the state of Colorado; thence north on the said line between the state of Utah and the state of Colorado to the northwest corner of the state of Colorado; thence east on the line between the state of Wyoming and the state of Colorado to the point of beginning. Source: L. 11: p. 516, § 1. C.L. § 8606. CSA: C. 44, § 48. CRS 53: § 34-1-45. C.R.S. 1963: § 34-1-45. 30-5-146. Montezuma. The county of Montezuma is hereby established, with the legal capacity and functions of other counties of this state, and the boundaries are as follows: Beginning at the southwest corner of La Plata county, in the state of Colorado, and running thence east along the southern boundary line of said La Plata county to a point on the apex of the ridge dividing the waters of the Rio Mancos from the waters of the Rio La Plata; thence in a northeasterly direction along the apex of said ridge to the southern boundary line of Dolores county, in said state of Colorado; thence west along said southern boundary line of Dolores county to the eastern boundary line of the territory of Utah; thence south along said eastern boundary line of Utah to the place of beginning; and including all that portion of La Plata county drained by the waters of the Mancos river, Bear creek and Dolores river. Source: L. 1889: p. 262, § 1. R.S. 08: § 1125. C.L. § 8607. CSA: C. 44, § 49. CRS 53: § 34-1-46. C.R.S. 1963: § 34-1-46. 30-5-147. Montrose. The county of Montrose is hereby established with the legal capacity and functions of other counties in this state, and with boundaries as follows: Beginning at a point on parallel one hundred and seven degrees and thirty minutes two miles south of the third correction line extended west; thence west to a point due south of the mouth of the Rio Dominguez; thence south to parallel thirty-eight degrees and thirty minutes; thence west along said parallel to the west line of the state; thence south along said line to the northwest corner of Ouray county; thence east along said line to parallel one hundred and eight degrees of west longitude; thence north along said last named parallel to a point ten miles due north of the north line of Ouray county; thence east to parallel one hundred and seven degrees and thirty minutes; thence north along said parallel to the point of beginning. Source: L. 1883: p. 136, § 1. G.S. § 477. R.S. 08: § 1126. C.L. § 8608. CSA: C. 44, § 50. CRS 53: § 34-1-47. C.R.S. 1963: § 34-1-47. 30-5-148. Morgan. So much of the county of Weld as is included in the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Morgan: Beginning at the southeast corner of Weld county, and running thence west along the south line of Weld county to a point at the west line of range sixty, west of the sixth principal meridian; thence north, along the west line of said range sixty, to a point on said range line at the north line of township six, north of range sixty, west; thence east, along said north line of Colorado Revised Statutes 2019 Page 36 of 433 Uncertified Printout township six, north, and continuing on said course to a point on the east line of said county of Weld and the west line of range fifty-four; thence south, along the east boundary line of said Weld county, to the place of beginning. Source: L. 1889: p. 267, § 1. R.S. 08: § 1127. C.L. § 8609. CSA: C. 44, § 51. CRS 53: § 34-1-48. C.R.S. 1963: § 34-1-48. 30-5-149. Otero. Beginning at the intersection of the south line of township twentyseven south with the west line of range fifty-nine west; thence north on the west line of range fifty-nine west to the northwest corner of township twenty-six south, range fifty-nine west; thence west on the south line of township twenty-five south, range fifty-nine west, to the southwest corner of said township and range; thence north on the west line of range fifty-nine west to its intersection with the center of the Arkansas River; thence east and southeasterly with the center and meanderings of said river to its intersection with the north line of section twentyeight, township twenty-two south, range fifty-seven west; thence east on section lines to the west line of range fifty-five west; thence north on said range line to its intersection with the north line of township twenty-two south; thence east on said township line to its intersection with the west line of range fifty-four west; thence north on said range line to its intersection with the fourth standard parallel south; thence east on said parallel to its intersection with the east line of range fifty-four west; thence south on said range line to the southeast corner of township twenty-five south, range fifty-four west; thence west on the north line of township twenty-six south, range fifty-four west, to the northeast corner of said township and range; thence south on the east line of range fifty-four west to its intersection with the south line of township twenty-seven south; and thence west on said township line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1889: p. 281, § 1. R.S. 08: § 1128. C.L. § 8610. CSA: C. 44, § 52. CRS 53: § 34-1-49. C.R.S. 1963: § 34-1-49. L. 81: Entire section R&RE, p. 1432, § 16, effective July 1. 30-5-150. Ouray. The county of Ouray is hereby created, with the legal capacity and functions of other counties in this state, and shall embrace all that territory drained by the Uncompahgre river and its tributaries south of thirty-eight degrees and twenty minutes north latitude and north of the San Juan county line. Source: L. 1883: p. 139, § 1. G.S. § 478. R.S. 08: § 1129. C.L. § 8611. CSA: C. 44, § 53. CRS 53: § 34-1-50. C.R.S. 1963: § 34-1-50. 30-5-151. Ouray and Montrose - boundary. That portion of the western boundary line of the county of Ouray and that portion of the eastern boundary line of the county of Montrose lying between the northwest corner of the county of Ouray and the northern boundary line of the county of San Miguel, is hereby fixed and established as follows: Beginning at the northwest corner of the southwest quarter of the northwest quarter of section eighteen, township forty-seven north, range eleven west, New Mexico principal meridian which point is the northwest corner of Ouray county; thence south three quarters of a mile to the southwest corner of section eighteen, township forty-seven north, range eleven west; thence east Colorado Revised Statutes 2019 Page 37 of 433 Uncertified Printout one-half mile to the southwest corner of the southeast quarter of section eighteen, township forty-seven north, range eleven west; thence south to the center of section nineteen, township forty-seven north, range eleven west; thence east one mile to the center of section twenty, township forty-seven north, range eleven west; thence south two miles to the center of section thirty-two, township forty-seven north, range eleven west; thence one mile to the center of section thirty-three, township forty-seven north, range eleven west; thence south two miles to center of section nine, township forty-six north, range eleven west; thence east four miles to center of section seven, township forty-six north, range ten west; thence south one-half mile to the southwest corner of the southeast quarter of said section seven; thence east one and one-half miles to northeast corner of section seventeen, township forty-six north, range ten west; thence south one mile to southwest corner of section sixteen, township forty-six north, range ten west; thence east one mile to southeast corner of section sixteen, township forty-six north, range ten west; thence south one-half mile to the southwest corner of the northwest quarter of section twenty-two, township forty-six north, range ten west; thence east one mile to southeast corner of the northeast quarter of section twenty-two, township forty-six north, range ten west; thence south one-half mile to southeast corner of section twenty-two, township forty-six north, range ten west; thence east one-half mile to northeast corner of the northwest quarter of section twentysix, township forty-six north, range ten west; thence south three miles to southeast corner of the southwest quarter of section two, township forty-five north, range ten west; thence west one-half mile to northwest corner of section eleven, township forty-five north, range ten west; thence south one and one-half miles to southwest corner of the northwest quarter of section fourteen, township forty-five north, range ten west; which is the north boundary line of San Miguel county. Source: L. 13: p. 140, § 1. C.L. § 8612. CSA: C. 44, § 54. CRS 53: § 34-1-51. C.R.S. 1963: § 34-1-51. 30-5-152. Ouray and San Miguel - boundary. The state engineer, through the county surveyors of Ouray and San Miguel counties, within six months after this section becomes effective, shall designate the county line between the counties of Ouray and San Miguel, beginning at a point which is the southeast corner of Montrose county, the same being identical with the one-quarter corner between sections fourteen and fifteen, township forty-five north, range ten west, New Mexico principal meridian; thence west one mile to the one-quarter corner of sections fifteen and sixteen; thence south one-half mile to the corner of sections fifteen, sixteen, twenty-one and twenty-two; thence east three-quarters of a mile to the northwest corner of the northeast quarter of the northeast quarter of section twenty-two; thence south two miles to the southwest corner of the southeast quarter of the southeast quarter, section twenty-seven; thence east one-quarter mile to the corner of sections twenty-six, twenty-seven, thirty-four and thirty-five; all in township forty-five north, range ten west, New Mexico principal meridian; thence east three miles to the corner of sections twenty-nine, thirty, thirty-one and thirty-two, township forty-five north, range nine west, New Mexico principal meridian; thence south one mile to the southwest corner of section thirty-two on the eleventh correction line; all in township forty-five north, range nine west, New Mexico principal meridian; thence along the eleventh correction line to the northeast corner of section six, township forty-four north, range nine west, New Mexico principal meridian; thence west along the north line of section six to the northwest Colorado Revised Statutes 2019 Page 38 of 433 Uncertified Printout corner of lot one of said section; thence south to the southwest corner of the southeast quarter of the southeast quarter, section six; thence west one-quarter mile to the southwest corner of the southeast quarter of section six; thence south two miles to the southwest corner of the southeast quarter of section eighteen; all in township forty-four north of range nine west; thence east or west to the watershed hereinbefore established as the boundary line between Ouray and San Miguel counties. Source: L. 17: p. 118, § 1. C.L. § 8613. CSA: C. 44, § 55. CRS 53: § 34-1-52. C.R.S. 1963: § 34-1-52. L. 84: Entire section amended, p. 816, § 1, effective March 16. 30-5-153. Park. Park county: Commencing at a point where the second correction line south intersects the Platte river; thence south to the third correction line south; thence west to the summit of the snowy range, east of the Arkansas river; thence in a northerly direction along the divide between the Arkansas and Platte rivers, and around the headwaters of the Platte river and its tributaries; thence easterly along the snowy range dividing the waters of the Platte from the waters of the Blue, to the point of intersection with the first correction line south; thence east on said correction line to the western boundary of Jefferson county; thence south on said boundary to the Platte river; thence up the center of said river to the place of beginning. Source: R.S. p. 161, § 33. G.L. § 367. G.S. § 442. R.S. 08: § 1130. C.L. § 8614. CSA: C. 44, § 56. CRS 53: § 34-1-53. C.R.S. 1963: § 34-1-53. Editor's note: Pursuant to §§ 30-6-105 to 30-6-109, inclusive, there is recorded in the office of the clerk and recorder of Park County in book 70, page 560, and in the office of the clerk and recorder of Jefferson County in book 140, page 400 (indexed in book 2 Miscellaneous Papers - in the office of the secretary of state), a proclamation showing attachment to Park County and detachment from Jefferson County of territory described as follows: "Beginning at the intersection of the boundary line between Park and Jefferson Counties with the center line of the South Platte River, about two miles above Lake George, thence down the said Platte River along its center line to intersection of said center line with the Second Correction Line South, thence westerly along said Correction Line to its intersection with the boundary line between Park and Jefferson Counties, thence along said boundary line to point of beginning." 30-5-154. Phillips. Beginning at the intersection of the south line of township six north with the east boundary line of Colorado; thence west along said township line to its intersection with the west line of range forty-seven west; thence north on said range line to its intersection with the second standard parallel north; thence east on said parallel to the southwest corner of township nine north, range forty-seven west; thence north on the west line of range forty-seven west to its intersection with the northern boundary of the southern half of township nine north; thence east on said northern boundary to its intersection with the east boundary line of Colorado; and thence south on said boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Colorado Revised Statutes 2019 Page 39 of 433 Uncertified Printout Source: L. 1889: p. 288, § 1. R.S. 08: § 1131. C.L. § 8615. CSA: C. 44, § 57. CRS 53: § 34-1-54. C.R.S. 1963: § 34-1-54. L. 81: Entire section R&RE, p. 1432, § 17, effective July 1. 30-5-155. Pitkin. The county of Pitkin is hereby established, with the legal capacity and functions of other counties in this state, and with boundaries as follows: Beginning at the point on the summit of the survey or National range where the Elk mountain range intersects the same; thence in a westerly and northwesterly direction along the summit of the Elk mountain range to Snow Mass mountain; thence due west to the divide west of Rock creek; thence along said divide in a northwesterly direction to the southern boundary of Summit county; thence east along the southern boundary of Summit county to the top of the National range being the west boundary line of Lake county; thence along the summit of said range in a southeasterly direction to the place of beginning. Source: L. 1881: p. 89, § 1. G.S. § 471. R.S. 08: § 1132. C.L. § 8616. CSA: C. 44, § 58. CRS 53: § 34-1-55. C.R.S. 1963: 34-1-55. 30-5-156. Prowers. Beginning at the intersection of the eastern boundary line of Colorado with the south line of township twenty-seven south; thence west on said township line to its intersection with the west line of range forty-seven west; thence north on said range line to its intersection with the fifth standard parallel south; thence east on said parallel to the southwest corner of township twenty-five south, range forty-seven west; thence north on the west line of range forty-seven west to its intersection with the fourth standard parallel south; thence east on said parallel to the eastern boundary line of Colorado; and thence south on said boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1889: p. 294, § 1. R.S. 08: § 1133. C.L. § 8617. CSA: C. 44, § 59. CRS 53: § 34-1-56. C.R.S. 1963: § 34-1-56. L. 81: Entire section R&RE, p. 1433, § 18, effective July 1. 30-5-157. Pueblo. The boundaries of the county of Pueblo shall be as follows: Commencing at a point on the western boundary line of said county, as heretofore constituted, where the fourth correction line south crosses the western boundary of said county, thence running due west six miles; thence due south to the summit of the Greenhorn range of mountains; thence southward along said range of mountains to the summit of the Cuerno Verde peak; thence northeast in a straight line to Corral de Toros on the Huerfano river; thence eastward to the Iron Springs; thence due east to the east line of the state; thence north along said east line of the state to a point due east of the northeast corner of said county, as heretofore constituted; thence west to the northwest corner of said county, as heretofore constituted; and thence south to the place of beginning. Source: R.S. p. 164, § 46. G.L. § 373. G.S. § 445. R.S. 08: § 1134. C.L. § 8618. CSA: C. 44, § 60. CRS 53: § 34-1-57. C.R.S. 1963: § 34-1-57. 30-5-158. Rio Blanco. So much of the county of Garfield as is included within the following described boundaries shall be set apart and is hereby established as a county, with the Colorado Revised Statutes 2019 Page 40 of 433 Uncertified Printout legal capacities and functions of other counties of this state, to be called the county of Rio Blanco: Commencing at a point where the line between townships four and five south intersects the line between the state of Colorado and the territory of Utah; thence east on said township line to the southeast corner of township four south, range one hundred west; thence north three miles to the southeast corner of section thirteen, township four south, range one hundred west; thence east to the corner of sections fifteen, sixteen, twenty-one and twenty-two in township four south, range ninety-four west; thence north nine miles to the northeast corner of section four, township three south, range ninety-four west; thence east to the northeast corner of township three south, range ninety west; thence north six miles to the northeast corner of township two south, range ninety west; thence east to the eleventh guide meridian west; thence north on said eleventh guide meridian line to the base line; thence east on said base line to the southeast corner of township one north, range eighty-nine west; thence north six miles to the northeast corner of said township; thence east to the east boundary line of Garfield county; thence north to the south boundary line of Routt county; thence west on the south boundary line of Routt county to the state line; thence south on said state line to place of beginning. Source: L. 1889: p. 325, § 1. R.S. 08: § 1135. C.L. § 8619. CSA: C. 44, § 61. CRS 53: § 34-1-58. C.R.S. 1963: § 34-1-58. 30-5-159. Rio Grande. Beginning at the intersection of the ninth standard parallel north with the east line of range eight east; thence north on said range line to its intersection with the tenth standard parallel north; thence west on said parallel to its intersection with the west line of range four east; thence north on said range line to its intersection with the north line of township forty-one north; thence west on said township line to its intersection with the west line of range three east; thence south on said range line to the southeast corner of township forty north, range two east; thence west on the south line of said township and range to the northwest corner of township thirty-nine north, range three east; thence south on the west line of range three east to its intersection with the ninth standard parallel north; thence east on said parallel to the place of beginning. Said public land survey lines are based upon the New Mexico principal meridian. Source: L. 1874: p. 66, § 1. G.L. § 377. L. 1879: p. 48, § 1. G.S. §§ 453, 470. R.S. 08: §§ 1136, 1137. C.L. §§ 8620, 8621. CSA: C. 44, §§ 62, 63. CRS 53: § 34-1-59. C.R.S. 1963: § 34-1-59. L. 81: Entire section R&RE, p. 1433, § 19, effective July 1. 30-5-160. Routt. Beginning at the intersection of the west line of range eighty-eight west with the north boundary line of Colorado; thence south on said range line to its intersection with the north line of township seven north; thence west on said township line to the section line between sections three and four in township seven north, range eighty-nine west; thence south on said section line to the northeast corner of section twenty-eight in said township seven north, range eighty-nine west; thence west along the north line of sections twenty-eight, twenty-nine, and thirty in township seven north, range eighty-nine west to its intersection with the west line of range eighty-nine west; thence south on the west line of range eighty-nine west to the southwest corner of section eighteen, township three north, range eighty-nine west; thence east on the eastwest centerline of said township to the southeast corner of section sixteen in range eighty-six Colorado Revised Statutes 2019 Page 41 of 433 Uncertified Printout west; thence south on the north-south centerline of said range to the south line of township one south; thence east on said township line to its intersection with the west line of range eighty-two west; thence north along said range line to its intersection with the continental divide in township six north; thence northerly along said divide to its intersection with the north boundary line of Colorado; and thence west on said boundary line to the place of beginning. Said public land surveys are based upon the sixth principal meridian. Source: G.L. §§ 393, 394. G.S. §§ 463, 464. R.S. 08: §§ 1138, 1139. C.L. §§ 8622, 8623. CSA: C. 44, §§ 64, 65. CRS 53: § 34-1-60. C.R.S. 1963: § 34-1-60. L. 82: Entire section R&RE, p. 480, § 1, effective July 1. 30-5-161. Saguache. Saguache county: Commencing at the most easterly point of La Loma del Norte; thence in an easterly direction to the point where the Mosco creek enters into the San Luis Valley; thence up the center of said creek to the boundary line of Fremont county, on the summit of the Sangre de Cristo range; thence in a northwesterly direction along the summit of said range to the top of the range at the Poncho pass; thence in a direct line west to the one hundred and seventh degree of longitude; thence south, following said degree, to the north boundary line of Conejos county; thence east along the north boundary line of Conejos county to where it intersects the southwest boundary of Saguache county; thence on a produced southeasterly line to the mouth of the canyon of the snowy range, from whence flows the Rio Grande del Norte; thence down the center of said stream to the place of beginning. Source: L. 1872: p. 81, § 1. G.L. § 352. G.S. § 427. R.S. 08: § 1140. C.L. § 8624. CSA: C. 44, § 66. CRS 53: § 34-1-61. C.R.S. 1963: § 34-1-61. 30-5-162. Saguache and Costilla - boundary. (Repealed) Source: L. 1874: p. 68, § 13. G.L. omitted. G.S. § 426. R.S. 08: § 1141. C.L. § 8625. CSA: C. 44, § 67. CRS 53: § 34-1-62. C.R.S. 1963: § 34-1-62. L. 81: Entire section repealed, p. 1434, § 22, effective July 1. 30-5-163. San Juan. The county of San Juan is hereby created and established, with the legal capacity and functions of the other counties of the state, and with boundaries as follows: Commencing at a point on the western boundary of Hinsdale county, nine miles south of where it intersects the tenth correction line north; running thence due west to the western line of the state; thence north along such line to a point ten miles north of the thirty-eighth parallel of north latitude; thence east to a point on the summit of the main range of mountains, dividing the waters of the Uncompahgre and Animas rivers from the waters of the Lake Fork of the Gunnison; thence in a southerly direction along the summit of said range to a point at the head of the north fork of Pole creek; thence down said creek to the present boundary line between Hinsdale and La Plata counties; thence due south along said line to the place of beginning; and the boundary lines of La Plata and Hinsdale counties are hereby changed to correspond with the provisions of this section. Colorado Revised Statutes 2019 Page 42 of 433 Uncertified Printout Source: L. 1876: p. 58, § 1. G.L. § 384. G.S. § 461. R.S. 08: § 1142. C.L. § 8626. CSA: C. 44, § 68. CRS 53: § 34-1-63. C.R.S. 1963: § 34-1-63. 30-5-164. San Miguel. The county of San Miguel is hereby created and established, with the legal capacity and functions of other counties of this state, and with the boundaries as follows: Commencing at a point on the boundary line between the counties of Hinsdale and San Juan, due east of the junction of Mineral creek and the main branch of the Uncompahgre river; thence due west through said junction to the summit of the divide between Red Mountain valley and Poughkeepsie gulch; thence southerly along said divide, to the divide between the waters of the Animas river and the Uncompahgre river; thence along the divide separating the waters of the Uncompahgre and San Miguel rivers on the north from those of Animas river on the south, to the north line of La Plata county; thence along the north line of said La Plata county to the western line of the state; thence north to the southwest corner of Lake county; thence east along the south line of Lake county to the western line of Hinsdale county; thence southerly along the western boundary of Hinsdale county to the place of beginning. Source: G.L. § 385. G.S. § 462. R.S. 08: § 1143. C.L. § 8627. CSA: C. 44, § 69. CRS 53: § 34-1-64. C.R.S. 1963: § 34-1-64. 30-5-165. San Miguel and Dolores - boundary. The boundary line between San Miguel and Dolores counties is hereby established as follows: Commencing at the common section corner of sections twenty-seven, twenty-eight, thirty-three and thirty-four, township forty-one north, range nine west, New Mexico principal meridian, being the point of intersection of the said line with the west boundary line of the county of San Juan; thence north and west along the summit of the range dividing the waters of the San Miguel and Dolores rivers to the summit of Lone Cone mountain; thence northwesterly to the northeast corner of section twenty-three, township forty-two, north, range thirteen west New Mexico principal meridian; thence westerly following the section lines three miles north of the south boundary line of township forty-two to the west bank of the Dolores river on the boundary line between sections fourteen and twenty-three of said township forty-two north range eighteen west New Mexico principal meridian; thence south along the east boundary line of said section twenty-three to the southwest corner of said section twenty-three; thence west along the section lines two miles north of the south boundary of said township forty-two to the west boundary line of the state of Colorado. Source: L. 27: p. 278, § 1. CSA: C. 44, § 70. CRS 53: § 34-1-65. C.R.S. 1963: § 34-165. 30-5-166. San Miguel and Ouray - names changed. The name of the county of Uncompahgre is hereby changed to Ouray, and the name of Ouray county is hereby changed to San Miguel county. Source: L. 1883: p. 123, § 1. G.S. § 483. R.S. 08: § 1144. C.L. § 8628. CSA: C. 44, § 71. CRS 53: § 34-1-66. C.R.S. 1963: § 34-1-66. Colorado Revised Statutes 2019 Page 43 of 433 Uncertified Printout 30-5-167. Sedgwick. Beginning at the northeast corner boundary of Colorado; thence west on the north boundary line of Colorado to its intersection with the west line of range fortyseven west; thence south on said range line to its intersection with the southern boundary of the northern half of township nine north; thence east on said southern boundary to the east boundary line of Colorado; and thence north on said boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Source: L. 1889: p. 340, § 1. R.S. 08: § 1145. C.L. § 8629. CSA: C. 44, § 72. CRS 53: § 34-1-67. C.R.S. 1963: § 34-1-67. L. 81: Entire section R&RE, p. 1433, § 20, effective July 1. 30-5-168. Summit. Summit county: All that portion of the state bounded on the south by the county of Lake, and on the east by the summit of the snowy range, and on the north and west by the state boundary. Source: R.S. p. 162, § 37. G.L. § 369. G.S. § 444. R.S. 08: § 1146. C.L. § 8630. CSA: C. 44, § 73. CRS 53: § 34-1-68. C.R.S. 1963: § 34-1-68. 30-5-169. Teller. So much of the counties of El Paso and Fremont as is included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Teller: Beginning at the northeast corner of Fremont county at the intersection of the line between ranges sixty-seven and sixty-eight west of the sixth principal meridian, with the line between townships fifteen and sixteen south; thence north on the line between ranges sixty-seven and sixty-eight, seven miles, more or less, to the corner common to sections thirty and thirty-one, township fourteen south, range sixty-seven west, and sections twenty-five and thirty-six, township fourteen south of range sixty-eight west; thence westerly along section lines seven miles, more or less, to the corner common to sections twenty-five, twenty-six, thirty-five and thirty-six, in township fourteen south, range sixty-nine west; thence north on section lines, five miles, more or less, to the corner common to sections one and two, township fourteen south, range sixty-nine west, and sections thirty-five and thirty-six, township thirteen south, range sixty-nine west; thence east two miles along township line to corner common to sections five and six, township fourteen south, range sixty-eight west, and sections thirty-one and thirty-two, township thirteen south, range sixty-eight west; thence north along section lines eighteen miles, more or less, to the north section corner common to sections five and six, township eleven south, range sixty-eight west; thence west along the south boundary line of Douglas county sixteen miles, more or less, to the northwest corner of section three, township eleven south, range seventy-one west, being a point in the easterly boundary line of the county of Park; thence south along the easterly boundary line of Park county thirty miles, more or less, to the line between townships fifteen and sixteen south, being a point on the north boundary line of the county of Fremont; thence east along the north boundary line of Fremont county five miles, more or less, to the northeast corner of section five, township sixteen south, range seventy west; thence south along section lines three miles, more or less, to the corner common to sections sixteen and seventeen, twenty and twenty-one of township sixteen south of range seventy west; thence east along section lines, sixteen miles, more or less, to line between ranges sixty-seven and sixtyeight west; thence north on said range line, three miles, more or less, to the place of beginning. Colorado Revised Statutes 2019 Page 44 of 433 Uncertified Printout Source: L. 1899: p. 359, § 1. R.S. 08: § 1147. C.L. § 8631. CSA: C. 44, 74. CRS 53: § 34-1-69. C.R.S. 1963: § 34-1-69. 30-5-170. Washington. (1) The county of Washington is hereby established, with the same legal capacity and functions as other counties of this state, and the boundaries are as follows: Beginning at the southeast corner of Weld county, and running thence west along the south boundary of Weld county to a point at the west line of range fifty-four west of the sixth principal meridian; thence north along the west line of said range fifty-four to a point on said range line at the north line of township five, north of range fifty-four west; thence east along said north line of township five north, and continuing on said course direct to a point on the east boundary line of the state, and of said Weld county; thence south along the east boundary line of the state and Weld county to the place of beginning. (2) There is hereby stricken from the county of Adams, formerly a part of the county of Arapahoe, and annexed to the county of Washington, all that territory now a part of Adams county, formerly a part of Arapahoe county, described as follows: Beginning at the intersection of the east boundary line of range forty-nine west and the north boundary line of Adams county; thence west along the north boundary line of said Adams county to the east boundary line of range fifty-seven west; thence south along said line to the south boundary line of said Adams county; thence east along the southern boundary of said Adams county to the east boundary line of range forty-nine west; thence north along said line to the place of beginning. Source: L. 1887: p. 251, § 1. L. 03: p. 169, § 1. R.S. 08: §§ 1148, 1149. C.L. §§ 8632, 8633. CSA: C. 44, §§ 75, 76. CRS 53: § 34-1-70. C.R.S. 1963: § 34-1-70. 30-5-171. Weld. Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, beginning at the intersection of the west line of range sixty-eight west with the base line; thence north on said range line to its intersection with the north line of township four north; thence east on said township line to its intersection with the west line of range sixty-seven west; thence north on said range line to its intersection with the north boundary line of Colorado; thence east along said north boundary line to its intersection with the west line of range fifty-five west; thence south on said range line to the southeast corner of township nine north, range fiftysix west; thence west on the south line of said township and range to the northeast corner of township eight north, range fifty-six west; thence south on the west line of range fifty-five west to its intersection with the north line of township six north; thence west on said township line to its intersection with the west line of range sixty west; thence south on said range line to the southeast corner of township five north, range sixty-one west; thence west on the south line of said township and range to the northeast corner of township four north, range sixty-one west; thence south on the east line of range sixty-one west to its intersection with the base line; and thence west on the base line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian. Colorado Revised Statutes 2019 Page 45 of 433 Uncertified Printout Source: R.S. p. 160, § 21. G.L. § 361. G.S. § 436. R.S. 08: § 1150. C.L. § 8634. CSA: C. 44, § 77. CRS 53: § 34-1-71. C.R.S. 1963: § 34-1-71. L. 81: Entire section R&RE, p. 1433, § 21, effective July 1. L. 2004: Entire section amended, p. 640, § 5, effective April 23. 30-5-172. Yuma. (1) The county of Yuma is hereby established, with the same legal capacities and functions as other counties of this state, and the boundaries are as follows: Beginning at the northeast corner of Washington county; thence running west along the north line of Washington county to the range line between ranges forty-eight and forty-nine west of the sixth principal meridian, in said Washington county; thence south along said range line to the south line of Washington county; thence east along said south line of Washington county to the southeast corner of Washington county; thence north along the east line of said Washington county to the place of beginning. (2) There is hereby stricken from the county of Adams, formerly a part of Arapahoe county, and annexed to the county of Yuma, all that territory now a part of Adams county described as follows: Beginning at the northeast corner of Adams county, thence west along the north boundary of said county to the range line dividing ranges forty-eight and forty-nine west; thence along said range line to the south boundary of said county; thence east along the south boundary of said county to the southeast corner of said county; thence north along the eastern boundary of said county to the place of beginning. Source: L. 1889: p. 476, § 1. L. 03: p. 173, § 1. R.S. 08: §§ 1151, 1152. C.L. §§ 8635, 8636. CSA: C. 44, §§ 78, 79. CRS 53: § 34-1-72. C.R.S. 1963: § 34-1-72. ARTICLE 6 Location, Change, and Settlement of Boundaries 30-6-100.3. Definitions. As used in this article, unless the context otherwise requires, "county" means any county or city and county. Source: L. 86: Entire section added, p. 1034, § 1, effective July 1. 30-6-101. Survey of boundaries - arbitration. Wherever the boundary lines of any county are so indefinite as to make it impossible to determine where such lines are, and when a portion of territory by reason of such indefinite description is claimed by two counties, the board of county commissioners of each county so claiming said territory is authorized to have a survey made to define the boundaries. If it occurs that either county is dissatisfied with the boundary line as thus determined, it may be entitled to require of the other an arbitration for the settlement of the matter, from which arbitration there shall be no appeal, and the decision shall be final. Source: G.L. § 420. G.S. § 479. R.S. 08: § 1153. C.L. § 8637. CSA: C. 44, § 80. CRS 53: § 34-2-1. C.R.S. 1963: § 34-2-1. Colorado Revised Statutes 2019 Page 46 of 433 Uncertified Printout 30-6-102. Board of arbitration. When such arbitration is required, the board of county commissioners of each county shall choose one person from their county, and such persons shall select a third person who shall not be a resident of either county, and such three persons so chosen shall constitute a board of arbitration for the purposes mentioned in section 30-6-101. Source: G.L. § 421. G.S. § 480. R.S. 08: § 1154. C.L. § 8638. CSA: C. 44, § 81. CRS 53: § 34-2-2. C.R.S. 1963: § 34-2-2. 30-6-103. Arbitration - agreements - oaths - expenses. All counties, before entering into such arbitration by their boards of county commissioners, shall sign such agreements as required by law concerning arbitrations, and the board of arbitrators, before acting in such capacity, shall take such oath as prescribed by law. The expense of survey and arbitration shall be equally borne by each county, to be paid out of the county general fund. Source: G.L. § 422. G.S. § 481. R.S. 08: § 1155. C.L. § 8639. CSA: C. 44, § 82. CRS 53: § 34-2-3. C.R.S. 1963: § 34-2-3. 30-6-104. Boundaries not changed. Nothing in sections 30-6-101 to 30-6-103 shall be construed to authorize a change of county lines. Source: G.L. § 423. G.S. § 482. R.S. 08: § 1156. C.L. § 8640. CSA: C. 44, § 83. CRS 53: § 34-2-4. C.R.S. 1963: § 34-2-4. 30-6-105. Annexation - petition - notice to voters. When a majority of the taxpaying electors residing in that portion of the territory of any county proposed to be stricken off and annexed to an adjoining county shall petition the board of county commissioners of the county in which such territory is situate to have such portion stricken off and annexed to the adjoining county, giving the area and general boundaries of such territory by natural objects and monuments as near as may be, and shall deposit with such board of county commissioners an amount of money sufficient to pay the expenses of the surveying and platting of such territory, it is the duty of the said commissioners to have such territory surveyed and platted in a suitable manner and to cause to be submitted to the registered electors of such county at the general election next after the filing of such petition and plat with them the question of whether such portion of the territory of their county shall be so stricken off. The board of county commissioners shall also require the county clerk and recorder, in giving the notice required by law of the general election then next ensuing, to insert therein a notice to said registered electors that the question of striking off such territory from their county, particularly describing such territory by metes and bounds as shown by said survey, will be submitted to them for their approval or rejection and that they should designate on their ballots their approval thereof, which shall be expressed by the words "for the new county line", or their dissent thereto, expressed by the words "against the new county line". The board of county commissioners of the county to which such territory has been annexed may, in their discretion, pay the necessary expenses of such survey and plat by warrant on the treasury as in other cases. Colorado Revised Statutes 2019 Page 47 of 433 Uncertified Printout Source: L. 1887: p. 71, § 1. R.S. 08: § 1157. C.L. § 8641. CSA: C. 44, § 84. CRS 53: § 34-2-5. C.R.S. 1963: § 34-2-5. L. 85: Entire section amended, p. 1342, § 4, effective April 30. 30-6-106. Annexation - adjoining county. Upon the receipt of the said petition and deposit by the board of county commissioners, they shall immediately give notice of the fact to the board of county commissioners of the adjoining county to which the petitioners desire said territory should be annexed, and the board of county commissioners of the adjoining county shall, upon receipt of the same, require the county clerk of that county, in giving notice of the next general election, to notify the electors of that county of the proposed annexation, particularly setting forth by metes and bounds in said notice the description of the said territory, that the question of such annexation will be submitted to them at said election, and that said electors shall designate on their ballots their dissent from or agreement thereto, which dissent or agreement shall be expressed as is provided in section 30-6-105. Source: L. 1887: p. 72, § 2. R.S. 08: § 1158. C.L. § 8642. CSA: C. 44, § 85. CRS 53: § 34-2-6. C.R.S. 1963: § 34-2-6. 30-6-107. Annexation - election result - proclamation. When the votes cast at the annexation election have been duly canvassed, the county clerk of each of said counties shall transmit the result of said election, as to this question, along with the other returns, to the secretary of state, and if such canvass shows that a majority of the votes cast at said election in each of the said counties was in favor of the question submitted in the respective counties mentioned in section 30-6-106, the secretary of state shall immediately make proclamation thereof, setting forth a description of said territory, as it is described in said notice, plat, and survey, and that by virtue of such majority vote in said counties such territory has been stricken off from the one county, naming it, and annexed to the other county, naming it. Source: L. 1887: p. 72, § 3. R.S. 08: § 1159. C.L. § 8643. CSA: C. 44, § 86. CRS 53: § 34-2-7. C.R.S. 1963: § 34-2-7. 30-6-108. County clerk and recorders to record. It is the duty of the county clerk and recorders of the said counties to record at length said proclamation of the secretary of state, together with said survey and plat, in the deed records of his county, and thereafter the county line so established shall be the lawfully constituted line between said counties, and the said territory so annexed to such county shall be subject to the jurisdiction of the county to which it has been so added, and shall be a part and parcel thereof. Source: L. 1887: p. 73, § 4. R.S. 08: § 1160. C.L. § 8644. CSA: C. 44, § 87. CRS 53: § 34-2-8. C.R.S. 1963: § 34-2-8. 30-6-109. Liabilities of annexed territory. The territory so stricken off from any county and annexed to the adjoining county shall be held to pay its ratable proportion of all then existing liabilities of the county from which it has been taken. Such ratable proportion of liabilities, as soon as the proclamation has been made, shall be fixed by the board of county commissioners of the county from which it is taken, and certified to the board of county Colorado Revised Statutes 2019 Page 48 of 433 Uncertified Printout commissioners of the county of which it becomes a part; and said board of county commissioners of the last mentioned county shall cause a special tax to be levied upon the property subject to taxation in such annexed territory for one, two, or three years, until such ratable proportion has been fully collected and paid, and the money, when collected, shall be refunded to the county from which the territory has been taken. Source: L. 1887: p. 73, § 5. R.S. 08: § 1161. C.L. § 8645. CSA: C. 44, § 88. CRS 53: § 34-2-9. C.R.S. 1963: § 34-2-9. Cross references: For effect on pending actions of the merger of a municipality into the city and county of Denver, see § 30-11-201. 30-6-109.5. Annexation - county airports - agreements between governing bodies approval. (1) Any provision of this article to the contrary notwithstanding, the territory of one county may be stricken off and annexed to an adjoining county, whether such territory is contiguous to such adjoining county or not, for the purpose of building and operating a major air carrier airport if the annexing county has a population of more than four hundred thousand and the boards of county commissioners of the two counties enter into an agreement for such annexation and the annexation agreement is subsequently ratified pursuant to the provisions of this section. (2) Any such annexation agreement shall include, at a minimum: (a) A description of the boundaries of the territory to be stricken off and annexed; (b) A provision for the reversion of such territory to the county from which it is to be stricken off if the purposes of the annexation are not achieved; (c) A provision that any consideration paid by the annexing county go to or for the benefit of the county and any school district from which the annexed territory is to be stricken off; and (d) A provision designating either the next general election or a special election on a date certain as the ratification election for the proposed annexation agreement. (3) In order to enter into such an agreement for the striking off and annexation of territory, each board of county commissioners shall be required to approve the agreement by a majority vote at a regular board meeting after not less than seven days' notice to the public and the opportunity for oral and written public comment on the agreement. Such notice shall be published in at least one newspaper of general circulation in the county or counties involved. (4) After approval of the annexation agreement pursuant to subsection (3) of this section, the board of county commissioners of the county from which the territory is proposed to be stricken off shall submit such proposed annexation agreement to the registered electors of such county, pursuant to section 3 of article XIV of the state constitution, at the next general election or at a special election. Such election shall be governed by the provisions of the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and shall be paid for by the county in which it is held. (5) Failure of the registered electors to ratify the annexation agreement by majority vote shall defeat the proposed annexation, and the territory shall not be stricken off. The agreement shall be null and void. Colorado Revised Statutes 2019 Page 49 of 433 Uncertified Printout Source: L. 86: Entire section added, p. 1034, § 1, effective July 1. L. 92: (4) amended, p. 873, § 101, effective January 1, 1993. 30-6-109.7. Minor boundary adjustments. (1) (a) The general assembly hereby finds and declares that: (I) The existence of certain irregular and irrational boundaries between portions of the city and county of Denver and the neighboring counties of Adams, Arapahoe, and Jefferson has resulted in confusion and inefficiency in the delivery of public services, including police, fire, and emergency medical services, to properties on or near such boundaries; and (II) Such irregular boundaries jeopardize the ability of landowners to utilize and develop their property and impose increased costs and service delays when those landowners seek development approval. (b) The general assembly further finds and declares that it is the purpose of this section to: (I) Create a statutory mechanism, permitted by section 3 of article XIV of the Colorado constitution, that provides landowners with a limited means by which such irregular and irrational boundaries may be corrected for territory located in the city and county of Denver and in the counties of Adams, Arapahoe, and Jefferson; (II) Limit the minor boundary adjustments under this section to no more than fifty acres per adjustment and to no more than two hundred fifty acres for each such county; and (III) Permit a minor county boundary adjustment only if such adjustment is requested by one hundred percent of the landowners of property within the territory that is subject to such adjustment and only after the consent of all affected counties, municipalities, and school districts has been obtained. (2) Any provision of this article to the contrary notwithstanding, a portion of the territory of one county may be stricken off and added to an adjoining county without an election pursuant to the procedure contained in this section. (3) (a) A petition initiating a minor boundary adjustment that is signed by one hundred percent of the landowners of the territory of a county proposed to be stricken off may be submitted to the board of county commissioners in which such territory is situate. The petition shall include a map, survey, and legal description giving the area and general boundaries of such territory. (b) Upon receipt of the petition, the board of county commissioners in which such territory is situate shall conduct a hearing on the petition after not less than thirty days' notice to the public and allow the opportunity for oral and written comment on the petition. Such notice shall be published in at least one newspaper of general circulation in such territory. All owners of real property in the territory and any special district organized pursuant to title 32, C.R.S., that serves the territory are to be notified of such hearing by first class mail not less than ten days and not more than thirty days before the hearing. (c) Following such hearing, the board of county commissioners in which such territory is situate shall act by resolution to approve or deny the minor boundary adjustment initiated by the petition. In the event the minor boundary adjustment is denied, no further action shall be taken. (d) As used in this subsection (3), "landowner" means the owner in fee of any undivided interest in a given parcel of land that is within the boundaries of the territory of the county proposed to be stricken off. If the mineral estate has been severed, the landowner is the owner in Colorado Revised Statutes 2019 Page 50 of 433 Uncertified Printout fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate. (4) No resolution approving a boundary adjustment shall be adopted or effective pursuant to this section unless: (a) The territory to be stricken off and added to an adjoining county is contiguous to such adjoining county; (b) The total area of the territory to be stricken off and added to an adjoining county does not exceed fifty acres; (c) Both the county from which such territory is to be stricken off and the adjoining county to which such territory is to be added are represented on the boundary control commission established by section 1 of article XX of the Colorado constitution and the governing bodies of such counties have consented by resolution to the adjustment; (d) As to any county boundary adjustment under this section which will result in the detachment of area from any school district and the attachment of the same to another school district, the board of directors of the school district to which such area will be attached and the board of directors of the school district from which such area will be detached have consented by resolution to such adjustment; (e) The governing body of any municipality having incorporated territory contiguous to or contained within any portion of the territory to be stricken off has consented, by ordinance or resolution, to such adjustment. (5) If a minor boundary adjustment is approved pursuant to this section, the board of county commissioners of the county from which such territory is to be stricken off shall negotiate an intergovernmental agreement with the adjoining county to which such territory is to be added. The intergovernmental agreement shall set forth the terms adjusting the boundary of each county and shall include, but not be limited to, the following: (a) A description of the purpose of the minor boundary adjustment and of the petition initiating such adjustment; (b) A provision specifying that obligations that are in any way secured by property taxes or other revenue streams from the territory to be stricken off shall be paid as provided in section 30-6-109. (6) Upon approval by both counties of an intergovernmental agreement described in subsection (5) of this section, the board of county commissioners of each county that is a party to the agreement shall adopt a resolution approving the minor boundary adjustment. A copy of each resolution shall be recorded in the deed records of each county pursuant to section 30-6-108. Effective upon such recordation, the new county boundary so established shall be the lawfully constituted line between each county, and the territory stricken off from one county and added to the adjoining county shall be subject to the jurisdiction of such adjoining county and a part and parcel of the area of such adjoining county; except that the effective date of such new boundary for the purpose of general taxation shall be on and after the next January 1. (7) Not more than two hundred fifty acres may be stricken from or added to any county pursuant to the provisions of this section. (8) Except as provided by subsection (8.5) of this section, no territory of a county that contains an occupied residential unit may be stricken off and added to an adjoining county pursuant to this section. As used in this subsection (8), "occupied residential unit" means a Colorado Revised Statutes 2019 Page 51 of 433 Uncertified Printout building, or that portion of a building, designed for use predominantly as a place of residency by a person, a family, or families. (8.5) Subsections (3) and (8) of this section shall not apply to a minor boundary adjustment if the county to which territory will be added is bound by the intergovernmental agreement negotiated pursuant to subsection (5) of this section to use the territory solely for park and open space purposes. (9) In addition to any other requirements contained in this section, prior to the initiation of any minor boundary adjustment in which territory is proposed to be stricken off of the counties of Adams, Arapahoe, or Jefferson and added to the city and county of Denver, a decision approving the proposed minor boundary adjustment shall be made by a majority vote of the six-member boundary control commission, established by section 1 of article XX of the state constitution. (10) (Deleted by amendment, L. 2003, p. 1323, § 1, effective August 6, 2003.) Source: L. 98: Entire section added, p. 800, § 1, effective August 5. L. 2003: (8) and (10) amended and (8.5) added, p. 1323, § 1, effective August 6. Editor's note: Subsection (10) of this section contained a provision that repealed the entire section effective August 5, 2003. Subsection (10) was deleted by amendment in House Bill 03-1239 to give continuing effect to the section. The bill also amended subsection (8) and added a new subsection (8.5). This bill did not contain a safety clause. A bill without a safety clause usually takes effect on the day following the expiration of the ninety-day period after adjournment of the general assembly. Therefore, House Bill 03-1239 would normally take effect on August 6, 2003, one day after the repeal of the section was to take effect. An argument could be made that the deletion of the repealer and the other amendments to the section were of no effect because the repeal had already taken effect on the previous day. However, such an interpretation would defeat the general assembly's purpose in enacting the bill. For that reason, if a court is asked to address this circumstance, it could reach the conclusion that the amendment deleting the repeal should be given effect as of the date the governor signed the bill on April 22, 2003, rather than the technical effective date (see People v. Tacorante, 624 P.2d 1324 (Colo. 1981), where a similar conclusion was reached). In view of these factors, the repeal of this section is not reflected in the version printed above; rather, the section appears as amended by House Bill 03-1239. 30-6-110. Boundaries - survey - action to settle. When the boundary lines of any county in this state are so indefinite that a portion of territory, by reason of such indefinite description, is claimed by two counties, and such fact appears by petition of the board of county commissioners of either county to the state engineer, it is the duty of such state engineer, in connection with the county surveyor of each of such counties, to run out and establish such lines as nearly as may be in accordance with such defective description, fix and define such boundary line by monuments in accordance with rules issued by the state board of licensure for architects, professional engineers, and professional land surveyors, and to furnish the board of county commissioners of each of said counties with a description of such line as soon thereafter as may be practical, deposit such survey as a land survey plat in each county, and file a Colorado land survey monument record on each monument found or set, as specified in section 38-53-104. Colorado Revised Statutes 2019 Page 52 of 433 Uncertified Printout When such line is established it shall be the boundary line between said counties, unless one of said counties, within six months from the day of filing the description of said line by the state engineer with the board of county commissioners of such county, commences an action in a court of competent jurisdiction in this state to determine and settle such disputed line, and prosecute the same with due diligence until its final determination, or has settled such disputed line, within said six months, by arbitration. If the county surveyor of either of such counties shall not appear or assist the state engineer in making such survey after due notice so to do, it shall in no manner affect or invalidate such survey, or the boundary lines as they may be fixed by such state engineer. Source: L. 1887: p. 238, § 1. R.S. 08: § 1162. C.L. § 8646. CSA: C. 44, § 89. CRS 53: § 34-2-10. C.R.S. 1963: § 34-2-10. L. 2017: Entire section amended, (HB 17-1017), ch. 15, p. 44, § 4, effective August 9. Editor's note: Rule 109, C.R.C.P., referenced in this section, was repealed March 17, 1994. 30-6-111. State engineer - reimbursement for expenses. The office of the state engineer shall be reimbursed for the expenses of any survey conducted in connection with a boundary dispute pursuant to section 30-6-110, and such expenses shall be borne equally by the counties involved in the boundary dispute. Source: L. 1887: p. 239, § 2. R.S. 08: § 1163. C.L. § 8647. CSA: C. 44, § 90. CRS 53: § 34-2-11. C.R.S. 1963: § 34-2-11. L. 99: Entire section amended, p. 383, § 1, effective August 4. 30-6-112. Boundaries - not changed. Nothing in this section and sections 30-6-110 and 30-6-111 shall be so construed as to authorize a change of any county line. Source: L. 1887: p. 239, § 3. R.S. 08: § 1164. C.L. § 8648. CSA: C. 44, § 91. CRS 53: § 34-2-12. C.R.S. 1963: § 34-2-12. 30-6-113. Compliance with boundary control commission requirements. In addition to any other requirements, a decision approving the proposed annexation by a majority vote of the six-member boundary control commission established by section 1 of article XX of the state constitution shall be made prior to the initiation of any annexation procedures pursuant to this article to annex land from the counties of Adams, Arapahoe, or Jefferson to the city and county of Denver. Source: L. 86: Entire section added, p. 1035, § 1, effective July 1. ARTICLE 7 County Seats Designated Colorado Revised Statutes 2019 Page 53 of 433 Uncertified Printout 30-7-101. County seats designated. The county seats of the several counties of the state of Colorado as heretofore established by statutes or statutory election proceedings are hereby confirmed, validated, and established from the date of such statutory enactment or proceeding as follows: CountyCounty Seat (1) Adams Brighton (2) Alamosa Alamosa (3) Arapahoe Littleton (4) Archuleta Pagosa Springs (5) Baca Springfield (6) Bent Las Animas (7) Boulder Boulder (8) Broomfield, city and county of Broomfield (9) Chaffee Salida (10) Cheyenne Cheyenne Wells (11) Clear Creek Georgetown (12) Conejos Conejos (13) Costilla San Luis (14) Crowley Ordway (15) Custer Westcliffe (16) Delta Delta (17) Denver, city and county of Denver (18) Dolores Dove Creek (19) Douglas Castle Rock (20) Eagle Eagle (21) Elbert Kiowa (22) El Paso Colorado Springs (23) Fremont Cañon City (24) Garfield Glenwood Springs (25) Gilpin Central City (26) Grand Hot Sulphur Springs (27) Gunnison Gunnison (28) Hinsdale Lake City (29) Huerfano Walsenburg (30) Jackson Walden (31) Jefferson Golden (32) Kiowa Eads (33) Kit Carson Burlington (34) Lake Leadville (35) La Plata Durango (36) Larimer Fort Collins (37) Las Animas Trinidad (38) Lincoln Hugo (39) Logan Sterling (40) Mesa Grand Junction Colorado Revised Statutes 2019 Page 54 of 433 Uncertified Printout (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) (56) (57) (58) (59) (60) (61) (62) (63) (64) Mineral Creede Moffat Craig Montezuma Cortez Montrose Montrose Morgan Fort Morgan Otero La Junta Ouray Ouray Park Fairplay Phillips Holyoke Pitkin Aspen Prowers Lamar Pueblo Pueblo Rio Blanco Meeker Rio Grande Del Norte Routt Steamboat Springs Saguache Saguache San Juan Silverton San Miguel Telluride Sedgwick Julesburg Summit Breckenridge Teller Cripple Creek Washington Akron Weld Greeley Yuma Wray Source: L. 55: p. 244, § 1. CRS 53: § 34-4-1. C.R.S. 1963: § 34-4-1. L. 2001: Entire section amended, p. 256, § 3, effective November 15. 30-7-102. Relocation not affected. Nothing in this article shall affect the right of any county to change the location of its county seat as provided by law. Source: L. 55: p. 244, § 1. CRS 53: § 34-4-2. C.R.S. 1963: § 34-4-2. ARTICLE 8 Location and Removal of County Seats 30-8-101. County seat - removal - election. When an election is ordered by the board of county commissioners of any county on the question of removal or location of the county seat, it is the duty of such board of county commissioners to appoint special judges and registers of such elections, and to provide a special ballot box in each voting precinct in which shall be deposited all the ballots cast at such election in such precinct on the question of location or removal of the county seat. Colorado Revised Statutes 2019 Page 55 of 433 Uncertified Printout Source: L. 1881: p. 103, § 1. G.S. § 1284. R.S. 08: § 1171. C.L. § 8649. CSA: C. 44, § 92. CRS 53: § 34-3-1. C.R.S. 1963: § 34-3-1. 30-8-102. Special registration. It is the duty of the judges and registers so appointed to make a special registration of the voters of each precinct who have resided in the county at least six months, and in such precinct at least ninety days, prior to the day designated for holding such election, which day shall be the day designated by law for holding a general election, and no other. Source: L. 1881: p. 103, § 2. G.S. § 1285. R.S. 08: § 1172. C.L. § 8650. CSA: C. 44, § 93. CRS 53: § 34-3-2. C.R.S. 1963: § 34-3-2. 30-8-103. Polling places - special ballot. The election shall be held at the same places at which the general election is ordered to be held, but the vote for or against removal or location of the county seat shall be by a special ballot, separate and distinct from the general ticket voted at said election, which ballot shall be deposited in the special ballot box provided for in section 30-8-101, and no vote shall be counted for or against said removal or location which is not deposited in such special ballot box. Source: L. 1881: p. 103, § 3. G.S. § 1286. R.S. 08: § 1173. C.L. § 8651. CSA: C. 44, § 94. CRS 53: § 34-3-3. C.R.S. 1963: § 34-3-3. 30-8-104. Removal - when. No county seat shall be removed until the expiration of thirty days after the canvass of the votes by the county canvassers upon the question of location or removal, nor until the board of county commissioners of such county has made and entered of record on its journal an order directing such removal. The board shall make such order within thirty days after the county canvass is completed, unless enjoined or restrained from so doing by an order of the district court of said county or by the supreme court. Source: L. 1881: p. 104, § 4. G.S. § 1287. R.S. 08: § 1174. C.L. § 8652. CSA: C. 44, § 95. CRS 53: § 34-3-4. C.R.S. 1963: § 34-3-4. 30-8-105. Elections - laws applicable. All laws now in force relating to elections shall apply to elections held upon the question of removal or location of county seats, except that the question of location of such county seats shall be contested in the district court of said county in the first instance, but may be removed to the district court of any other county under the provisions of the Colorado rules of civil procedure relating to change of the place of trial, and shall be also subject to appeal as provided by law and the Colorado appellate rules. Not less than two-thirds of all the legal votes cast shall be necessary to effect the removal of the county seat of any county in this state. Source: L. 1881: p. 104, § 5. G.S. § 1288. R.S. 08: § 1175. C.L. § 8653. CSA: C. 44, § 96. CRS 53: § 34-3-5. C.R.S. 1963: § 34-3-5. Cross references: For the laws governing elections, see title 1. Colorado Revised Statutes 2019 Page 56 of 433 Uncertified Printout 30-8-106. Election contests - laws applicable. All laws governing contests of elections shall be applicable to contests of county seat elections; except that the board of county commissioners of the county shall in all cases be the contestee, and that the contest shall be conducted in the district court of the proper county. Such district court may appoint a magistrate to take testimony in relation to the grounds of contest alleged by the contestor, which magistrate may sit to take evidence in any precinct of his county. Source: L. 1881: p. 104, § 6. G.S. § 1289. R.S. 08: § 1176. C.L. § 8654. CSA: C. 44, § 97. CRS 53: § 34-3-6. C.R.S. 1963: § 34-3-6. L. 91: Entire section amended, p. 365, § 40, effective April 9. Cross references: For the laws governing contests of elections, see § 1-11-201 et seq. 30-8-107. County seats - removal - petition - election. (1) When the taxpaying electors of any county in this state are desirous of changing the county seat of the county in which they reside from the place where such county seat has been permanently located, they may at any time present to the board of county commissioners of such county a petition signed by a majority of such taxpaying electors whose names shall appear on the last tax roll. No names shall be withdrawn from said petition after the same has been presented to the board of county commissioners, except in cases of actual fraud in the procuring of signatures to the same. (2) Thereupon it is the duty of the board to require the county clerk and recorder, in giving notice for the next general election, to notify the registered voters of said county to designate upon their ballots at such election the place of their choice; and, if upon canvassing the votes polled or given it appears that any one place has two-thirds of all legal votes polled or given, such place shall be the county seat, and notice of any change thereby made shall be given as provided by law. Where there are no county buildings and the petition so states, it shall not be necessary for such majority to be more than a mere majority of all the legal votes cast to effect such removal. (3) The term "taxpaying electors" as used in this section means only those persons who are qualified voters under the registration and election laws of this state, and who in the calendar year last preceding the year in which such petition is presented as aforesaid have paid a tax, or are liable for the payment of such tax, on real or personal property assessed to them and owned by them in the county in which such petition is presented. Source: R.S. p. 162, § 42. G.L. omitted. G.S. § 685. L. 1885: p. 163, § 1. L. 1891: p. 117, § 1. R.S. 08: § 1167. L. 11: p. 263, § 1. L. 13: p. 229, § 1. C.L. § 8655. CSA: C. 44, § 98. CRS 53: § 34-3-7. C.R.S. 1963: § 34-3-7. L. 85: (2) amended, p. 1343, § 5, effective April 30. 30-8-108. Commissioners' surveys - county buildings. The board of county commissioners has the power to make all needful arrangements for having such county seat surveyed into lots, squares, streets, and alleys, selling and disposing of the same, and erecting a jailhouse, courthouse, or other county buildings as to the board seems best. Source: R.S. p. 163, § 44. G.L. § 372. G.S. § 687. R.S. 08: § 1169. C.L. § 8656. CSA: C. 44, § 99. CRS 53: § 34-3-8. C.R.S. 1963: § 34-3-8. Colorado Revised Statutes 2019 Page 57 of 433 Uncertified Printout 30-8-109. Attached territory - tax liability. No tax shall be levied against the people of any county to erect any public building in another county, in the same judicial district. Source: G.L. § 568. G.S. § 561. R.S. 08: § 1184. C.L. § 8657. CSA: C. 44, § 100. CRS 53: § 34-3-9. C.R.S. 1963: § 34-3-9. COUNTY OFFICERS ARTICLE 10 County Officers Cross references: For election and terms of county officers, see §§ 6 and 8 of art. XIV, Colo. Const., and §§ 1-4-205 and 1-4-206; for prohibited appointments by outgoing officers, see § 24-50-402; for provisions regarding official bonds, see article 13 of title 24; for standards of conduct for county officials, see article 18 of title 24. PART 1 GENERAL PROVISIONS 30-10-101. Offices - inspection of records - failure to comply - penalty. (1) (a) Every sheriff, county clerk and recorder, and county treasurer shall keep his or her respective office at the county seat of the county and in the office provided by the county, if any such has been provided, or, if there is none provided, then at such place as the board of county commissioners shall direct. Subject to the provisions of part 2 of article 72 of title 24, C.R.S., and any judicially recognized right of privacy, all books and papers required to be in such offices shall be open to the examination of any person, but no person, except parties in interest, or their attorneys, shall have the right to examine pleadings or other papers filed in any cause pending in such court. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the sheriff, county clerk and recorder, county treasurer, and clerk of the district and county courts may maintain his or her office at a location other than the county seat when authorized to do so pursuant to part 1 of article 5 of title 13, C.R.S. (c) Notwithstanding any other provision of law to the contrary, the sheriff, county clerk and recorder, and county treasurer may keep one or more offices outside of the county seat or such other place authorized pursuant to part 1 of article 5 of title 13, C.R.S. Any such office shall be in addition to his or her respective office kept pursuant to paragraph (a) of this subsection (1) and shall be within the same county. Any such additional office may be kept only if the board of county commissioners of such county makes office space or funding available to provide for the office. (d) As used in this section, "office" shall mean a place where some or all of the duties of a sheriff, county clerk and recorder, county treasurer, or clerk of the district and county courts are conducted. (2) Subject to the provisions of subsection (2.5) of this section, any person or corporation and their employees engaged in making abstracts or abstract books or in the business Colorado Revised Statutes 2019 Page 58 of 433 Uncertified Printout of title insurance, as defined in section 10-11-102 (3), C.R.S., shall have the right, during usual business hours and subject to such rules and regulations as the officer having the custody of such records may prescribe, to inspect and make memoranda, copies, or photographs of the contents of all such books and papers for the purpose of their business; but any such officer may make reasonable and general regulations concerning the inspection of such books and papers by the public or by such abstractors or title insurance personnel. If, for the purpose of making such copies, it becomes necessary to remove such records from the room where they are usually kept to some other room in the courthouse where such copying apparatus may be installed for such purpose, the county clerk and recorder, in his or her discretion, may charge to the person or corporation making such copies a fee of ten dollars per hour for the service of the deputy who has charge of such records while they are being so copied; but such fees shall not be charged to one person or corporation unless the same fee is likewise charged to every person or corporation copying such records. (2.5) (a) In lieu of affording the right of inspection and copying set forth in subsection (2) of this section, any clerk and recorder may make available to abstractors, title insurance personnel, and others, by subscription and on such medium as the clerk and recorder shall determine in accordance with the provisions of section 30-10-407, a daily copy in bulk of all documents recorded and filed in such office or less than all if the clerk and recorder determines it to be feasible to sort the bulk as requested. Such bulk copy shall be available to the subscriber no later than the third business day following the date of recording or filing. The fee to be charged by the clerk and recorder for bulk copies supplied in accordance with this subsection (2.5) shall be sufficient to cover the direct and indirect costs of production incurred by the clerk and recorder. (b) Upon tender of the appropriate fee as provided in section 30-1-103 (2)(j), the clerk and recorder shall furnish single copies of documents upon demand. (c) The clerk and recorder shall not be required to conduct a search of the real estate records in order to locate any document for copying or for any other purpose. (3) If any person or officer refuses or neglects to comply with the provisions of this section, he shall forfeit for each day he so refuses or neglects the sum of five dollars, to be collected by civil action, in the name of the people of the state of Colorado, and pay it into the school fund; but this shall not interfere with or take away any right of action for damages by any person injured by such neglect or refusal. Source: G.L. § 554. L. 1885: p. 157, § 1. R.S. 08: § 1352. L. 13: p. 227, § 1. L. 19: p. 368, § 1. C.L. § 8829. CSA: C. 45, § 176. CRS 53: § 35-1-1. C.R.S. 1963: § 35-1-1. L. 77: (1) amended, p. 1435, § 1, effective May 26. L. 83: (2) amended, p. 1226, § 5, effective July 1. L. 91: (2) amended, p. 709, § 5, effective July 1. L. 93: (1) amended, p. 91, § 2, effective July 1. L. 96: (2) amended and (2.5) added, p. 1556, § 3, effective July 1. L. 2001: (1)(c) and (1)(d) added, p. 652, § 1, effective May 30. L. 2010: (1)(a) amended, (HB 10-1062), ch. 161, p. 556, § 1, effective August 11. L. 2014: (2.5)(a) amended, (HB 14-1073), ch. 30, p. 176, § 4, effective July 1. 30-10-102. All money delivered to treasurer - penalty for failure. (1) Except as provided in subsection (2) of this section, every county clerk and recorder, district attorney, sheriff, or other state or county officer appointed by law, required or permitted to receive and Colorado Revised Statutes 2019 Page 59 of 433 Uncertified Printout pay over to the county treasurer any taxes, fines, fees, or other moneys whatsoever, within thirty days after the receipt of such moneys, shall pay the same over to the county treasurer, and together therewith such officer so paying over the same shall deliver to the county treasurer a statement of the amount of such moneys so collected by him and paid over, which statement shall be signed by the person paying the same, sworn to before the county treasurer, and then filed and preserved in the office of such treasurer. Every person falsely swearing in any such statement is guilty of perjury in the second degree. The county treasurer shall not demand or receive any fee for administering the oath required by this section. (2) Fines and fees levied and collected in state courts for which no specific disposition is provided shall be paid to the department of the treasury for deposit in the general fund. Source: G.L. § 558. G.S. § 658. R.S. 08: § 1356. C.L. § 8833. CSA: C. 45, § 180. CRS 53: § 35-1-2. C.R.S. 1963: § 35-1-2. L. 64: p. 221, § 46. L. 72: p. 556, § 9. L. 73: p. 1401, § 24. L. 2010: (1) amended, (HB 10-1062), ch. 161, p. 556, § 2, effective August 11. 30-10-103. Copies prima facie evidence. Copies of all documents, writs, proceedings, instruments, papers, and writings duly filed or deposited in the office of any county judge, county clerk and recorder, or county treasurer, and transcripts from books of record or proceedings kept by any of said officers, with the seal of his office affixed, shall be prima facie evidence in all cases. Source: G.L. § 559. G.S. § 659. R.S. 08: § 1357. C.L. § 8834. CSA: C. 45, § 181. CRS 53: § 35-1-3. C.R.S. 1963: § 35-1-3. 30-10-104. Resignations of officers, to whom made. All county officers who hold their office by election shall make their resignation to the officer authorized by law to fill such vacancies in such office, respectively. Source: G.L. § 560. G.S. § 660. R.S. 08: § 1358. C.L. § 8835. CSA: C. 45, § 182. CRS 53: § 35-1-4. C.R.S. 1963: § 35-1-4. 30-10-105. When office becomes vacant. (1) Every county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office: (a) The death of the incumbent; (b) The resignation of the incumbent; (c) The removal of the incumbent; (d) The incumbent's ceasing to be an inhabitant of the county for which he was elected or appointed; (e) The incumbent's refusal or neglect to take an oath or affirmation in accordance with section 24-12-101, to give or renew his or her official bond, or to deposit such bond within the time prescribed by law; (f) The decision of a competent tribunal declaring void his election or appointment; (g) The incumbent is declared incapacitated in the manner provided in subsection (4) of this section. (h) Repealed. Colorado Revised Statutes 2019 Page 60 of 433 Uncertified Printout (2) In the event a county officer is found guilty of any felony or infamous crime by a court or jury, the board of county commissioners shall immediately suspend such county officer from office without pay until his conviction is final and he has exhausted, or by failure to assert them has waived, all rights to new trial and all rights of appeal. At the time such officer's conviction is final and he has exhausted, or by failure to assert them has waived, all rights to appeal and new trial, the said board shall remove such officer from office and his successor shall be appointed as provided by statute, unless during such period of suspension a successor has been duly elected and qualified and said successor, whether so appointed or elected, shall be the duly constituted officer. (3) Should the officer suspended from office by the board of county commissioners as provided in this section be found not guilty in a state or federal court either on appeal, original trial, or new trial, the board shall forthwith reinstate such officer and give him his back pay, unless during such period of suspension a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified. (4) (a) Any county officer shall be declared incapacitated when there is a judicial determination that he is unable to routinely and fully carry out the responsibilities of his office by virtue of mental or physical illness or disability and he has been so unable for a continuous period of not less than six months immediately preceding the finding of incapacity. The quantum of proof required, the procedures to be followed, and the rights reserved to the subject of any determination of incapacity under this subsection (4) shall be those specified for the appointment of guardians in part 3 of article 14 of title 15, C.R.S., to the extent applicable. (b) A proceeding to determine incapacity under this subsection (4) shall be commenced in the district court by a majority of the board of county commissioners. With respect to a county commissioner, proceedings shall be commenced when said commissioner fails to attend any regular meeting of the board of county commissioners for a period of six months. With respect to any county officer other than a county commissioner, proceedings shall be commenced when such officer fails to report to his office or other regular place of business for a period of six months. (c) In any county having a population of less than one hundred thousand, the county shall be represented in the district court by the district attorney or by a qualified attorney acting for the district attorney who is appointed by the district court for that purpose. In any county having a population of one hundred thousand or more, the county shall be represented by the county attorney or a qualified attorney acting for the county attorney who is appointed by the district court for that purpose. Source: G.L. § 561. G.S. § 661. R.S. 08: § 1359. C.L. § 8836. CSA: C. 45, § 183. CRS 53: § 35-1-5. L. 57: p. 308, § 1. C.R.S. 1963: § 35-1-5. L. 89: (1)(g) and (4) added, p. 1277, §§ 1, 2, effective March 9. L. 90: (1)(h) added, p. 1445, § 2, effective April 5; (1)(h) repealed, p. 1847, § 43, effective May 31. L. 2000: (4)(a) amended, p. 1835, § 15, effective January 1, 2001. L. 2018: (1)(e) amended, (HB 18-1138), ch. 88, p. 696, § 20, effective August 8. Colorado Revised Statutes 2019 Page 61 of 433 Uncertified Printout Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-106. Substitute officers have same powers and compensation. When any coroner is required to act as sheriff, or any other officer in this state is required to perform any duties belonging to any other office, for the time being, he shall have the same powers in respect to that duty as are given by law to the officer whose duties he performs, and shall be entitled to receive the same compensation for his services. Source: G.L. § 562. G.S. § 662. R.S. 08: § 1360. C.L. § 8837. CSA: C. 45, § 184. CRS 53: § 35-1-6. C.R.S. 1963: § 35-1-6. L. 64: p. 221, § 47. 30-10-107. Penalty for refusing to qualify. Any person elected or appointed to any county office in any county in this state who refuses to qualify, having consented to such election or appointment, is liable to a fine not exceeding one hundred nor less than twenty-five dollars, at the discretion of any court having competent jurisdiction. Source: R.S. p. 190, § 1. G.L. § 564. G.S. § 664. R.S. 08: § 1361. C.L. § 8838. CSA: C. 45, § 185. CRS 53: § 35-1-7. C.R.S. 1963: § 35-1-7. 30-10-108. Fines appropriated to school fund of county. All fines contemplated in section 30-10-107 shall be recoverable before any court in this state, in the name of the county in which the case arises, and shall be appropriated to the use of the school fund of said county. Source: R.S. p. 190, § 10. G.L. § 564. G.S. § 665. R.S. 08: § 1362. C.L. § 8839. CSA: C. 45, § 186. CRS 53: § 35-1-8. C.R.S. 1963: § 35-1-8. 30-10-109. Office hours. All county offices shall be kept open for the transaction of county business on the days and during the hours designated by resolution of the board of county commissioners. However, all clerks of court and sheriffs shall be subject, at all times, to the command of the people, and each thereof shall at all hours, night and day, be prepared to attend such duties as may reasonably be required of them. Source: L. 51: p. 304, § 1. CSA: C. 45, § 187(1). CRS 53: § 35-1-9. L. 55: p. 248, § 1. L. 59: p. 344, § 1. C.R.S. 1963: § 35-1-9. L. 77: Entire section amended, p. 1436, § 1, effective May 26. 30-10-110. Bonds or insurance of officers - oath or affirmation. (1) Except as provided in subsection (2) of this section, every county officer named in section 30-10-101, before entering upon the duties of office, on or before the day of the commencement of the term for which the officer was elected, shall execute and deposit an official bond, as prescribed by law. Any such officer shall also take an oath or affirmation in accordance with section 24-12101. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county officer and county employees to protect the Colorado Revised Statutes 2019 Page 62 of 433 Uncertified Printout people of the county from any malfeasance on the part of the officer while in office or employees. Source: G.L. § 555. G.S. § 668. R.S. 08: § 1353. C.L. § 8830. CSA: C. 45, § 177. CRS 53: § 35-1-10. C.R.S. 1963: § 35-1-10. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 3, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 696, § 21, effective August 8. Cross references: (1) For oath of office, see §§ 8 and 9 of art. XII, Colo. Const.; for approval and execution of bonds, see §§ 10-4-301 and 24-13-116. (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-111. Oath of deputy. A deputy appointed to office, before entering upon the deputy's duties under such appointment, shall take and subscribe the like oath of office as that required to be taken by the appointing officer and shall deposit the same in the office where the oath of such officer is deposited. Source: G.L. § 556. G.S. § 669. R.S. 08: § 1354. C.L. § 8831. CSA: C. 45, § 178. CRS 53: § 35-1-11. C.R.S. 1963: § 35-1-11. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 4, effective August 11. 30-10-112. Officer to act until successor qualifies. When the term of office of any sheriff, coroner, county judge, county clerk and recorder, assessor, county treasurer, county surveyor, or other county officer expires, it shall be lawful for such officer, whether reelected or not, and his deputies, to continue to perform all the duties of such office until his successor is duly qualified as required by law. Source: G.L. § 557. G.S. § 657. R.S. 08: § 1355. C.L. § 8832. CSA: C. 45, § 179. CRS 53: § 35-1-12. C.R.S. 1963: § 35-1-12. L. 64: p. 222, § 48. 30-10-113. Contribution limits for county offices - definitions. (1) The maximum amount of aggregate contributions that a person may make to a candidate committee of a candidate for a county office and that a candidate committee for such candidate may accept from such person and related requirements governing the disclosure of such contributions are specified in section 1-45-103.7 (1.5). (2) For purposes of this section: (a) "County office" means a county commissioner, county clerk and recorder, sheriff, coroner, treasurer, assessor, or surveyor. (b) "Person" has the same meaning as specified in section 2 (11) of article XXVIII of the state constitution. Source: L. 2019: Entire section added, (HB 19-1007), ch. 97, p. 357, § 2, effective August 2. Colorado Revised Statutes 2019 Page 63 of 433 Uncertified Printout Editor's note: Section 4(2) of chapter 97 (HB 19-1007), Session Laws of Colorado 2019, provides that the act adding this section applies to the portion of any election cycle or for the portion of the calendar year remaining after August 2, 2019, and for any election cycle or calendar year commencing after August 2, 2019, whichever is applicable. PART 2 RECALL OF COUNTY OFFICERS 30-10-201 to 30-10-210. (Repealed) Source: L. 92: Entire part repealed, p. 924, § 198, effective January 1, 1993. Editor's note: This part 2 was numbered as article 2 of chapter 35, C.R.S. 1963. For amendments to this part 2 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. Cross references: For current provisions relating to the recall of officers, see part 1 of article 12 of title 1. PART 3 COUNTY COMMISSIONERS Cross references: For powers and functions of a board of county commissioners, see part 1 of article 11 of this title. 30-10-301. Oath or affirmation of commissioners. Each person elected as commissioner, on receiving a certificate of his or her election, shall take an oath or affirmation in accordance with section 24-12-101. Source: G.L. § 440. G.S. § 532. R.S. 08: § 1189. C.L. § 8667. CSA: C. 45, § 10. CRS 53: § 35-3-1. C.R.S. 1963: § 35-3-1. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 697, § 22, effective August 8. Cross references: (1) For county commissioners' election and term of office, see § 6 of art. XIV, Colo. Const., and § 1-4-205. (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-302. County seal - open meetings - rules. The seal of the county shall be the seal of the board of county commissioners. The board of county commissioners shall meet in open session and all persons conducting themselves in an orderly manner may attend its meetings. The board may establish rules and regulations to govern the transactions of its business. Colorado Revised Statutes 2019 Page 64 of 433 Uncertified Printout Source: G.L. § 459. G.S. § 542. R.S. 08: § 1191. C.L. § 8669. CSA: C. 45, § 12. CRS 53: § 35-3-2. C.R.S. 1963: § 35-3-2. Cross references: For public meetings, see part 4 of article 6 of title 24. 30-10-303. Meetings of board. (1) Each board of county commissioners shall meet at the county seat of its county at least one business day of each month and at such other times and locations within the county as in the opinion of the board the public interest may require. Such meetings shall be held on a regular and published schedule, as determined by resolution of the board. (2) The board may hold such special or emergency meetings and adopt such publication procedure therefor as the public interest may, in the opinion of the board, require. Source: G.L. § 439. G.S. § 531. R.S. 08: § 1190. C.L. § 8668. CSA: C. 45, § 11. CRS 53: § 35-3-3. C.R.S. 1963: § 35-3-3. L. 79: Entire section amended, p. 1141, § 1, effective June 15. 30-10-304. Meetings of board in counties over one hundred thousand. (1) Except as otherwise permitted under subsection (2) of this section, each board of county commissioners of a county containing more than one hundred thousand inhabitants shall hold at least two meetings in each week of each year; but in the months of July and August of each year the board will not be required to hold more than two meetings in each of those months. (2) Each board of county commissioners of a county containing more than one hundred thousand inhabitants may hold fewer than two meetings in each week of each year on the basis of, without limitation, the following circumstances: (a) A lack of a quorum caused by illness; (b) Scheduling conflicts with meetings of professional organizations whose membership includes county commissioners; (c) Inclement weather; (d) Natural disasters or emergency conditions; (e) Special events; or (f) Any other circumstance that a majority of the board deems reasonable justification for not holding the meeting in the majority's sole discretion. (3) The board chair may cancel a regularly scheduled meeting of the board. If the decision to cancel a meeting is made more than twenty-four hours in advance of the meeting, the board shall promptly provide notice to the public of the cancellation in the same manner in which it customarily provides the public notice of its meetings. Source: L. 07: p. 319, § 3. R.S. 08: § 1194. C.L. § 8670. CSA: C. 45, § 13. CRS 53: § 35-3-4. C.R.S. 1963: § 35-3-4. L. 2001: Entire section amended, p. 653, § 3, effective May 30. L. 2014: Entire section amended, (HB 14-1177), ch. 86, p. 330, § 1, effective September 1. 30-10-305. Penalty for absence from meetings in counties over one hundred thousand. If any member of the board of county commissioners of counties containing more than one hundred thousand inhabitants is absent from any regular meeting thereof without being Colorado Revised Statutes 2019 Page 65 of 433 Uncertified Printout excused by a majority of the board, he shall forfeit to the county ten dollars for any such absence, which sum so forfeited shall be deducted from the absentee's salary next to be paid. Source: L. 07: p. 319, § 4. R.S. 08: § 1195. C.L. § 8671. CSA: C. 45, § 14. CRS 53: § 35-3-5. C.R.S. 1963: § 35-3-5. 30-10-306. Commissioners' districts - vacancies. (1) Each county shall be divided into three compact districts by the board of county commissioners. Each district shall be as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. Each district shall be numbered consecutively and shall not be subject to alteration more often than once every two years. One commissioner shall be elected from each of such districts by the voters of the whole county. If any commissioner, during his or her term of office, moves from the district in which he or she resided when elected, his or her office shall thereupon become vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated. (2) Each county having a population of seventy thousand or more which has chosen to increase the members of the board of county commissioners from three to five shall be divided into three or five districts by the board of county commissioners according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. The districts shall be as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. Each district shall be numbered consecutively, and shall not be subject to alteration more often than once every two years; except that, notwithstanding subsection (3) of this section, the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), C.R.S., based on the division of the state into congressional districts or an approved plan for reapportionment of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. Commissioners shall be elected at large or from districts according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any commissioner required to be resident in a district moves during his term of office from the district in which he resided when elected, his office shall thereupon become vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated. (3) When a board of county commissioners determines to change the boundaries of commissioner districts or when new districts are created, such changes or additions shall be made only in odd-numbered years and, if made, shall be completed by July 1 of such year, except in cases of changes resulting from changes in county boundaries. (4) Notwithstanding subsections (1) to (3) of this section, after each federal census of the United States, each district shall be established, revised, or altered to assure that such districts shall be as nearly equal in population as possible based on such census minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal Colorado Revised Statutes 2019 Page 66 of 433 Uncertified Printout year. The establishment, revision, or alteration of districts required by this subsection (4) shall be completed by September 30 of the odd-numbered year following such census. (5) No less than thirty days before adopting any resolution to change the boundaries of commissioner districts or create new commissioner districts, the board of county commissioners shall hold a public hearing on the proposed district boundaries. Source: G.L. § 438. L. 1881: p. 100, § 1. G.S. § 530. L. 01: p. 144, § 1. R.S. 08: § 1196. C.L. § 8672. CSA: C. 45, § 15. CRS 53: § 35-3-6. L. 63: p. 262, § 1. C.R.S. 1963: § 35-3-6. L. 75: Entire section R&RE, p. 190, § 2, effective April 24. L. 80: (3) added, p. 424, § 2, effective March 25; (2) amended, p. 411, § 18, effective January 1, 1981. L. 84: (3) amended and (4) added, p. 818, § 1, effective March 26. L. 88: (2) amended, p. 1113, § 2, effective April 9; (3) amended, p. 298, § 4, effective January 1, 1989. L. 2002: (1), (2), and (4) amended and (5) added, p. 135, § 1, effective August 7. 30-10-306.5. Procedure to increase number of county commissioners. (1) In any county having a population of seventy thousand or more, the membership of the board of county commissioners may be increased from three to five members pursuant to this section. (2) Subject to referral as provided in this subsection (2), a board of county commissioners may pass a resolution increasing its membership to five members and designating not fewer than two of the methods of election set forth in subsection (5) or (6) of this section. The resolution shall be referred to the registered electors of the county at a general election. If a majority of votes cast are in favor of the referred resolution, the board of county commissioners shall take such action as is necessary to assure that the increased number of county commissioners are elected at the next general election according to the procedure for election contained in the referred resolution which received the largest number of votes cast. (3) (a) In the alternative, a petition signed by at least eight percent of the total number of qualified electors of a county voting for all candidates for the office of secretary of state at the last preceding general election shall be sufficient to place on the ballot at a general election the question of whether to increase the membership to five members with a designation of not fewer than two of the methods of election set forth in subsection (5) or (6) of this section. (b) If a majority of the votes cast on a question placed on the ballot pursuant to paragraph (a) of this subsection (3) are in favor of increasing the membership, the board of county commissioners shall pass a resolution increasing the membership to five members and providing for the election of the increased number of county commissioners at the next general election according to the procedure for election specified in such question which received the largest number of votes cast. (4) (Deleted by amendment, L. 94, p. 1269, § 1, effective May 22, 1994.) (5) (a) If three county commissioners are to be resident in districts and two elected by the voters of the whole county, they shall be elected as set forth in this subsection (5). Members resident in districts elected pursuant to this subsection (5) may be elected by the voters of the whole county or may be elected only by voters resident in the district from which the member runs for election. (b) If the first general election after the voters' approval of such increase is held in 1976 or any fourth year thereafter, two members resident in districts and one at-large member shall be elected to four-year terms at said election, and one at-large member shall be elected to fill the Colorado Revised Statutes 2019 Page 67 of 433 Uncertified Printout vacancy until the next general election, and two members, one resident in a district and one at large, shall be elected to four-year terms at said next general election. Thereafter, three members, two resident in districts and one at large, shall be elected at the general elections which occur each four years after the first general election following such resolution, and two members, one resident in a district and one at large, shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter. (c) If the first general election after the voters' approval of such increase is held in 1978 or any fourth year thereafter, two members, one resident in a district and one at large, shall be elected to four-year terms at said election, and one at-large member shall be elected to fill the vacancy until the next general election, and three members, two resident in districts and one at large, shall be elected to four-year terms at said next general election. Thereafter, two members, one resident in a district and one at large, shall be elected at the general elections which occur each four years after the first general election following such resolution, and three members, two resident in districts and one at large, shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter. (d) Prior to March 1 of the election year, the board of county commissioners shall designate the at-large position from which a commissioner is to be elected to a two-year term to fill a vacancy described in paragraph (b) or (c) of this subsection (5). (6) (a) If five county commissioners resident in districts are to be elected, they shall be elected as set forth in this subsection (6). Members elected pursuant to this subsection (6) may be elected by the voters of the whole county or may be elected only by voters resident in the district from which the member runs for election. (b) If the first general election after the voters' approval of such increase is held in 1982 or any fourth year thereafter, two members resident in districts shall be elected to four-year terms at said election, and one member resident in a district shall be elected to fill the vacancy until the next general election, and three members resident in districts shall be elected to fouryear terms at said next general election. Thereafter, two members resident in districts shall be elected at the general elections which occur each four years after the first general election following such resolution, and three members resident in districts shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter. (c) If the first general election after the voters' approval of such increase is held in 1984 or any fourth year thereafter, three members resident in districts shall be elected to four-year terms at said election, and one member resident in a district shall be elected to fill the vacancy until the next general election, and two members resident in districts shall be elected to four-year terms at said next general election. Thereafter, three members resident in districts shall be elected at the general elections which occur each four years after the first general election following such resolution, and two members resident in districts shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter. (d) The board of county commissioners shall designate the district from which a commissioner is to be elected to a two-year term to fill a vacancy described in paragraph (b) or (c) of this subsection (6). (7) Signature requirements governing petitions for a race involving a seat on the board of county commissioners for the next four calendar years immediately following an election at Colorado Revised Statutes 2019 Page 68 of 433 Uncertified Printout which the voters have approved an increase in the number of county commissioners from three to five under this section are specified in section 1-4-801 (2)(e), C.R.S., for major political party candidates, and section 1-4-802 (2), C.R.S., for candidates who do not wish to affiliate with a major political party. Following the first four calendar years after such a change in the membership of the board of county commissioners has been approved by the voters, the signature requirements for a petition for a county commissioner candidate must follow the procedures specified in section 1-4-801 (2)(a), C.R.S., for major political party candidates, and section 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate with a major political party, as applicable. Source: L. 80: Entire section added, p. 411, § 19, effective January 1, 1981. L. 94: (2) to (4) amended and (5)(d) added, pp. 1269, 1270, §§ 1, 2, effective May 22. L. 2013: (7) added, (SB 13-243), ch. 268, p. 1412, § 3, effective May 24. 30-10-306.7. Procedure for electing county commissioners. (1) In any county having a population of seventy thousand or more which has increased the membership of the board of county commissioners to five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the registered electors may, either by referendum or by initiative, change the method of electing said members or reduce the membership of the board of county commissioners to three, pursuant to the procedures in this section. (2) (a) In any such county, the method of electing members of the board of county commissioners may be changed to any one of the following methods: (I) Five commissioners resident in five districts, elected by the voters of the whole county or elected only by voters resident in the district from which the member runs for election. In such case, the procedures for election shall be in accordance with section 30-10-306.5 (6). The county clerk and recorder shall make any other necessary provision to effectuate the change in method of election. (II) Three commissioners resident in three districts, elected by the voters of the whole county or elected only by voters resident in the district from which the member runs for election. In such case, the procedures for election shall be in accordance with subsection (5) of this section. (III) Five commissioners elected as follows: Three commissioners resident in three districts and elected by voters resident in those districts and two commissioners elected at large; or three commissioners resident in districts and elected by voters of the whole county and two commissioners elected at large. In such case, the procedures for election shall be in accordance with paragraph (a) of subsection (5) of this section. (b) The registered electors of such a county may, either by referendum or by initiative, decrease the members of the board of county commissioners from five to three. In such case, the term of office of all members serving on the board shall expire at the time the next duly elected board takes the oath of office following the first general election after the voters' approval of such decrease, and three new members shall be elected in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. Two seats, as determined by lot, shall be elected for four-year terms and the remaining seat shall be elected for a two-year term of office in accordance with sections 1-4205 (2), C.R.S., and 30-10-306. The county clerk and recorder shall make any necessary changes to effectuate the decrease in membership. Colorado Revised Statutes 2019 Page 69 of 433 Uncertified Printout (3) Subject to referral as provided in this subsection (3), a board of county commissioners may pass a resolution changing the method of electing the members of the board or decreasing the membership of the board, as provided in subsection (2) of this section. Prior to the ninetieth day before the next general election, the board of county commissioners shall request that the county clerk and recorder place the resolution on the ballot for referral to the registered electors of the county at the next general election. (4) In the alternative, a petition signed by at least eight percent of the total number of qualified electors of a county voting for all candidates for the office of secretary of state at the last preceding general election shall be sufficient to place on the ballot at a general election the question of whether to change the method of electing members of the board or to decrease the membership of the board. In the case of a petition to change the method of electing members of the board, such petition shall specify the method of election according to subsection (2) of this section. Such a petition, shall be delivered to the county clerk and recorder prior to the ninetieth day before the next general election with a request that the question be placed on the ballot for referral to the registered electors of the county at the next general election. (5) (a) If a majority of the votes cast on the question are in favor of changing the method of electing the five commissioners or providing for three commissioners, as provided in subparagraph (II) or subparagraph (III) of paragraph (a) of subsection (2) of this section, the board of county commissioners shall change the boundaries of the commissioner districts so as to create three districts as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. The districts shall be numbered consecutively and shall not be subject to alteration more often than once every two years; except that, notwithstanding section 30-10-306 (3), the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), C.R.S., based on the division of the state into congressional districts or an approved plan for reapportionment of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. All other provisions of sections 1-4-205 (3)(a), C.R.S., and 30-10-306 (2) and (3) relating to the method of electing members, as provided in this paragraph (a), shall be applicable; except that, when districts are created, such changes shall be completed by July 1 of the odd-numbered year immediately preceding the general election. (b) (I) Upon adoption of the boundaries of the three commissioner districts pursuant to subsection (2) of this section, it shall be decided by lot which of the five presently elected commissioners shall serve each of the three commissioner districts and which two commissioners shall serve the county at large. (II) If more than one presently elected commissioner resides within the boundaries of the same newly created commissioner district, those commissioners shall first determine by lot which of them will serve that district and which of them will represent the county at large. The remaining commissioners shall then determine by lot which of them will serve the two remaining districts and which of them will serve as the second commissioner at large. (III) The county clerk and recorder shall establish the time, place, and manner in which such lots shall be conducted and shall declare the official results of such lots immediately thereafter. Colorado Revised Statutes 2019 Page 70 of 433 Uncertified Printout (c) In the event that the registered electors of a county vote to change the method of election pursuant to this subsection (5), the terms of office of the five presently elected commissioners shall not be affected. (d) Thereafter, the method of election in such counties shall be as provided in sections 14-205 (3)(a), C.R.S., and 30-10-306.5 (5). (6) Signature requirements governing petitions for a race involving a seat on the board of county commissioners for the next four calendar years immediately following an election at which the voters have approved a decrease in the number of county commissioners from five to three under this section are specified in section 1-4-801 (2)(e), C.R.S., for major political party candidates, and section 1-4-802 (2), C.R.S., for candidates who do not wish to affiliate with a major political party. Following the first four calendar years after such a change in the membership of the board of county commissioners has been approved by the voters, the signature requirements for a petition for a county commissioner candidate must follow the procedures specified in section 1-4-801 (2)(a), C.R.S., for major political party candidates, and section 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate with a major political party, as applicable. . Source: L. 88: Entire section added, p. 1111, § 1, effective April 9; (5)(a) amended, p. 1436, § 36, effective June 11. L. 2002: (5)(a) amended, p. 136, § 2, effective August 7. L. 2013: (6) added, (SB 13-243), ch. 268, p. 1413, § 4, effective May 24. 30-10-307. Chairman - temporary chairman. At the first meeting after election, the board of county commissioners shall choose one of its number as chairman, who shall preside at such meeting and all other meetings, if present; but, in case of his absence from such meeting, the members present shall choose one of its number as temporary chairman. Source: G.L. § 460. G.S. § 543. R.S. 08: § 1199. C.L. § 8675. CSA: C. 45, § 18. CRS 53: § 35-3-7. C.R.S. 1963: § 35-3-7. 30-10-308. Oaths administered and orders signed by chairman. The chairman of said board of county commissioners has the power to administer oaths to any person concerning any matter submitted to the board or connected with its powers and duties, and he shall sign all county orders. Source: G.L. § 461. G.S. § 544. R.S. 08: § 1201. C.L. § 8678. CSA: C. 45, § 21. CRS 53: § 35-3-8. C.R.S. 1963: § 35-3-8. 30-10-309. County commissioner vacancies. (Repealed) Source: G.L. §§ 445, 473, 942. G.S. §§ 537, 552, 1166. R.S. 08: §§ 1202, 1239, 2334. C.L. §§ 7822, 8679, 8680. CSA: C. 45, §§ 22, 23. CSA: C. 59, § 311. CRS 53: § 35-3-9. C.R.S. 1963: § 35-3-9. L. 79: Entire section R&RE, p. 1142, § 1, effective March 13. L. 80: Entire section repealed, p. 418, § 38, effective January 1, 1981. Colorado Revised Statutes 2019 Page 71 of 433 Uncertified Printout 30-10-310. Committee of commissioners - report. If the board of county commissioners sees fit to refer any matter to a committee of its members, the actions of said committee shall not be final, but shall be reported to the board for its consideration, and the board's action thereon shall be placed in its records. Source: L. 1891: p. 114, § 1. R.S. 08: § 1203. C.L. § 8681. CSA: C. 45, § 24. CRS 53: § 35-3-10. C.R.S. 1963: § 35-3-10. 30-10-311. Bonds or insurance of county commissioners. (1) Except as provided in subsection (2) of this section, each county commissioner of the several counties of this state is required to execute a bond, payable to the people of the state of Colorado, conditioned that the commissioner will faithfully and honestly discharge the duties of the office of county commissioner so long as the commissioner continues in office, and that the commissioner will not, either directly or indirectly, misappropriate, or permit to be misappropriated, any of the funds or property of said county while in office; that the commissioner will not, while in office, be interested or concerned in any manner, directly or indirectly, in any sale, purchase, bargain, or contract whereby any sum of money or thing in action becomes due to such commissioner from such county, or from any person from such county; and that the commissioner will at all times transact the business of such county economically, and to the best of the commissioner's ability, for the best interest of such county. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county commissioner to protect the people of the county from any malfeasance on the part of the commissioner while in office. Source: L. 1881: p. 96, § 1. G.S. § 564. R.S. 08: § 1244. C.L. § 8720. CSA: C. 45, § 67. CRS 53: § 35-3-11. C.R.S. 1963: § 35-3-11. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 5, effective August 11. 30-10-312. Amount of bond or insurance - county commissioners. The bond executed by the county commissioners in counties with a population of ten thousand or more persons pursuant to section 30-10-311 (1) or the insurance purchased by the county on behalf of the county commissioners pursuant to section 30-10-311 (2) shall be in the sum of ten thousand dollars and in counties with a population under ten thousand persons shall be in the sum of five thousand dollars. Source: L. 1881: p. 97, § 2. G.S. § 565. R.S. 08: § 1245. C.L. § 8721. CSA: C. 45, § 68. CRS 53: § 35-3-12. C.R.S. 1963: § 35-3-12. L. 73: p. 1401, § 25. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 6, effective August 11. 30-10-313. Bond executed or insurance purchased before duties assumed. No county commissioner shall enter upon the duties of the office of commissioner unless the commissioner has executed the bond described in section 30-10-311 (1) or the county has purchased the insurance described in section 30-10-311 (2). Colorado Revised Statutes 2019 Page 72 of 433 Uncertified Printout Source: L. 1881: p. 97, § 3. G.S. § 566. R.S. 08: § 1246. C.L. § 8722. CSA: C. 45, § 69. CRS 53: § 35-3-13. C.R.S. 1963: § 35-3-13. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 7, effective August 11. 30-10-314. Where bond filed. If a county commissioner executes a bond pursuant to section 30-10-311 (1), the bond, after approval by the judge of the district court, shall be filed by the county clerk and recorder of such county and shall be recorded in the records of the county. Source: L. 1881: p. 98, § 6. G.S. § 569. R.S. 08: § 1248. C.L. § 8724. CSA: C. 45, § 71. CRS 53: § 35-3-15. C.R.S. 1963: § 35-3-15. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 8, effective August 11. 30-10-315. Penalty for acting without bond or insurance. If any county commissioner acts as such officer, performs any of the duties, or exercises any of the rights or privileges of county commissioner without being bonded or insured pursuant to section 30-10-311, or after judgment of removal from such office has been entered, the commissioner is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred nor more than five thousand dollars, and by imprisonment in the county jail for not less than thirty days nor more than six months. Source: L. 1881: p. 98, § 5. G.S. § 568. R.S. 08: § 1247. C.L. § 8723. CSA: C. 45, § 70. CRS 53: § 35-3-14. L. 63: p. 326, § 15. C.R.S. 1963: § 35-3-14. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 9, effective August 11. 30-10-316. Suits on bond or insurance. Upon default or breach of any of the conditions of either the bond or the insurance policy required by section 30-10-311 by any county commissioner in this state, either the district attorney for the district in which such commissioner resided at the time of such breach, the county attorney of such county, or any taxpayer of the county who will become responsible for the costs of suit, may institute an action in any court of competent jurisdiction in such county in the name of the board of county commissioners of the county and against the principal and sureties upon the bond or the insurance policy for the damages such county has sustained by reason of the breach of any of the conditions contained in the bond or the insurance policy. When a suit is brought by any person other than the district or county attorney, the court may require surety for costs as in other civil cases. Source: L. 1881: p. 98, § 7. G.S. § 570. L. 1885: p. 162, § 1. R.S. 08: § 1249. C.L. § 8725. CSA: C. 45, § 72. CRS 53: § 35-3-16. C.R.S. 1963: § 35-3-16. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 10, effective August 11. 30-10-317. County to recover all damages - execution against body. In any action filed pursuant to section 30-10-316, the county shall recover all damages, both proximate and remote, that it may have sustained by reason of any breach of the conditions of the bond or the insurance policy required by section 30-10-311, as applicable; and if it appears on the trial of any such case that the breach was tortious, fraudulent, or willful, and that the county shall not be able to recover judgment against the sureties or, having recovered judgment, is unable to collect the Colorado Revised Statutes 2019 Page 73 of 433 Uncertified Printout same from the principal or the principal's sureties, the county may have execution against the body of such principal, who shall be confined in the county jail of the county until such judgment and costs are paid; except that such imprisonment shall not exceed one year. Source: L. 1881: p. 98, § 8. G.S. § 571. R.S. 08: § 1250. C.L. § 8726. CSA: C. 45, § 73. CRS 53: § 35-3-17. C.R.S. 1963: § 35-3-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 11, effective August 11. 30-10-318. Recovery for all damage - liability. In all suits upon the official bonds or insurance policies required by section 30-10-311, the recovery against a member of the board of county commissioners shall not be limited to a proportionate amount of the damage proved, but the recovery on the bond of each shall be for the whole amount of damage proved. If any member of a board of county commissioners knowingly acquiesces in any misappropriation of the funds of a county, or in the allowance of bills that are not legally allowable, or in the payment thereof, the sureties or insurer of the county commissioner, as applicable, shall be liable for all damages, both proximate and remote, that the county sustains for reason thereof, to be recovered as provided. Source: L. 1881: p. 99, § 9. G.S. § 572. R.S. 08: § 1251. C.L. § 8727. CSA: C. 45, § 74. CRS 53: § 35-3-18. C.R.S. 1963: § 35-3-18. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 12, effective August 11. 30-10-319. Clerk of board - duties. (1) It is the general duty of the clerk of the board of county commissioners: (a) To record, in a book to be provided for that purpose, all proceedings of the board; (b) To make regular entries of all their resolutions and decisions on all questions concerning the raising of money; (c) To record the vote of each commissioner on any question submitted to the board, if required by any member; (d) Except when specifically provided otherwise by law, sign all orders issued by the board for the payment of money; (e) To preserve and file all accounts acted upon by the board, with their action thereon, and he shall perform such other duties as are required by law. Source: G.L. § 469. G.S. § 554. R.S. 08: § 1252. C.L. § 8728. CSA: C. 45, § 75. CRS 53: § 35-3-19. C.R.S. 1963: § 35-3-19. L. 69: p. 223, § 1. L. 71: p. 324, § 1. Cross references: For the county clerk being the clerk of the board of county commissioners, see § 30-10-402. 30-10-320. Clerk to designate amount - copies of records. It is the duty of such clerk to designate upon every account which is audited and allowed by the board the amount so allowed; and he shall also deliver to any person who may demand it a certified copy of any record in his office, or any account on file therein, on receiving from such person the fees prescribed by law. Colorado Revised Statutes 2019 Page 74 of 433 Uncertified Printout Source: G.L. § 470. G.S. § 555. R.S. 08: § 1253. C.L. § 8729. CSA: C. 45, § 76. CRS 53: § 35-3-20. C.R.S. 1963: § 35-3-20. Cross references: For fees of county clerk and recorders for copies of records, see § 301-103. 30-10-321. Orders - dated and numbered - records of issuance. Such clerk shall not sign or issue any county order, unless ordered by the board of county commissioners authorizing the same; and every such order shall be numbered, and the date, amount, and number of the same, and the name of the person to whom it is issued, shall be entered in a book kept by him in his office for that purpose. Source: G.L. § 471. G.S. § 556. R.S. 08: § 1254. C.L. § 8730. CSA: C. 45, § 77. CRS 53: § 35-3-21. C.R.S. 1963: § 35-3-21. 30-10-322. Penalty for failure to perform duty. If any commissioner refuses or neglects to perform any of the duties which are required of him by law as a member of the board of county commissioners, without just cause therefor, he shall, for each offense, forfeit a sum not less than twenty-five nor more than one hundred dollars. Source: G.L. § 468. G.S. § 551. R.S. 08: § 1238. C.L. § 8715. CSA: C. 45, § 62. CRS 53: § 35-3-22. C.R.S. 1963: § 35-3-22. PART 4 COUNTY CLERK AND RECORDER Cross references: For fees of county clerk and recorders, see § 30-1-103. 30-10-401. County clerk - term - bond - insurance. (1) A county clerk shall be elected in each county of this state for the term of four years and, except as provided in subsection (2) of this section, before entering upon the duties of the office, shall execute to the people of the state of Colorado, and file with the county clerk then in office, a bond with two or more sufficient sureties in the sum of not less than five thousand dollars, to be affixed and approved by the board of county commissioners according to law, with conditions in substance as follows: "Whereas, The above bounden ........ was elected to the office of the county clerk of ........, on the ........ day of ........, Now, therefore, if the said ........ shall faithfully perform all the duties of the office, and shall pay over all moneys that may come into the hands of the clerk as required by law, and shall deliver to the clerk's successor in office all the books, records, papers, and other things belonging to said office, then the above obligation to be void, otherwise to remain in full force." The bond, after being recorded, shall be at once deposited with the county treasurer for safekeeping. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the county clerk to protect the people of the county from any malfeasance on the part of the clerk while in office. Colorado Revised Statutes 2019 Page 75 of 433 Uncertified Printout Source: G.L. § 478. G.S. § 573. R.S. 08: § 1256. C.L. § 8731. CSA: C. 45, § 78. CRS 53: § 35-4-1. L. 56: p. 128, § 1. C.R.S. 1963: § 35-4-1. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 13, effective August 11. Cross references: For the oath of civil officers, see § 8 of art. XII, Colo. Const.; for the election, term, and salary of county officers, see § 8 of art. XIV, Colo. Const.; for the election of county clerk, see § 1-4-206; for bonds executed by surety companies, see § 10-4-301; for the approval of official bonds, see § 24-13-116; for bonds of county officers, see § 30-10-110. 30-10-402. Clerk for board of commissioners. The county clerk shall be, in and for his county, clerk of the board of county commissioners. Source: G.L. § 479. G.S. § 574. R.S. 08: § 1257. C.L. § 8732. CSA: C. 45, § 79. CRS 53: § 35-4-2. C.R.S. 1963: § 35-4-2. 30-10-403. Deputy clerk - duties. Every county clerk shall appoint a deputy, in writing, under the county clerk's hand, and shall file such appointment in the office of the county clerk; and such deputy, in case of the absence or disability of the county clerk, or in case of a vacancy in the office thereof, shall perform all the duties of the county clerk during such absence or until such vacancy is filled. Every county clerk may appoint other deputies and, if the county clerk has executed a bond pursuant to section 30-10-401 (1), the county clerk's sureties shall be responsible under the bond for the acts of all such deputies. Source: G.L. § 480. G.S. § 575. R.S. 08: § 1258. C.L. § 8733. CSA: C. 45, § 80. CRS 53: § 35-4-3. C.R.S. 1963: § 35-4-3. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 14, effective August 11. 30-10-404. Vacancy in office - how filled. If a vacancy in the office of county clerk should occur by death, resignation, or otherwise, the board of county commissioners shall appoint some suitable person to fill such vacancy until a successor is elected according to law. Source: G.L. § 481. G.S. § 576. R.S. 08: § 1259. C.L. § 8734. CSA: C. 45, § 81. CRS 53: § 35-4-4. C.R.S. 1963: § 35-4-4. 30-10-405. Office at county seat - seal - records. (1) The county clerk and recorder shall keep his or her office at the county seat. The county clerk and recorder shall attend the sessions of the board of county commissioners either in person or by deputy, keep the county seal, records, and papers of the board of county commissioners, and keep a record of the proceedings of the board, as required by law, under the direction of the board of county commissioners. Records of such proceedings shall be kept in a visual text format that may be transmitted electronically. (2) Notwithstanding the provisions of subsection (1) of this section, the county clerk and recorder may maintain his or her office at a location other than the county seat when authorized to do so pursuant to part 1 of article 5 of title 13, C.R.S. Colorado Revised Statutes 2019 Page 76 of 433 Uncertified Printout Source: G.L. § 482. G.S. § 577. R.S. 08: § 1260. C.L. § 8735. CSA: C. 45, § 82. CRS 53: § 35-4-5. C.R.S. 1963: § 35-4-5. L. 93: Entire section amended, p. 92, § 3, effective July 1. L. 2009: (1) amended, (HB 09-1118), ch. 130, p. 561, § 5, effective August 5. 30-10-405.5. Electronic filings. The county clerk and recorder may accept by electronic filing deeds and all other documents authorized by law to be recorded in his or her office. As used in this part 4, unless the context otherwise requires, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. To the extent the provisions of this part 4 differ from the requirements of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., the provisions of this part 4 are intended to modify, limit, or supercede the requirements of such act, as provided for in section 7002 (a) of such act. Source: L. 2002: Entire section added, p. 789, § 1, effective August 7. 30-10-406. County clerk and recorder - duties - filing requirements. (1) The county clerk shall be ex officio recorder of deeds and shall have custody of and safely keep and preserve all the documents received for recording or filing in his or her office. As used in this part 4, unless the context otherwise requires, "document" includes electronic filings. During the hours the office is open for business, the clerk and recorder shall also record or cause to be recorded in print, or in a plain and distinct handwriting, or electronically, in suitable books or electronic records to be provided and kept in the clerk and recorder's office, all documents authorized by law to be recorded in his or her office and shall perform all other duties required by law. (2) Upon recording any document to which a documentary fee applies, the clerk and recorder shall forward a clear, complete, and accurate copy of such document to the office of the county assessor. The clerk and recorder may forward the copy electronically to said office. (3) (a) All documents received for recording or filing in the clerk and recorder's office, except a verification of application form as defined in section 38-29-102 (13), C.R.S., shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file any document that does not conform to the requirements of this paragraph (a). (b) Repealed. (4) The county clerk and recorder shall perform the duties prescribed in article 22 of title 15, C.R.S., with respect to the recording and processing of designated beneficiary agreements and revocations of such agreements. Source: G.L. § 483. G.S. § 578. R.S. 08: § 1261. C.L. § 8736. CSA: C. 45, § 83. CRS 53: § 35-4-6. C.R.S. 1963: § 35-4-6. L. 76: Entire section amended, p. 753, § 1, effective June 10. L. 96: Entire section amended, p. 1557, § 4, effective July 1. L. 97: (3) added, p. 215, § 1, effective September 1. L. 2002: (1) and (2) amended, p. 789, § 2, effective August 7. L. 2009: (3)(a) amended, (SB 09-040), ch. 9, p. 62, § 1, effective July 1; (4) added, (HB 09-1260), ch. 107, p. 447, § 17, effective July 1. Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective September 1, 1998. (See L. 97, p. 215.) Colorado Revised Statutes 2019 Page 77 of 433 Uncertified Printout 30-10-406.5. Redaction of first five digits of social security numbers on public documents. (1) A county clerk and recorder shall redact the first five digits of a social security number from a public document recorded with the clerk and recorder upon the request of the individual assigned the social security number or that individual's designee by power of attorney or appointment of personal representative, custodian, conservator, or guardian if: (a) The document is in electronic form; (b) The clerk and recorder has the equipment needed to automatically make the redaction; and (c) The individual requesting redaction makes the request in writing on a form provided by the clerk and pays a fee pursuant to section 30-1-103 (1). (2) A county clerk and recorder may, but is not required to, make a requested redaction even if he or she lacks the equipment needed to do so automatically. Source: L. 2014: Entire section added, (HB 14-1112), ch. 28, p. 171, § 1, effective January 1, 2015. 30-10-407. Microfilm and optical imaging records - when - standards for optical imaging systems. (1) When authorized by the board of county commissioners, the county clerk and recorder in counties, or cities and counties, may record the documents lawfully filed for record in his or her office by making and preserving microfilm or optical images thereof. Such county clerk and recorder shall properly index the same in the manner required by law. When the microfilm or optical imaging method of recording has been approved by the board of county commissioners and adopted by the county clerk and recorder, at least one microfilm reader to make the microfilms legible or at least one computer terminal to access optical imaging records shall be provided, and as many more microfilm readers or computer terminals as may prove necessary to give reasonable service to the public shall also be provided. (2) At least two microfilms or two optical imaging database records shall be made of each recorded document, which shall be kept in separate buildings as far as reasonably may be done in order that they may not be subject to the same hazards. All sets of the microfilm and all optical imaging computer data shall be constantly under the control of the county clerk and recorder. One set of microfilm or one copy of the optical imaging database shall always be kept by the county clerk and recorder, so that the same is available to the public during the hours that said county clerk and recorder's office is open for business and so that persons desiring to inspect or examine the record may do so by means of microfilm reader and facilities or by means of optical imaging computer terminals maintained in said county clerk and recorder's office. Said records shall not be removed from the county clerk and recorder's office at any time for any purpose, except the security copy, which shall be kept in a security vault approved by the board of county commissioners and the county clerk and recorder. The security copy of the microfilm or optical image media may be deposited in the county records section of the department of personnel. (3) (Deleted by amendment, L. 2004, p. 376, § 1, effective July 1, 2004.) (4) Any document which cannot be satisfactorily recorded by microfilm or by optical imaging may be recorded by other methods of photographing or by transcribing by typewriter or by longhand. Colorado Revised Statutes 2019 Page 78 of 433 Uncertified Printout (4.3) Regardless of the method by which a document is recorded, legible size prints shall be made on demand for the fee provided by law; except that the county clerk and recorder shall not be required to provide a print during the first three business days after a document is recorded. (4.5) Any optical imaging system utilized by a county clerk and recorder shall, at minimum, produce permanent records which do not permit additions, deletions, or other changes to the original documents. (5) Nothing in this section shall abridge or limit the power of any court to compel the production of any microfilm or optical imaging records in any proceeding. Source: L. 51: p. 302, § 1. CSA: C. 45, § 83(1). L. 53: p. 222, § 1. CRS 53: § 35-4-7. C.R.S. 1963: § 35-4-7. L. 81: (2) amended, p. 1435, § 1, effective April 2. L. 92: Entire section amended, p. 960, § 1, effective March 25. L. 96: (2) amended, p. 1542, § 134, effective June 1. L. 2004: (1), (2), (3), and (4) amended and (4.3) added, p. 376, § 1, effective July 1. 30-10-408. Grantor and grantee indices to be kept by county clerk and recorder. (1) (a) Every county clerk and recorder shall keep a grantor index and a grantee index in the clerk and recorder's office. The grantor index may be divided into seven columns, with heads to the respective columns as follows: Time of Reception Names of Grantors Volume and Page Where Recorded Names of Grantees Remarks Type of Document Description of Tract (b) The clerk and recorder shall make correct entries in the grantor index of every document filed or recorded, as required by law, concerning or affecting real estate, under the appropriate headings, entering the names of the grantors in alphabetical order. (2) (a) The grantee index may be divided into seven columns, with heads to the respective columns as follows: Time of Reception Names of Grantors Volume and Page Where Recorded Names of Grantees Remarks Type of Document Description of Tract (b) The clerk and recorder shall make correct entries in the grantee index of every document filed or recorded, as required by law, concerning or affecting real estate under the appropriate heading, entering the names of the grantees in alphabetical order. Colorado Revised Statutes 2019 Page 79 of 433 Uncertified Printout (2.5) The county clerk and recorder shall properly enter a recorded document in the grantor and grantee indices as soon as practicable but not later than seven business days after the date on which the document is recorded. (3) (a) In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the books and indices required by subsections (1) and (2) of this section. The security and public inspection provisions of section 30-10-407 shall apply to all such printouts, microfiches, aperture cards, or other photographic or electronic records. Both the grantor and grantee indices may be combined in one alphabetical listing with proper coding to indicate grantor and grantee, with both the grantor and grantee appearing in proper alphabetical order. (b) A general index of releases may be maintained on printouts, microfiches, or aperture cards, by other legible photographic or electronic process, or in a separate book of releases containing a space to enter new index numbers of releases on a numerical listing of the original recording information of the document being released. (c) Records kept under the provisions of this subsection (3) may substitute reception or index numbers for volume, film, or page numbers, and any electronic records may contain indices for as many years as the county clerk and recorder may deem useful for public inspection. Source: G.L. § 484. G.S. § 579. L. 1889: p. 105, § 1. R.S. 08: § 1262. C.L. § 8737. CSA: C. 45, § 84. CRS 53: § 35-4-8. C.R.S. 1963: § 35-4-8. L. 81: (2)(b) amended and (3) added, p. 1435, § 2, effective January 1, 1982. L. 82: (2)(b) amended, p. 625, § 30, effective April 2. L. 96: Entire section amended, p. 1557, § 5, effective July 1. L. 2002: (3) amended, p. 790, § 3, effective August 7. L. 2004: (2.5) added, p. 377, § 2, effective July 1. 30-10-409. Reception book - form - contents - acceptance for recording. (1) The county clerk and recorder shall also keep a reception book, each page of which shall be divided into five columns, with heads to the respective columns as follows: Time of Reception Names of Grantors Names To of Grantees Whom Fees Delivered Recei ved (2) When any document has been accepted by the clerk and recorder for recording and the proper fee has been paid, such document shall be deemed to be recorded for all purposes. After a document has been received, the clerk and recorder shall endorse upon such document information, which may be in electronic form, noting the day, hour, and minute of its acceptance for recording, the index or reception number, the volume, film or page where recorded, if such are used, and the fee received for recording the same and shall immediately make an entry of the same in the reception book, under the appropriate heading, with the amount paid as fee for recording the same. A document shall be deemed accepted as of the date and time of its endorsement. The clerk and recorder's endorsement may be done electronically. When such endorsement is made electronically, the endorsement shall be immediately perceptible and reproducible. Any document, except those filed and recorded pursuant to section 38-29-205, C.R.S., that is received by 1 p.m. on a business day shall be endorsed by the end of that day. Any Colorado Revised Statutes 2019 Page 80 of 433 Uncertified Printout document that is received after 1 p.m. on a business day shall be endorsed by 5 p.m. on the following business day. Those documents received pursuant to section 38-29-205, C.R.S., shall be endorsed by the clerk and recorder within three business days. After a document has been endorsed and processed for recording, the clerk and recorder, without additional fee or charge, shall deliver it by regular mail, electronic delivery, or personal delivery to the person authorized to receive the same, writing the name of the person to whom it is delivered in an appropriate column in the reception book. (3) In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the reception book required by this section; except that proper audit controls of cash receipts shall be maintained in compliance with governmental audit procedures. (4) No clerk and recorder shall be bound to perform any of the duties required to be performed for which a fee is required unless such fee has been paid or tendered. (5) A clerk and recorder who decides to accept electronic filings shall establish procedures for such electronic filings that are consistent with any standards or rules established by the electronic recording technology board pursuant to section 24-21-403, C.R.S. No electronic filings shall be accepted by the clerk and recorder until the clerk and recorder has established and made publically available the procedures for electronic filings. Nothing in this article shall be interpreted to require any clerk and recorder to accept electronic filings. Nothing in this article shall abridge the power of any clerk and recorder to accept or reject electronic filings in accordance with the provisions of section 38-35-202, C.R.S. (6) (a) The deadlines set forth in sections 30-10-407 (4.3) and 30-10-408 (2.5) and subsection (2) of this section shall be extended for a reasonable period of time if an extenuating circumstance prevents the clerk and recorder from meeting such deadlines. (b) As used in this subsection (6), "extenuating circumstance" means a disaster, as defined in section 24-33.5-703 (3), C.R.S., or a technical difficulty related to computer hardware or software that is outside the control of the clerk and recorder. (c) No deadline shall be extended pursuant to this subsection (6), unless the clerk and recorder makes a written finding of extenuating circumstances that is available to the public. Such finding shall include the deadline that has been extended, the reason for the extension, and the period of the extension. (d) In the case of an extension related to a technical difficulty related to computer hardware or software, the period of extension shall not exceed seven days. Source: G.L. § 485. G.S. § 580. R.S. 08: § 1263. C.L. § 8738. CSA: C. 45, § 85. CRS 53: § 35-4-9. C.R.S. 1963: § 35-4-9. L. 81: (3) added, p. 1436, § 3, effective January 1, 1982. L. 96: Entire section amended, p. 1559, § 6, effective July 1. L. 2002: (2) and (3) amended and (5) added, p. 790, § 4, effective August 7. L. 2004: (2) amended and (6) added, p. 377, § 3, effective July 1; (5) amended, p. 1157, § 1, effective July 1. L. 2009: (2) amended, (SB 09-040), ch. 9, p. 62, § 2, effective July 1. L. 2013: (6) (b) amended, (HB13-1300), ch. 316, p. 1694, § 96, effective August 7. L. 2016: (5) amended, (SB 16-115), ch. 356, p. 1481, § 4, effective June 10. 30-10-410. File of plats or maps - index - names. The clerk and recorder shall maintain a file of all subdivision plats presented for recording in accordance with law and all common interest community plats or maps presented for recording in accordance with section 38-33.3Colorado Revised Statutes 2019 Page 81 of 433 Uncertified Printout 201, C.R.S. Subdivision plats shall be indexed in the grantor index under the name of the person that signs and acknowledges the plat as the owner and dedicator and in the grantee index under the name of the plat shown thereon. The clerk and recorder shall also keep an alphabetical index of such subdivision plats by the name of the plat. Common interest community plats or maps shall be indexed in the same manner as the declaration for such community, as provided in section 38-33.3-201, C.R.S. Source: G.L. § 486. G.S. § 581. R.S. 08: § 1264. C.L. § 8739. CSA: C. 45, § 86. CRS 53: § 35-4-10. C.R.S. 1963: § 35-4-10. L. 96: Entire section amended, p. 1559, § 7, effective July 1. 30-10-411. Index of records - grantors - grantees. (Repealed) Source: G.L. § 487. G.S. § 582. R.S. 08: § 1265. C.L. § 8740. CSA: C. 45, § 87. CRS 53: § 35-4-11. C.R.S. 1963: § 35-4-11. L. 96: Entire section repealed, p. 1560, § 8, effective July 1. 30-10-412. Recording of papers in bankruptcy. (Repealed) Source: L. 39: p. 236, § 1. CSA: C. 45, § 87(1). CRS 53: § 35-4-12. C.R.S. 1963: § 354-12. L. 96: Entire section repealed, p. 1560, § 9, effective July 1. 30-10-413. Certified copies prima facie evidence. Copies of all documents recorded or filed in the office of the clerk and recorder and transcripts from the records kept therein, certified by the clerk and recorder under the seal of his or her office, shall be prima facie evidence in all cases. Source: G.L. § 488. G.S. § 583. R.S. 08: § 1266. C.L. § 8741. CSA: C. 45, § 88. CRS 53: § 35-4-13. C.R.S. 1963: § 35-4-13. L. 96: Entire section amended, p. 1560, § 10, effective July 1. 30-10-414. Abstract of deeds - contents. (Repealed) Source: L. 1874: p. 50, § 1. G.L. § 424. G.S. § 584. R.S. 08: § 1267. C.L. § 8742. CSA: C. 45, § 89. L. 51: p. 301, § 1. CRS 53: § 35-4-14. L. 59: p. 345, § 1. C.R.S. 1963: § 35-4-14. L. 83: Entire section repealed, p. 513, § 4, effective May 16. 30-10-415. Tax sales excepted. Nothing in this article shall be construed to require the recording of certificates of sale or redemption of land for taxes. Source: L. 1879: p. 49, §§ 1, 2. G.S. §§ 585, 586. R.S. 08: §§ 1268, 1269. C.L. §§ 8743, 8744. CSA: C. 45, §§ 90, 91. CRS 53: § 35-4-15. C.R.S. 1963: § 35-4-15. L. 73: p. 1156, § 2. L. 96: Entire section amended, p. 1561, § 11, effective July 1. Colorado Revised Statutes 2019 Page 82 of 433 Uncertified Printout 30-10-416. Clerk to administer oaths or affirmations - take affidavit or deposition. The county clerk and recorders of the several counties in the state of Colorado are authorized, within their respective counties, to administer all 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 or to be commenced in any court, or any occasion wherein such affidavit or deposition is authorized or required by law to be taken. Source: G.L. § 425. G.S. § 587. R.S. 08: § 1270. C.L. § 8745. CSA: C. 45, § 92. CRS 53: § 35-4-16. C.R.S. 1963: § 35-4-16. L. 64: p. 382, § 6. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 697, § 23, effective August 8. Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-417. False oaths, perjury. Oaths and affirmations, affidavits, and depositions administered or taken as provided in section 30-10-416 shall subject any person, who falsely swears or affirms to matters material to any issue or point in question, to the penalties provided by law for persons guilty of perjury in the second degree. Source: G.L. § 426. G.S. § 588. R.S. 08: § 1271. C.L. § 8746. CSA: C. 45, § 93. CRS 53: § 35-4-17. C.R.S. 1963: § 35-4-17. L. 72: p. 557, § 11. Cross references: For perjury in the second degree, see § 18-8-503. 30-10-418. Fees of county clerk and recorder for administering oaths. For administering oaths and taking affidavits or depositions, as provided in section 30-10-416, county clerk and recorders shall receive the fee prescribed by section 30-1-103 (2)(a). Source: G.L. § 427. G.S. § 589. R.S. 08: § 1272. C.L. § 8747. CSA: C. 45, § 94. CRS 53: § 35-4-18. C.R.S. 1963: § 35-4-18. L. 83: Entire section amended, p. 1226, § 6, effective July 1. 30-10-419. Writs of attachment recorded. (Repealed) Source: L. 1887: p. 127, § 105. Code 08: § 116. CRS 53: § 35-4-19. C.R.S. 1963: § 354-19. L. 83: Entire section amended, p. 1226, § 7, effective July 1. L. 96: Entire section repealed, p. 1561, § 12, effective July 1. 30-10-420. Maintenance of trade name registration. Every county clerk and recorder shall maintain trade name registration records provided by the department of revenue. Source: L. 83: Entire section added, p. 984, § 4, effective July 1, 1985. 30-10-421. Filing surcharge - definitions. (1) (a) (Deleted by amendment, L. 2014.) Colorado Revised Statutes 2019 Page 83 of 433 Uncertified Printout (b) Beginning July 1, 2004, and through December 31, 2026, the county clerk and recorder shall collect a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute. (c) Beginning January 1, 2017, and through December 31, 2021, the county clerk and recorder shall collect the surcharge imposed by the electronic recording technology board under section 24-21-403 (2), C.R.S., for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute. (1.5) The surcharge described in subsection (1) of this section shall not be collected on any filing received by the county clerk and recorder as an authorized agent of the executive director of the department of revenue pursuant to section 38-29-128 or 42-6-121, C.R.S. (2) Repealed. (3) (a) A county clerk and recorder shall transmit monthly each surcharge collected in accordance with paragraph (c) of subsection (1) of this section to the state treasurer, who shall credit the same to the electronic recording technology fund created in section 24-21-404, C.R.S. Any money transmitted to the state treasurer is collected on behalf of the electronic recording technology board and is excluded from the county's fiscal year spending. (b) The county clerk and recorder shall retain the proceeds of the surcharge collected pursuant to paragraph (b) of subsection (1) of this section. Such proceeds shall be utilized to defray the costs of establishing, maintaining, improving, or replacing an electronic filing system. (c) The county clerk and recorder shall place all surcharges that he or she retains pursuant to this subsection (3) in a separate, segregated account. (4) County governments shall be exempt from all fees authorized to be collected under the provisions of this section if the county or any agency thereof is the grantor or grantee of the document being recorded or if a delegate child support enforcement unit files or records documents for the purpose of collecting child support, child support arrears, maintenance, maintenance when combined with child support, retroactive support, or child support debt. (5) (Deleted by amendment, L. 2004, p. 748, § 1, effective May 12, 2004.) (6) As used in this part 4, unless the context otherwise requires: (a) (Deleted by amendment, L. 2016.) (b) "Electronic filing system" means the document management system used by the clerk and recorder to comply with the statutory requirements set forth in this part 4 for: (I) Electronic documents received for recording or filing in his or her office; and (II) 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. (c) (Deleted by amendment, L. 2016.) Source: L. 2002: Entire section added, p. 791, § 5, effective August 7. L. 2003: (1.5) added, p. 966, § 1, effective April 17. L. 2004: (1), (2), (3), and (5) amended, p. 748, § 1, effective May 12; (1)(b), (2), and (3) amended and (6) added, p. 1157, § 2, effective July 1. L. 2006: (1)(b) and (3)(b)(II) amended, p. 298, § 1, effective August 7. L. 2011: (1)(b) amended, (HB 11-1313), ch. 226, p. 971, § 1, effective August 10. L. 2014: (1) and IP(3)(b) amended and (2) and (3)(a) repealed, (HB 14-1363), ch. 302, p. 1271, § 36, effective May 31. L. 2016: (1)(b), (3)(b), and (6) amended, (1)(c) added, and (3)(a) RC, (SB 16-115), ch. 356, p. 1482, § 5, effective June 10. Colorado Revised Statutes 2019 Page 84 of 433 Uncertified Printout 30-10-422. Clerk and recorder technology fund. (Repealed) Source: L. 2002: Entire section added, p. 792, § 5, effective August 7. L. 2004: (1) and (2) amended and (4) added, p.1159, § 3, effective July 1. L. 2014: Entire section repealed, (HB 14-1363), ch. 302, p. 1271, § 37, effective May 31. 30-10-423. (Repealed) Clerk and recorder technology panel - creation - powers - repeal. Source: L. 2002: Entire section added, p. 792, § 5, effective August 7. L. 2004: (1), (4), (5), (6), (7), and (8) amended, p. 1159, § 4, effective July 1. L. 2006: (2)(a)(III) amended, p. 1736, § 26, effective June 6; (5)(a)(II) amended, p. 298, § 2, effective August 7. Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2008. (See L. 2004, p.1159.) 30-10-424. Uniform administration - secretary of state. (Repealed) Source: L. 2004: Entire section added, p. 1160, § 5, effective July 1. L. 2014: (1)(d) and (1)(f)(III) repealed and (1)(g) amended, (HB 14-1363), ch. 302, p. 1272, § 38, effective May 31. L. 2016: Entire section repealed, (SB 16-115), ch. 356, p. 1483, § 6, effective June 10. PART 5 SHERIFF Cross references: For sheriffs' fees, see § 30-1-104. Law reviews: For article, "County Sheriffs in Colorado: Beyond the Myth", see 38 Colo. Law. 19 (Feb. 2009). 30-10-501. Sheriff - election - bond - insurance. (1) A sheriff shall be elected in each county for the term of four years and, except as provided in subsection (2) of this section, before entering upon the duties of office, shall execute to the people of the state of Colorado a bond, with at least three sufficient sureties, in the sum of not less than five thousand nor more than twenty thousand dollars, which the board of county commissioners, or, if it is not in session, the county clerk and recorder, subject to the approval of such board at its next session thereafter, shall specify and approve. When approved, the bond shall be filed in the office of the county clerk and recorder, and no person shall be received as surety who is not worth at least two thousand dollars over and above the surety's just debts. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the sheriff to protect the people of the county from any malfeasance on the part of the sheriff while in office. Colorado Revised Statutes 2019 Page 85 of 433 Uncertified Printout Source: G.L. § 489. G.S. § 593. R.S. 08: § 1273. C.L. § 8748. CSA: C. 45, § 95. CRS 53: § 35-5-1. L. 56: p. 128, § 2. C.R.S. 1963: § 35-5-1. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 15, effective August 11. Cross references: For the election of county officers, see § 8 of art. XIV, Colo. Const., and § 1-4-206; for bonds executed by surety companies, see § 10-4-301; for the approval of official bonds, see § 24-13-116; for bonds of county officers, see § 30-10-110. 30-10-501.5. Qualifications. (1) No person is eligible for nomination, election, or appointment to the office of sheriff unless the person: (a) Is a citizen of the United States, is a citizen of the state of Colorado, and is a resident of the county to which the person is to be appointed or elected; (b) Possesses a high school diploma or its equivalent or a college degree; (c) Has had a complete set of fingerprints taken by a qualified law enforcement agency and has submitted a receipt evidencing the fingerprinting at the time of filing his or her written acceptance pursuant to section 1-4-601 (3), 1-4-906, or part 10 of article 4 of title 1, or at the time of filing an affidavit of intent pursuant to section 1-4-1101, as applicable. The law enforcement agency shall forward the fingerprints to the Colorado bureau of investigation. The bureau shall utilize the fingerprints, its files and records, and those of the federal bureau of investigation for the purpose of determining whether the person has ever been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state laws. The Colorado bureau of investigation shall notify the county clerk and recorder of the county for which the person is a candidate of the results of the fingerprint analysis. If a conviction or plea is disclosed, the person is unqualified for the office of sheriff, unless pardoned. The results of the fingerprint analysis are confidential; except that the county clerk and recorder may divulge whether the person is qualified or unqualified for the office of sheriff. Source: L. 90: Entire section added, p. 1444, § 1, effective April 5; (1)(c) and IP(2) amended, p. 303, § 4, effective June 8. L. 95: (1)(c) amended, p. 1106, § 46, effective May 31. L. 97: Entire section R&RE, p. 925, § 1, effective May 21. L. 2017: IP(1) and (1)(c) amended, (SB 17-209), ch. 234, p. 963, § 11, effective August 9. 30-10-501.6. Training. (1) Every person elected or appointed to the office of sheriff for the first time shall: (a) Attend a minimum of eighty clock hours at a new sheriff training course developed and facilitated either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, the first time such training course is given after the person's election or appointment. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such new sheriff training course. (b) Obtain basic peace officer certification within one year of taking office. An extension may be granted by the Colorado peace officers standards and training board of up to one year to obtain such certification upon just cause shown. The Colorado peace officers standards and training board shall issue written findings of fact supporting such an extension. Colorado Revised Statutes 2019 Page 86 of 433 Uncertified Printout (2) Every sheriff must possess basic peace officer certification and shall undergo at least the number of clock hours of in-service training required for all certified peace officers by the Colorado peace officers standards and training board, but in no case less than twenty hours. Such training shall be provided either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, every year during such sheriff's term. The Colorado peace officers standards and training board shall have discretion to waive in-service training upon presentation of evidence by the sheriff demonstrating just cause for noncompletion of such training. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such in-service training. (3) The county shall only pay all reasonable costs and expenses of new sheriff and inservice training. Source: L. 97: Entire section added, p. 926, § 2, effective May 21. L. 2017: (2) amended, (HB 17-1050), ch. 30, p. 86, § 1, effective August 9. 30-10-501.7. Enforcement. (1) In the event a sheriff fails to comply with the requirements set forth in section 30-10-501.6, such sheriff's pay must be suspended by the board of county commissioners in accordance with subsection (2) of this section. Such sheriff's pay shall be reinstated with back pay by the board of county commissioners upon completion of said requirements in accordance with subsection (2) of this section. (2) In any circumstances set forth in subsection (1) of this section, the Colorado peace officers standards and training board shall notify the board of county commissioners of the sheriff's failure to comply with the requirements of said subsection (1) and that state law requires the county commissioners to immediately suspend such sheriff's pay until the requirements of section 30-10-501.6 have been complied with. After the sheriff's compliance with the provisions of section 30-10-501.6, the Colorado peace officers standards and training board shall immediately notify the board of county commissioners of the sheriff's compliance and that state law requires the board of county commissioners to reinstate such sheriff's pay and provide him or her any back pay. Source: L. 97: Entire section added, p. 926, § 2, effective May 21. 30-10-502. Form of bond. If a sheriff executes a bond pursuant to section 30-10-501 (1), the condition of the bond shall be in substance as follows: "Whereas, the above bounden .......... was elected to the office of sheriff of the county of .........., on the .......... day of ..........; Now, the condition of this obligation is such that if the said ................ shall well and faithfully perform and execute the duties of the office of sheriff of said county of .......... while in office by virtue of said election without fraud, deceit, or oppression, shall pay over all moneys that may come into the hands of the sheriff, and shall deliver to the sheriff's successor in office all writs, papers, and other things pertaining to the office that may be so required by law, then the above obligations shall be void, otherwise to be and remain in full force and effect." Colorado Revised Statutes 2019 Page 87 of 433 Uncertified Printout Source: G.L. § 490. G.S. § 594. R.S. 08: § 1274. C.L. § 8749. CSA: C. 45, § 96. CRS 53: § 35-5-2. C.R.S. 1963: § 35-5-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 16, effective August 11. 30-10-503. Sheriff assumes duties - when. When the term of office of any sheriff expires and the sheriff-elect qualifies according to law, the county clerk and recorder shall issue a notice setting forth that said sheriff-elect has qualified according to law, which notice shall be served by the new sheriff on the former sheriff, whereupon such former sheriff shall immediately transfer and deliver to the new sheriff all the writs, processes, books, and papers belonging to the office, except as otherwise excepted in this part 5, and also the possession of the courthouse and jail of the county, and shall take from the new sheriff a receipt specifying the papers so delivered over and the prisoners in custody, if any, which receipt shall be sufficient indemnity to the person taking the same. Source: G.L. § 498. G.S. § 602. R.S. 08: § 1285. C.L. § 8760. CSA: C. 45, § 107. CRS 53: § 35-5-3. C.R.S. 1963: § 35-5-3. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 17, effective August 11. 30-10-504. Undersheriff - duties - vacancy. The sheriff of each county, as soon as may be after entering upon the duties of his office, shall appoint some proper person undersheriff of said county, who shall also be a general deputy, to serve during the pleasure of the sheriff. As often as a vacancy occurs in the office of such undersheriff, or he becomes incapable of executing the same, another shall in like manner be appointed in his place. Source: G.L. § 491. G.S. § 595. R.S. 08: § 1275. C.L. § 8750. CSA: C. 45, § 97. CRS 53: § 35-5-9. C.R.S. 1963: § 35-5-9. Cross references: For substitute officers having the same powers and compensation, see § 30-10-106. 30-10-505. Vacancy in office - powers of undersheriff. When a vacancy occurs in the office of sheriff of any county, the undersheriff of such county shall in all things execute the office of sheriff until a sheriff is appointed or elected and qualified. Any default or misfeasance in office of such undersheriff in the meantime, as well as before such vacancy, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed the undersheriff or the insurance policy purchased by the county on the sheriff's behalf. Source: G.L. § 492. G.S. § 596. R.S. 08: § 1276. C.L. § 8751. CSA: C. 45, § 98. CRS 53: § 35-5-4. C.R.S. 1963: § 35-5-4. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 18, effective August 11. Cross references: For powers, duties, and compensation of person acting as sheriff when the office is vacant, see §§ 30-10-106, 30-10-518, and 30-10-604. Colorado Revised Statutes 2019 Page 88 of 433 Uncertified Printout 30-10-506. Deputies. Each sheriff may appoint as many deputies as the sheriff may think proper and may revoke such appointments at will; except that a sheriff shall adopt personnel policies, including policies for the review of revocation of appointments. Before revoking an appointment of a deputy, the sheriff shall notify the deputy of the reason for the proposed revocation and shall give the deputy an opportunity to be heard by the sheriff. Persons may also be deputized by the sheriff or undersheriff in writing to do particular acts. Source: G.L. § 493. G.S. § 597. R.S. 08: § 1277. C.L. § 8752. CSA: C. 45, § 99. CRS 53: § 35-5-5. C.R.S. 1963: § 35-5-5. L. 2006: Entire section amended, p. 133, § 1, effective August 7. 30-10-507. Liability of sheriff for deputy. (Repealed) Source: G.L. § 501. G.S. § 605. R.S. 08: § 1288. C.L. § 8763. CSA: C. 45, § 110. CRS 53: § 35-5-6. C.R.S. 1963: § 35-5-6. L. 2006: Entire section repealed, p. 133, § 2, effective August 7. 30-10-508. Executor of sheriff liable. (Repealed) Source: G.L. § 502. G.S. § 606. R.S. 08: § 1289. C.L. § 8764. CSA: C. 45, § 111. CRS 53: § 35-5-7. C.R.S. 1963: § 35-5-7. L. 2006: Entire section repealed, p. 134, § 3, effective August 7. 30-10-509. Liability of sheriff for neglect. When any sheriff neglects to make due return of any writ of process delivered to the sheriff to be executed, or is guilty of any default or misconduct in relation thereto, the sheriff is liable to fine or attachment or both, at the discretion of the court, subject to appeal. The fine, however, shall not exceed two hundred dollars. Source: G.L. § 505. G.S. § 609. R.S. 08: § 1292. C.L. § 8767. CSA: C. 45, § 114. CRS 53: § 35-5-8. C.R.S. 1963: § 35-5-8. L. 2006: Entire section amended, p. 134, § 4, effective August 7. 30-10-510. Appointment and revocation. (Repealed) Source: G.L. § 494. G.S. § 598. R.S. 08: § 1278. C.L. § 8753. CSA: C. 45, § 100. CRS 53: § 35-5-10. C.R.S. 1963: § 35-5-10. L. 2006: Entire section repealed, p. 134, § 5, effective August 7. 30-10-511. Sheriff custodian of jail. Except as provided in section 16-11-308.5, C.R.S., the sheriff shall have charge and custody of the jails of the county, and of the prisoners in the jails, and shall supervise them himself or herself or through a deputy or jailer. Source: G.L. § 495. G.S. § 599. R.S. 08: § 1279. C.L. § 8754. CSA: C. 45, § 101. CRS 53: § 35-5-11. C.R.S. 1963: § 35-5-11. L. 88: Entire section amended, p. 677, § 4, effective July Colorado Revised Statutes 2019 Page 89 of 433 Uncertified Printout 1; entire section amended, p. 711, § 11, effective July 1. L. 2006: Entire section amended, p. 134, § 6, effective August 7. 30-10-512. Sheriff to act as fire warden. Subject to the provisions of the community wildfire protection plan prepared by the county in accordance with section 30-15-401.7, the sheriff of every county, in addition to other duties, shall act as fire warden of his or her respective county and is responsible for the coordination of fire suppression efforts in case of prairie, forest, or wildland fires or wildfires occurring in the unincorporated area of the county outside the boundaries of a fire protection district or that exceed the capabilities of the fire protection district to control or extinguish. Source: L. 03: p. 176, § 1. R.S. 08: § 1280. C.L. § 8755. CSA: C. 45, § 102. CRS 53: § 35-5-12. C.R.S. 1963: § 35-5-12. L. 2009: Entire section amended, (SB 09-020), ch. 189, p. 829, § 4, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, § 4, effective August 5. Editor's note: Amendments to this section by Senate Bill 09-001 and Senate Bill 09-020 were harmonized. Cross references: For duty of sheriff to report fires, see § 23-31-204. 30-10-513. Duties of sheriff - coordination of fire suppression efforts for forest, prairie, or wildland fire - expenses. (1) (a) Subject to the provisions of the community wildfire protection plan prepared by the county in accordance with section 30-15-401.7, it is the duty of the sheriff to assume the responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire or wildfire occurring in the unincorporated area of the county outside the boundaries of a fire protection district or that exceed the capabilities of the fire protection district to control or extinguish. (b) In the case of a prairie, forest, or wildland fire occurring within the boundaries of one or more fire protection districts that does not exceed the capabilities of the fire protection district to control or extinguish, the sheriff may assist the chief of the fire protection district in controlling or extinguishing such fire, and, in connection with such assistance, the sheriff may solicit such additional assistance from such persons as the sheriff and the fire chief deem necessary. The sheriff may assume command of such incidents with the concurrence of the fire chief. (c) In the case of a prairie, forest, or wildland fire that exceeds the capabilities of the fire protection district to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint a local incident management team to provide the command and control infrastructure required to manage the fire. The sheriff shall assume financial responsibility for fire fighting efforts on behalf of the county and the authority for the ordering and monitoring of resources. (d) When a wildfire exceeds the capability of the county to control or extinguish, the sheriff shall be responsible for seeking the assistance of the state by requesting assistance from the division of fire prevention and control in the department of public safety. The sheriff and the director of the division of fire prevention and control shall enter into an agreement concerning Colorado Revised Statutes 2019 Page 90 of 433 Uncertified Printout the transfer of authority and responsibility for fire suppression and the retention of responsibilities under a unified command structure. (2) The director of the division of fire prevention and control may assume any duty or responsibility given to the sheriff under this section with the concurrence of the sheriff. (3) The board of county commissioners of any county may allow the sheriff, undersheriffs, deputies, municipal or county fire departments, fire protection districts, fire authorities, and such other persons as may be called upon to assist in controlling or extinguishing a prairie, forest, or wildland fire such compensation and reimbursement for other expenses necessarily incurred as the board deems just. (4) The board of county commissioners of any county in the state may make such appropriation as it may deem proper for the purpose of controlling fires in its county. The board of county commissioners is authorized to levy a special tax subject to approval of the voters upon every dollar of valuation of assessment of the taxable property within the county for the purpose of creating a fund that shall be appropriated, after consultation with representatives of fire departments, fire protection districts, and fire authorities in the county, to prevent, control, or extinguish such fires anywhere in the county and to fix the rate of levy. Source: L. 03: p. 176, § 2. R.S. 08: § 1281. C.L. § 8756. CSA: C. 45, § 103. L. 45: p. 299, § 1. CRS 53: § 35-5-13. C.R.S. 1963: § 35-5-13. L. 65: p. 925, § 4. L. 96: Entire section amended, p. 673, § 1, effective May 2. L. 2000: Entire section amended, p. 1303, § 6, effective May 26. L. 2009: Entire section amended, (SB 09-105), ch. 190, p. 831, § 1, effective April 30; entire section R&RE, (SB 09-020), ch. 189, p. 829, § 5, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, § 5, effective August 5. L. 2010: (1)(b) amended, (HB 101422), ch. 419, p. 2119, § 163, effective August 11. L. 2013: (1) (d) and (2) amended, (HB 131300), ch. 316, p. 1694, § 97, effective August 7. Editor's note: (1) Amendments to this section by Senate Bill 09-001 and Senate Bill 09020 were harmonized. (2) This section was amended in Senate Bill 09-105. Those amendments were superseded by the repeal and reenactment of this section in Senate Bill 09-020. However, the intent of Senate Bill 09-105 was realized by the adoption the House Local Government committee of reference report to Senate Bill 09-020. (See the House Journal for March 18, 2009, page 770.) Cross references: For the legislative declaration contained in the 2000 act amending this section, see section 6 of chapter 272, Session Laws of Colorado 2000. 30-10-513.5. Authority of sheriff relating to fires within unincorporated areas of county - liability for expenses. (1) (a) The sheriff of any county may request assistance from a fire protection district or municipality in controlling or extinguishing a fire occurring on private property if, in the judgment of such sheriff, the fire constitutes a danger to the health and safety of the public or a risk of serious damage to property. Except as provided in subsection (3) of this section, any fire protection district or municipality assisting in controlling or extinguishing such fire is entitled to reimbursement from the property owner on whose property the fire occurred or from the party responsible for the occurrence of such fire for the reasonable and documented Colorado Revised Statutes 2019 Page 91 of 433 Uncertified Printout costs resulting from such assistance. The fire protection district or municipality may recover the costs incurred in a civil action against the property owner or the responsible party or may, by resolution of its board or governing body adopted at a public hearing after notice to the affected parties, certify to the county treasurer the amount of any costs incurred that remains uncollected after diligent effort for a period greater than one hundred eighty days. Such certification is subject to the appeal process and all other remedies, if any, provided in the "State Administrative Procedure Act", article 4 of title 24, C.R.S. If the fire protection district or municipality prevails, the amount certified shall be collected by the treasurer in the same manner as taxes are authorized to be collected pursuant to section 39-10-107, C.R.S. To defray the costs of collection, the treasurer shall be authorized to charge an amount equal to ten percent of the amount collected. (b) For purposes of this subsection (1), "fire occurring on private property" means: (I) A fire occurring on property not located within a fire protection district or municipality providing fire protection services. (II) (Deleted by amendment, L. 93, p. 1253, § 1, effective July 1, 1993.) (2) (a) An owner of private property who has contracted with a fire protection district for fire protection services shall advise the sheriff of such contract and any fire protection districts with which such district has mutual aid agreements. In the event that a fire occurs on such property, the sheriff shall make a reasonable attempt to secure the services from such district. If the district does not respond, he shall make a reasonable attempt to secure such services from any of the districts with which such district has mutual aid agreements. If services cannot be secured, the sheriff, in his discretion, may attempt to secure fire protection services from any other district or municipality, and, if services are provided, the owner of the property or the party responsible for the fire shall be liable for the costs incurred by such district or municipality. Such costs may be assessed and collected in the manner provided in subsection (1) of this section. (b) No sheriff shall be held liable for failure to secure fire protection services as required by paragraph (a) of this subsection (2) unless the failure was due to willful misconduct, gross negligence, or bad faith. (3) Any property owner who desires to conduct a controlled burn of a structure or building located on such property shall notify the county sheriff of the date when such controlled burn will be conducted. Any property owner providing such notification shall not be liable for any costs under this section resulting from the response by a fire protection district or municipality to such controlled burn due to any person informing or warning such district or municipality of the fire arising from such burn. Source: L. 89: Entire section added, p. 1279, § 1, effective April 26. L. 93: (1) amended and (3) added, p. 1253, § 1, effective July 1. L. 2000: (1)(a) amended, p. 1304, § 7, effective May 26. Cross references: For the legislative declaration contained in the 2000 act amending subsection (1)(a), see section 7 of chapter 272, Session Laws of Colorado 2000. 30-10-514. Sheriff to transport prisoners. It is the duty of any sheriff transporting prisoners to a correctional facility, as defined in section 17-1-102, C.R.S., or other place of confinement to convey to such facility or other place of confinement at one time all prisoners Colorado Revised Statutes 2019 Page 92 of 433 Uncertified Printout who may have been convicted and sentenced and who are ready for such transportation. If any sheriff fails or neglects to carry out the provisions of this section, the boards of county commissioners may disallow any such sheriff's bill for such extra trips as in their discretion are unnecessary. This section shall not apply to the transportation of the insane. Source: L. 1897: p. 256, § 1. R.S. 08: § 1282. C.L. § 8757. CSA: C. 45, § 104. CRS 53: § 35-5-14. C.R.S. 1963: § 35-5-14. L. 79: Entire section amended, p. 704, § 83, effective July 1. Cross references: For necessary expenses of and mileage allowance to sheriffs for transporting prisoners, see § 30-1-104 (1)(w). 30-10-515. Sheriff to execute writs - attend court. The sheriff, in person or by his undersheriff or deputy, shall serve and execute, according to law, all processes, writs, precepts, and orders issued or made by lawful authority and to him directed, and shall serve the several courts of record held in his county. Source: G.L. § 496. G.S. § 600. R.S. 08: § 1283. C.L. § 8758. CSA: C. 45, § 105. CRS 53: § 35-5-15. C.R.S. 1963: § 35-5-15. Cross references: For sheriff's duty to serve on tender of fee, see § 30-1-106. 30-10-516. Sheriffs to preserve peace - command aid. It is the duty of the sheriffs, undersheriffs, and deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots, and unlawful assemblies and insurrections. For that purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner, may call to their aid such person of their county as they may deem necessary. Source: G.L. § 497. G.S. § 601. R.S. 08: § 1284. C.L. § 8759. CSA: C. 45, § 106. CRS 53: § 35-5-16. C.R.S. 1963: § 35-5-16. L. 64: p. 383, § 7. Cross references: For authority of a peace officer to command aid, see §§ 16-3-202 and 18-8-107. 30-10-517. Outgoing sheriff may proceed with writs. Every sheriff going out of office at the expiration of the sheriff's term and having any order of fieri facias or fee bill that the sheriff has levied but not collected shall collect such execution or fee bill in the same manner as if the sheriff's term of office had not expired. Source: G.L. § 499. G.S. § 603. R.S. 08: § 1286. C.L. § 8761. CSA: C. 45, § 108. CRS 53: § 35-5-17. C.R.S. 1963: § 35-5-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 19, effective August 11. Colorado Revised Statutes 2019 Page 93 of 433 Uncertified Printout 30-10-518. Coroner when acting as sheriff. The provisions of sections 30-10-503 and 30-10-517 shall apply to all coroners when by virtue of the laws of the state they are required to perform the duties of sheriff. Source: G.L. § 500. G.S. § 604. R.S. 08: § 1287. C.L. § 8762. CSA: C. 45, § 109. CRS 53: § 35-5-18. C.R.S. 1963: § 35-5-18. 30-10-519. Service on sheriff, made how. Every paper required by law to be served on the sheriff may be served on him in person or left at his office during business hours. Source: G.L. § 503. G.S. § 607. R.S. 08: § 1290. C.L. § 8765. CSA: C. 45, § 112. CRS 53: § 35-5-19. C.R.S. 1963: § 35-5-19. 30-10-520. Sheriff not to act as attorney. No sheriff, undersheriff, or deputy shall appear or advise as attorney or counselor in any case in any court. Source: G.L. § 504. G.S. § 608. R.S. 08: § 1291. C.L. § 8766. CSA: C. 45, § 113. CRS 53: § 35-5-20. C.R.S. 1963: § 35-5-20. 30-10-521. Illegal fees - penalty. No sheriff shall directly or indirectly ask, demand, or receive for any service to be performed by him in the discharge of any of his official duties any greater fees than are allowed by law, on penalty of forfeiture of treble damages to the party aggrieved, and being fined in a sum not less than twenty-five dollars and not more than two hundred dollars. Source: G.L. § 506. G.S. § 610. R.S. 08: § 1293. C.L. § 8768. CSA: C. 45, § 115. CRS 53: § 35-5-21. C.R.S. 1963: § 35-5-21. 30-10-522. Actions against sheriff - sureties liable - when. Except in the case of a sheriff covered by insurance purchased pursuant to section 30-10-501 (2), in an action brought against a sheriff for an action done by virtue of the sheriff's office, if the sheriff gives notice thereof to the sureties on any bond of indemnity given by the sheriff, the judgment recovered therein shall be sufficient evidence of the sheriff's right to recover against such sureties, and the court, on motion, upon notice of five days, may order judgment to be entered against them for the amount so recovered, including costs. Source: L. 1887: p. 214, § 419. Code 08: § 454. Code 21: § 456. Code 35: § 456. CRS 53: § 35-5-22. C.R.S. 1963: § 35-5-22. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 20, effective August 11. 30-10-523. Sheriff - permits for concealed handguns. The sheriff of each county and the official who has the duties of a sheriff in each city and county shall issue written permits to carry concealed handguns as provided in part 2 of article 12 of title 18, C.R.S. Colorado Revised Statutes 2019 Page 94 of 433 Uncertified Printout Source: L. 81: Entire section added, p. 1437, § 1, effective June 8. L. 2003: Entire section amended, p. 650, § 8, effective May 17. 30-10-524. Sheriff to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Peace officer" means a certified peace officer described in section 16-2.5-102, C.R.S. (b) "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d). (2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a sheriff's office has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the sheriff's office, and the sheriff's office discontinues said policy after August 7, 2013, the sheriff's office shall continue to provide such photographic identification to peace officers who have retired from the sheriff's office if: (a) The peace officer requests the identification; (b) The peace officer retired from the sheriff's office before the date upon which the sheriff's office discontinued the policy; and (c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c). (3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification. (4) The sheriff's office may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the sheriff's office in issuing the photographic identification. (5) Notwithstanding any provision of this section to the contrary, a sheriff's office shall not be required to issue a photographic identification to a particular peace officer if the sheriff elects not to do so. (6) If a sheriff's office denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the sheriff's office shall provide the retired peace officer a written statement setting forth the reason for the denial. Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 258, § 3, effective August 7. 30-10-525. Disclosure of knowing misrepresentation by a peace officer required disclosure waivers - reports - definitions. (1) Subject to the limitations of this section, a sheriff's office that employs, employed, or deputized on or after January 1, 2010, a peace officer who applies for employment with another Colorado law enforcement agency shall disclose to the hiring agency information, if available, indicating whether the peace officer's employment Colorado Revised Statutes 2019 Page 95 of 433 Uncertified Printout history included any instances in which the peace officer had a sustained violation for making a knowing misrepresentation: (a) In any testimony or affidavit relating to the arrest or prosecution of a person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or (b) During the course of any internal investigation by a law enforcement agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the peace officer's employing agency is a party. (2) The disclosure described in subsection (1) of this section is required only upon the presentation of a written waiver to a sheriff's office, which waiver explicitly authorizes the sheriff's office to disclose the information described in said subsection (1), has been signed by the applicant peace officer, and identifies the Colorado law enforcement agency that is considering the applicant peace officer for employment. A sheriff's office that receives such a waiver shall provide the disclosure to the Colorado law enforcement agency that is considering the applicant peace officer for employment not more than seven days after such receipt. (3) A sheriff's office is not required to provide the disclosure described in subsection (1) of this section if the sheriff's office is prohibited from providing such disclosure pursuant to a binding nondisclosure agreement to which the sheriff's office is a party, which agreement was executed before August 5, 2015. (4) (a) A sheriff's office shall notify the local district attorney whenever the sheriff's office determines there is a sustained finding that any peace officer of the sheriff's office has made a knowing misrepresentation: (I) In any testimony or affidavit relating to the arrest or prosecution of a person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or (II) During the course of any internal investigation by a law enforcement agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the peace officer's employing agency is a party. (b) A sheriff's office shall provide the notice described in paragraph (a) of this subsection (4) not more than seven days after the sheriff's office determines there is a sustained finding that a peace officer of the sheriff's office has made a knowing misrepresentation, as described in said paragraph (a). (5) A sheriff's office is not liable for complying with the provisions of this section. (6) As used in this section, unless the context requires otherwise, "state or local law enforcement agency" means: (a) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.; (b) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.; (c) A county sheriff's office; (d) A municipal police department; Colorado Revised Statutes 2019 Page 96 of 433 Uncertified Printout (e) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or (f) A town marshal's office. Source: L. 2015: Entire section added, (SB 15-218), ch. 209, p. 761, § 3, effective August 5. Cross references: For the legislative declaration in SB 15-218, see section 1 of chapter 209, Session Laws of Colorado 2015. 30-10-526. Sheriff office hiring - required use of waiver - definitions. (1) A sheriff's office shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the interviewing sheriff's agency and releases the interviewing sheriff's office and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the sheriff's office to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the sheriff's office. The sheriff's office interviewing the candidate shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the sheriff's office that is interviewing the candidate not more than twenty-one days after such receipt. (2) A state or local law enforcement agency is not required to provide the disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016. (3) A state or local law enforcement agency or governmental agency is not liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate. (4) As used in this section, unless the context otherwise requires: (a) "Files" means all performance reviews, any other files related to job performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information. (b) "State or local law enforcement agency" means: (I) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.; (II) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.; (III) A county sheriff's office; (IV) A municipal police department; Colorado Revised Statutes 2019 Page 97 of 433 Uncertified Printout (V) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or (VI) A town marshal's office. Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1383, § 3, effective June 10. 30-10-527. Mental health professionals - grant applications encouraged - definition - repeal. (1) Each sheriff is encouraged to adopt a policy whereby mental health professionals, to the extent practicable, provide: (a) On-scene response services to support deputy sheriffs' handling of persons with mental health disorders; and (b) Counseling services to deputy sheriffs. (2) In implementing a policy as described in subsection (1) of this section, a sheriff shall not require a mental health professional to counsel both a person with a mental health disorder and a deputy sheriff if, in the judgment of the mental health professional, doing so would constitute a conflict of interest or a breach of a professional code of ethics. (3) For the purposes of this section, each sheriff's office is encouraged to apply annually for a grant from the peace officers mental health support grant program created in section 24-323501. (4) As used in this section, "mental health professional" means a mental health professional licensed to practice medicine pursuant to article 240 of title 12 or a person licensed as a mental health professional pursuant to article 245 of title 12. (5) This section is repealed, effective September 1, 2027. Source: L. 2017: Entire section added, (HB 17-1215), ch. 150, p. 506, § 1, effective August 9. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1718, § 211, effective October 1. PART 6 CORONER Cross references: For fees and compensation of coroners, see § 30-2-108. 30-10-601. Coroner - election - bond - insurance - authority. (1) (a) Repealed. (b) A coroner shall be elected in each county for the term of four years, who, except as provided in subsection (1.5) of this section, before entering upon the duties of office, shall give bond to the people of the state of Colorado of not less than twenty-five thousand dollars, with sufficient sureties, to be approved by the board of county commissioners or, if the board is not in session, by the county clerk and recorder, subject to the approval of such board, the condition of which bond shall be in substance the same as that given by the sheriff. Such bond shall be filed with the county clerk and recorder of the proper county. (1.5) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than twenty-five thousand dollars on Colorado Revised Statutes 2019 Page 98 of 433 Uncertified Printout behalf of the coroner to protect the people of the county from any malfeasance on the part of the coroner while in office. (2) The coroner may declare an individual dead if the coroner finds the individual has sustained irreversible cessation of circulatory and respiratory function. Source: G.L. § 507. G.S. § 611. R.S. 08: § 1294. C.L. § 8769. CSA: C. 45, § 116. CRS 53: § 35-6-1. L. 56: p. 129, § 3. C.R.S. 1963: § 35-6-1. L. 81: Entire section amended, p. 1439, § 1, effective June 4. L. 89: (1) amended, p. 1275, § 2, effective April 18. L. 2003: (1)(a) repealed, p. 1834, § 4, effective August 6; (1)(a)(II) added by revision, pp. 1834, 1835, §§ 4, 5. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 21, effective August 11. Cross references: For the definition of death, see § 12-36-136. 30-10-601.5. Qualifications - fingerprints. (1) A person is eligible to hold the office of coroner if the person: (a) Is a citizen of the United States and a resident of the state of Colorado and of the county in which the person will hold the office of coroner; (b) Has earned a high school diploma or its equivalent or a college degree; and (c) Has given a set of fingerprints in accordance with subsection (2) of this section. (2) (a) A person who is nominated by a political party or for whom a nominating petition is filed for the office of coroner shall have a complete set of fingerprints taken by a qualified law enforcement agency and submit proof of such fingerprinting when filing a written acceptance pursuant to section 1-4-601 (3), 1-4-906, or part 10 of article 4 of title 1. (b) A person wishing to be a write-in candidate for the office of coroner shall have a complete set of fingerprints taken by a qualified law enforcement agency and submit proof of such fingerprinting when filing an affidavit of intent pursuant to section 1-4-1101, C.R.S. (c) A board of county commissioners shall not appoint a person to fill a vacancy in the office of coroner unless the person has had a complete set of fingerprints taken by a qualified law enforcement agency and has submitted proof of such fingerprinting to the board. (3) (a) A law enforcement agency that takes fingerprints in accordance with subsection (2) of this section shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The Colorado bureau of investigation shall report the results of the criminal history record check to the county clerk and recorder of the county in which the person has been nominated for or is to be appointed to the office of coroner. (b) A person who has been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state law is unqualified for the office of coroner unless pardoned. The results of the criminal history record check performed in accordance with this subsection (3) shall be confidential; except that the county clerk and recorder may disclose whether a person is qualified or unqualified for the office of coroner. Source: L. 2003: Entire section added, p. 1831, § 3, effective August 6. L. 2017: (2)(a) amended, (SB 17-209), ch. 234, p. 964, § 12, effective August 9. Colorado Revised Statutes 2019 Page 99 of 433 Uncertified Printout 30-10-601.6. Coroners standards and training board. (1) There is hereby created in the department of public health and environment the Colorado coroners standards and training board, referred to in this part 6 as the "C.C.S.T. board". (2) The C.C.S.T. board shall exercise its powers and perform its duties and functions under the department of public health and environment as if transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (3) (a) The C.C.S.T. board shall consist of eight members. The chairperson and the vicechairperson of the C.C.S.T. board shall be elected annually by the members of the C.C.S.T. board with the requirement that the chairperson be either a coroner or a forensic pathologist. (b) The members of the C.C.S.T. board shall be: (I) A coroner of a county with a population of fifty thousand or more; (II) A coroner of a county with a population of less than fifty thousand but more than fifteen thousand; (III) A coroner of a county with a population of fifteen thousand or less; (IV) A county commissioner of a county with a population of fifty thousand or more; (V) A county commissioner of a county with a population of less than fifty thousand; (VI) A pathologist who is actively engaged in performing postmortem examinations for a county in this state and who is a member of the Colorado medical society; (VII) A chief of police from a municipality in this state or a county sheriff; and (VIII) A district attorney from a judicial district in this state. (c) The governor shall appoint each member of the C.C.S.T. board for a term of three years; except that, of the members initially appointed, three members shall be appointed for a term of three years, three members shall be appointed for a term of two years, and two members shall be appointed for a term of one year. (d) If a county coroner, county commissioner, county sheriff, chief of police, or district attorney leaves that office, that person's term on the C.C.S.T. board shall expire. The governor shall appoint a suitable person to fill the vacancy on the C.C.S.T. board for the unexpired term. (4) The members of the C.C.S.T. board shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (5) (a) On and after August 6, 2003, the executive director of the department of public health and environment may accept and expend gifts, grants, and donations to cover the costs incurred in the establishment and operation of the C.C.S.T. board. Such gifts, grants, and donations received shall be transmitted to the state treasurer, who shall credit the moneys to the coroner training fund created in section 30-10-601.8 (5). Any unencumbered state moneys remaining in the fund upon the repeal of this section shall be transferred to the general fund. (b) (Deleted by amendment, L. 2011, (HB 11-1303), ch. 264, p. 1173, § 85, effective August 10, 2011.) (6) The department of public health and environment staff shall perform the administrative duties related to the operation of the C.C.S.T. board. (7) The attorney general shall be the legal advisor to the C.C.S.T. board. A deputy or assistant attorney general chosen by the attorney general or the attorney general's designee shall attend each meeting of the C.C.S.T. board to provide legal counsel to the C.C.S.T. board as requested by the board. Colorado Revised Statutes 2019 Page 100 of 433 Uncertified Printout Source: L. 2003: Entire section added, p. 1831, § 3, effective August 6. L. 2011: (5) amended, (HB 11-1303), ch. 264, p. 1173, § 85, effective August 10. L. 2014: (3)(a), (5)(a), and (6) amended and (7) added, (HB 14-1380), ch. 376, p. 1793, § 1, effective July 1. 30-10-601.7. Duties of the Colorado coroners standards and training board. (1) In addition to its other duties set forth in this part 6, the C.C.S.T. board shall: (a) Develop a curriculum for a forty-hour training course for new coroners and approve the qualifications of the instructors who teach the course; (b) Approve training providers to certify coroners in basic medical-legal death investigation pursuant to section 30-10-601.8 (2); and (c) Approve training providers and programs used to fulfill the annual twenty-hour inservice training requirement specified in section 30-10-601.8 (3). Source: L. 2003: Entire section added, p. 1833, § 3, effective August 6. L. 2014: (1)(c) amended, (HB 14-1380), ch. 376, p. 1794, § 2, effective July 1. 30-10-601.8. Training - fees - coroner training fund. (1) A person who is elected or appointed to the office of coroner for the first time shall attend, at the first opportunity after the election or appointment, a training course for new coroners of at least forty hours using the curriculum developed by the C.C.S.T. board. The course shall be prepared and presented by qualified instructors from the Colorado coroners association or another training provider approved by the C.C.S.T. board. At the request of a new coroner, the C.C.S.T. board may decide that a combination of education, experience, and training satisfies the requirement to complete the training course for new coroners. (2) A person who is elected or appointed to the office of coroner for the first time shall, within one year of taking office, obtain certification in basic medical-legal death investigation from the Colorado coroners association or another training provider approved by the C.C.S.T. board. The C.C.S.T. board may grant an extension of up to one year to obtain such certification for just cause. The C.C.S.T. board shall issue written findings of fact supporting the extension. (3) Each coroner shall complete a minimum of twenty hours of in-service training provided by the Colorado coroners association or by another training provider approved by the C.C.S.T. board during each year of the coroner's term. At the request of a coroner, the C.C.S.T. board may decide that a combination of education, experience, and training satisfies the requirement to complete twenty hours of in-service training annually. (4) The county shall pay the costs of new coroner and in-service training. The fees charged by the C.C.S.T. board for training programs may include costs incurred in the establishment and operation of the C.C.S.T. board. (5) The C.C.S.T. board shall by rule establish fees for training programs. All fees collected shall be transmitted to the state treasurer, who shall credit the same to the coroner training fund, which fund is hereby created. The moneys in the fund are hereby continuously appropriated to the C.C.S.T. board for the purposes of this part 6. In accordance with section 2436-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. (6) Each county coroner or his or her designee shall create a policy for the training of deputy coroners and make the policy available for public inspection. Colorado Revised Statutes 2019 Page 101 of 433 Uncertified Printout Source: L. 2003: Entire section added, p. 1833, § 3, effective August 6. L. 2014: (3) amended and (6) added, (HB 14-1380), ch. 376, p. 1794, § 3, effective July 1. 30-10-601.9. Enforcement. (1) If a coroner fails to comply with the requirements of section 30-10-601.8, the C.C.S.T. board shall notify the board of county commissioners that the coroner is not in compliance with the training requirements of section 30-10-601.8 and that state law requires the county commissioners to suspend the coroner's salary. Upon receipt of such notice, the board of county commissioners shall suspend the coroner's salary. (2) If the C.C.S.T. board determines that a coroner whose salary has been suspended in accordance with subsection (1) of this section is in compliance with the training requirements of section 30-10-601.8, the C.C.S.T. board shall notify the board of county commissioners that the coroner is in compliance with the training requirements and that state law requires the board of county commissioners to reinstate the coroner's salary with back pay. Upon receipt of such notice, the board of county commissioners shall reinstate the coroner's salary with back pay. Source: L. 2003: Entire section added, p. 1834 § 3, effective August 6. 30-10-602. Coroner and deputy coroner - duties - oath or affirmation - bond insurance. (1) The coroner of each county is authorized to appoint a deputy. Any such appointment shall be in writing and shall be filed in the office of the coroner. The coroner of each county may delegate any of the coroner's powers to one or more deputies who shall then have the same duties with respect thereto as the coroner has. Any act of a deputy shall be done in the name of the coroner and signed by the deputy performing such act. A deputy coroner shall hold office during and subject to the pleasure of the coroner. Except as provided in subsection (2) of this section, each coroner and deputy coroner shall take an oath or affirmation in accordance with section 24-12-101 and file the bond required by law to be filed by the coroner. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the deputy coroner to protect the people of the county from any malfeasance on the part of the deputy coroner while in office. Source: L. 07: p. 307, § 1. R.S. 08: § 1295. C.L. § 8770. CSA: C. 45, § 117. L. 53: p. 224, § 1. CRS 53: § 35-6-2. L. 57: p. 310, § 1. C.R.S. 1963: § 35-6-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 562, § 22, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 697, § 24, effective August 8. Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-603. Deputy coroner - appointment. Every appointment of a deputy coroner and every revocation thereof shall be in writing, under the hand of the coroner, and shall be filed in the office of the county clerk and recorder of the county wherein such appointment or revocation is made. Source: L. 07: p. 307, § 2. R.S. 08: § 1296. C.L. § 8771. CSA: C. 45, § 118. CRS 53: § 35-6-3. C.R.S. 1963: § 35-6-3. Colorado Revised Statutes 2019 Page 102 of 433 Uncertified Printout 30-10-604. Coroner shall act as sheriff, when. When there is no sheriff in any county, it is the duty of the coroner to exercise all the powers and duties of the sheriff of his county until a sheriff is appointed or elected and qualified; and when the sheriff for any cause is committed to the jail of his county, the coroner shall be keeper of such jail during the time the sheriff remains a prisoner. Source: G.L. § 508. G.S. § 612. R.S. 08: § 1297. C.L. § 8772. CSA: C. 45, § 119. CRS 53: § 35-6-4. C.R.S. 1963: § 35-6-4. Cross references: For powers and duties of coroner when acting as sheriff, see § 30-10518; for substitute officers having same powers and compensation, see § 30-10-106. 30-10-605. When sheriff a party or disqualified. (1) Every coroner shall serve and execute process of every kind and perform all other duties of the sheriff when the sheriff is a party to the case, or where affidavit is made and filed as provided in this section, and in all such cases he shall exercise the powers and proceed in the same manner as prescribed for the sheriff in the performance of similar duties. (2) Whenever any party, his agent, or attorney makes and files with the clerk of the proper court an affidavit stating that he believes that the sheriff of such county by reason of either partiality, prejudice, consanguinity, or interest, will not faithfully perform his duties in any suit commenced or about to be commenced in such court, the clerk shall direct the original process in such suit to the coroner, who shall execute the process in like manner as the sheriff might or should have done. Source: G.L. §§ 509, 510. G.S. §§ 613, 614. R.S. 08: §§ 1298, 1299. C.L. §§ 8773, 8774. CSA: C. 45, §§ 120, 121. CRS 53: § 35-6-5. C.R.S. 1963: § 35-6-5. 30-10-606. Coroner - inquiry - grounds - postmortem - jury - certificate of death. (1) The responding law enforcement agency shall notify the coroner when a death is discovered or confirmed as soon as practicable after the scene is safe and secure. The coroner shall immediately notify the district attorney or his or her designee if by prior agreement, and then at his or her discretion proceed to the scene to view the body. Upon arrival of the coroner, law enforcement shall make all reasonable accommodations to allow the coroner to collect timesensitive information such as body and scene temperature, lividity, and rigor. The coroner, in cooperation with law enforcement, shall make all proper inquiry in order to determine the cause and manner of death of any person in his or her jurisdiction who has died under any of the following circumstances: (a) If the death is or may be unnatural as a result of external influences, violence, or injury; (a.3) Due to the influence of or the result of intoxication by alcohol, drugs, or poison; (a.5) As a result of an accident, including at the workplace; (a.7) When the death of an infant or child is unexpected or unexplained; (b) When no physician is in attendance or when, though in attendance, the physician is unable to certify the cause of death; (c) From a death that occurs within twenty-four hours of admission to a hospital; Colorado Revised Statutes 2019 Page 103 of 433 Uncertified Printout (d) Repealed. (e) From a disease which may be hazardous or contagious or which may constitute a threat to the health of the general public; (f) If the death occurs from the action of a peace officer or while in the custody of law enforcement officials or while incarcerated in a public institution; (g) When the death was sudden and happened to a person who was in apparent good health; (h) When a body is unidentifiable, decomposed, charred, or skeletonized; or (i) Circumstances that the coroner otherwise determines may warrant further inquiry to determine cause and manner of death or further law enforcement investigation. (1.1) The coroner shall request that jurisdiction of a death be transferred to the coroner of the county in which the event which resulted in the death of the person occurred, with the jurisdiction effective upon the acceptance by the receiving coroner. The transfer shall be in writing, and a copy thereof shall be maintained in the offices of the transferring and receiving coroners. The district attorney from each county involved in the transfer shall be contacted prior to the transfer unless prior agreements have been established. (1.2) (a) When a person dies as a result of circumstances specified in subsection (1) of this section or is found dead and the cause of death is unknown, the person who discovers the death shall report it immediately to law enforcement officials or the coroner, and the coroner shall take legal custody of the body. (b) The body of any person who dies as a result of circumstances specified in subsection (1) of this section shall not be removed from the place of death prior to the arrival of the coroner or his or her designee or without the authority of the coroner or his or her designee unless it is necessary to identify the victim, to protect the property from damage or destruction, or to preserve and protect evidence, or protect life, health, or safety. The coroner, in consultation with the district attorney or local law enforcement agency, shall facilitate the timely removal of the body to preserve and protect evidence. The coroner may order the removal of the body for further investigation or release the body to the next of kin if no further investigation is required by law enforcement. (c) If a suicide note related to the death is found at the place of death, the coroner or law enforcement agency according to a prior agreement shall take custody of the note as well as any other documentation related to the cause or manner of death as is appropriate. If there is no prior agreement, law enforcement shall have the authority to take custody of the suicide note and shall provide a copy of the suicide note to the coroner. The coroner shall have the authority to view the suicide note prior to receiving a copy. (d) In the case of a noncriminal investigation, the coroner in collaboration with local law enforcement shall identify the deceased, determine the deceased's next of kin, and notify the appropriate next of kin or other persons of the death. (e) In the case of a noncriminal investigation, in order to assist with the identification of the deceased, location and identity of next of kin, and determination of the cause and manner of death, the coroner, in cooperation with law enforcement, has the authority to collect, examine, and store, or request law enforcement to collect, examine, and store, any documents, evidence, or information, including information available in electronic devices such as phones or computers subject to the limitations in the fourth amendment to the United States constitution and section 7 of article II of the Colorado constitution. Colorado Revised Statutes 2019 Page 104 of 433 Uncertified Printout (f) When in the course of a coroner investigation, a death becomes suspicious or the possibility of criminal activity arises, the coroner shall immediately consult with the district attorney and law enforcement in the jurisdiction where the events that caused the death occurred. (g) In the case of a noncriminal investigation, the coroner may take custody of prescription medications dispensed to the deceased to assist in determining the cause and manner of death subject to the limitations in the fourth amendment to the United States constitution and section 7 of article II of the Colorado constitution. The coroner shall properly document, store, and dispose of the medications or request law enforcement to document, store, and dispose of the medications. (2) The coroner or his or her designee shall perform a forensic autopsy or have a forensic autopsy performed as required by section 30-10-606.5 or upon the request of the district attorney. Failure to comply with this section may be prosecuted as a violation of section 18-8405, C.R.S. (2.5) In the case of a noncriminal investigation, the coroner, in cooperation with the public administrator if applicable, may take appropriate measures to safeguard the property and its contents. The coroner may charge the costs of securing the premises against the estate of the deceased. A coroner who secures or safeguards the property and its contents is immune from civil liability for damage to or loss of the property or its contents. (2.7) A coroner shall comply with information requests for statistical or research purposes from the department of public health and environment and the department of transportation. (3) When the coroner has knowledge that any person has died under any of the circumstances specified in subsection (1) of this section, he may summon forthwith six citizens of the county to appear at a place named to hold an inquest to hear testimony and to make such inquiries as he deems appropriate. (4) (a) In all cases where the coroner has held an investigation or inquest, the certificate of death shall be issued by the coroner. (b) Any certificate of death issued by a coroner shall be filed with the registrar and shall state the findings concerning the nature of the disease or the manner of death, and, if from external causes, the certificate shall state the manner of death. In addition, the certificate shall include the information described in section 25-2-103 (3)(b), C.R.S., whenever the subject of the investigation or inquest is under one year of age. (c) A copy of the certificate of death or affidavit of presumed death, including any related documents and statements of fact, shall be retained indefinitely in the applicable county in a secure location in an appropriate county facility accessible only to the county coroner or the coroner's designee and in a manner that is consistent with the county's record retention policy and federal law. (5) Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case where death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a well-recognized church or religious denomination. (6) (a) Notwithstanding sections 12-245-220 and 13-90-107 (1)(d) or (1)(g), the coroner holding an inquest or investigation pursuant to this section has the authority to request and receive a copy of: Colorado Revised Statutes 2019 Page 105 of 433 Uncertified Printout (I) Any autopsy report or medical information from any pathologist, physician, dentist, hospital, or health care provider or institution if such report or information is relevant to the inquest or investigation; and (II) Any information, record, or report related to treatment, consultation, counseling, or therapy services from any licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, certified addiction counselor, registered psychotherapist, psychologist candidate registered pursuant to section 12-245-304 (3), marriage and family therapist candidate registered pursuant to section 12-245-504 (4), licensed professional counselor candidate registered pursuant to section 12-245-604 (4), or person described in section 12-245-217, if the report, record, or information is relevant to the inquest or investigation. (b) The coroner or his or her designee shall, at the request of the district attorney or attorney general, release to the district attorney or attorney general any autopsy report or medical information described in subparagraph (I) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6). (c) The coroner or his or her designee shall not release to any party any information, record, or report described in subparagraph (II) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6). (d) Any person who complies with a request from a coroner or his or her designee pursuant to paragraph (a) of this subsection (6) shall be immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the disclosure of confidential patient or client information. Source: G.L. § 511. G.S. § 615. L. 1887: p. 233, § 1. R.S. 08: § 1300. C.L. § 8775. CSA: C. 45, § 122. CRS 53: § 35-6-6. L. 57: p. 311, § 1. L. 73: R&RE, p. 462, § 1. C.R.S. 1963: § 35-6-6. L. 81: (1)(c) to (1)(h) amended and (1.1), (1.2), and (6) added, pp. 1439, 1440, §§ 2, 3, effective June 4. L. 89: (6) amended, p. 1276, § 3, effective April 18. L. 96: (4) amended, p. 402, § 15, effective April 17. L. 2000: (6) amended, p. 157, § 1, effective August 2. L. 2001: (6) amended, p. 735, § 5, effective July 1. L. 2002: (6)(a)(II) amended, p. 1029, § 56, effective June 1. L. 2004: (4)(c) added, p. 626, § 3, effective August 4. L. 2011: (2) amended, (HB 11-1258), ch. 137, p. 477, § 2, effective May 4; IP(6)(a) and (6)(a)(II) amended, (SB 11187), ch. 285, p. 1329, § 76, effective July 1. L. 2013: Entire section amended, (HB 13-1097), ch. 95, p. 304, § 3, effective April 4; (1) (d) repealed, (HB 13-1154), ch. 372, p. 2192, § 3, effective July 1; (6) (a) (II) amended, (HB 13-1104), ch. 77, p. 249, § 7, effective August 7. L. 2019: IP(6)(a) and (6)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, § 212, effective October 1. Editor's note: Amendments to this section by House Bill 13-1097, House Bill 13-1104, and House Bill 13-1154 were harmonized. Cross references: (1) For issuance of death certificate, see § 25-2-110; for postmortem examination by licensed physician, see § 12-36-133. (2) For the legislative declaration in the 2011 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 2011. Colorado Revised Statutes 2019 Page 106 of 433 Uncertified Printout (3) For the legislative declaration in the 2013 act repealing subsection (1)(d), see section 1 of chapter 372, Session Laws of Colorado 2013. 30-10-606.5. When autopsy performed - jurisdiction - qualifications to perform definition. (1) (a) The coroner shall perform a forensic autopsy or have a forensic autopsy performed in accordance with the circumstances in the most recent version of the "forensic autopsy performance standards" adopted by the national association of medical examiners, when the death is apparently nonnatural and occurs in a facility or during services regulated by the department of human services, and when the death is the result of an automobile accident and a hospital physician has not documented the extent of the injuries. (b) If a person is involved in an incident that requires the person to be transported to a medical facility outside the county where the incident occurred and the person dies en route to or at the medical facility outside the county where the incident occurred, the coroner for the county where the incident occurred shall take possession of the body and shall comply with the provisions of this section. (2) (a) Except as provided in paragraphs (b) and (c) of this subsection (2), all forensic autopsies required to be performed pursuant to subsection (1) of this section shall be performed by a board-certified forensic pathologist. (b) A physician who has completed a forensic pathology fellowship and is practicing forensic pathology in Colorado and who is not a board-certified forensic pathologist as of May 4, 2011, may perform a forensic autopsy required pursuant to subsection (1) of this section. (c) A forensic pathologist who has completed a forensic pathology fellowship may perform forensic autopsies for four years from the date of completion of the fellowship before becoming a board-certified forensic pathologist. (d) A pathology resident or forensic pathology fellow may perform a forensic autopsy required pursuant to subsection (1) of this section under the direct supervision of a boardcertified forensic pathologist. (e) For purposes of this subsection (2), "direct supervision" means supervision that is within the facility where a pathology resident or forensic pathology fellow is performing an autopsy and that requires a board-certified forensic pathologist's presence and availability for prompt consultation. Source: L. 2011: Entire section added, (HB 11-1258), ch. 137, p. 477, § 3, effective May 4. Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 137, Session Laws of Colorado 2011. 30-10-607. Talesmen - oath. (Repealed) Source: G.L. § 512. G.S. § 616. R.S. 08: § 1301. C.L. § 8776. CSA: C. 45, § 123. CRS 53: § 35-6-7. C.R.S. 1963: § 35-6-7. L. 81: Entire section amended, p. 1440, § 4, effective June 4. L. 2018: Entire section repealed, (HB 18-1138), ch. 88, p. 697, § 25, effective August 8. Colorado Revised Statutes 2019 Page 107 of 433 Uncertified Printout Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-608. Coroner may issue subpoenas. The coroner may issue subpoenas within his county for witnesses, returnable forthwith, or at such time and place as he therein directs; and witnesses shall be allowed the fees set forth in section 13-33-102, C.R.S.; and the coroner has the same authority to enforce the attendance of witnesses and to punish them and jurors for contempt in disobeying his process as a county court has when process issues in behalf of the state. Source: G.L. § 513. G.S. § 617. R.S. 08: § 1302. C.L. § 8777. CSA: C. 45, § 124. CRS 53: § 35-6-8. C.R.S. 1963: § 35-6-8. L. 64: p. 222, § 49. L. 73: p. 1401, § 26. 30-10-609. Physicians summoned - compensation. (Repealed) Source: G.L. § 525. G.S. § 629. R.S. 08: § 1303. C.L. § 8778. CSA: C. 45, § 125. CRS 53: § 35-6-9. L. 57: p. 312, § 1. C.R.S. 1963: § 35-6-9. L. 2013: Entire section repealed, (HB 13-1097), ch. 95, p. 303, § 1, effective April 4. 30-10-610. Oath of witnesses. An oath shall be administered to the witness in attendance as follows: "You do solemnly swear that the testimony which you shall give to this inquest, concerning the death of the person about whom this inquest is being held, shall be the truth, the whole truth, and nothing but the truth, so help you God." Source: G.L. § 514. G.S. § 618. R.S. 08: § 1304. C.L. § 8779. CSA: C. 45, § 126. CRS 53: § 35-6-10. C.R.S. 1963: § 35-6-10. L. 81: Entire section amended, p. 1440, § 5, effective June 4. 30-10-611. Testimony written and subscribed - fees. The testimony shall be reduced to writing, under the coroner's order, and subscribed by the witnesses, and the person writing such testimony shall be paid from the county treasury the same fees prescribed for jurors attending inquests concerning deaths. Such testimony, in the discretion of the coroner, may be taken down in shorthand by a competent stenographer, who shall first be sworn by the coroner to correctly take down such testimony and correctly transcribe the same. The stenographer shall receive the usual per diem and fees paid official court reporters for like services to be paid by the board of county commissioners. Upon the request of the coroner, the stenographer shall transcribe the testimony and transmit it to the coroner, and it shall not be necessary in such case for the witnesses to subscribe the same. If the testimony is not transcribed and transmitted, the stenographer shall file his name and address and the notes of the testimony with the district court, and the district court shall keep such materials for a period of seven years from the time of the transmittal of the coroner's inquisition. The coroner shall return his inquisition and list of witnesses to the district court, and such notes if transcribed and transmitted by such stenographer shall have the same force and effect as testimony written out under the coroner's order and subscribed by the witnesses. Colorado Revised Statutes 2019 Page 108 of 433 Uncertified Printout Source: G.L. § 515. G.S. § 619. L. 1887: p. 245, § 1. L. 07: p. 308, § 1. R.S. 08: § 1305. C.L. § 8780. CSA: C. 45, § 127. CRS 53: § 35-6-11. C.R.S. 1963: § 35-6-11. L. 81: Entire section amended, p. 1441, § 6, effective June 4. Cross references: For fees prescribed for jurors attending inquests over dead bodies, see § 13-33-101; for compensation of court reporters, see § 13-5-128. 30-10-612. Verdict of jury - form. The jurors, having heard the testimony and having made all needful inquiries, shall return to the coroner their inquisition in writing, under their hands in substance as follows, stating the matters in the following form, suggested as far as found: STATE OF COLORADO, County of .............. An inquisition held at ............, in ............ county, on the ............ day of ............ A.D. 20......, before .............., coroner of said county, concerning the death of .............. or person unknown, by the jurors whose names are subscribed; the said jurors upon their oaths, do say ............ (here state when, how, by what person, means, weapon, or accident he came to his death, and whether feloniously). In Testimony Whereof, the said jurors have hereunto set their hands the day and year aforesaid. Source: G.L. § 516. G.S. § 620. R.S. 08: § 1306. C.L. § 8781. CSA: C. 45, § 128. CRS 53: § 35-6-12. C.R.S. 1963: § 35-6-12. L. 81: Entire section amended, p. 1441, § 7, effective June 4. 30-10-613. When verdict kept secret. If the inquisition finds that a crime has been committed on the deceased and names the person who the jury believes has committed it, the inquest shall not be made public until after the arrest, directed in section 30-10-614. Source: G.L. § 517. G.S. § 621. R.S. 08: § 1307. C.L. § 8782. CSA: C. 45, § 129. CRS 53: § 35-6-13. C.R.S. 1963: § 35-6-13. 30-10-614. Coroner may order arrest - warrant. (1) If the person charged is present, the coroner may order his arrest by an officer or any person and shall then make a warrant requiring the officer or other person to take him before the county court. (2) If the person charged is not present and the coroner believes he can be taken, the coroner may issue a warrant to the sheriff of the county, requiring him to arrest the person and take him before the county court. Source: G.L. §§ 518, 519. G.S. §§ 622, 623. R.S. 08: §§ 1308, 1309. C.L. §§ 8783, 8784. CSA: C. 45, §§ 130, 131. CRS 53: § 35-6-14. C.R.S. 1963: § 35-6-14. L. 64: p. 222, § 50. Colorado Revised Statutes 2019 Page 109 of 433 Uncertified Printout 30-10-615. Warrant - effect. The warrant of a coroner in the above cases shall be of equal authority with that of the county courts; and when the person charged is brought before the county court, he shall be dealt with as a person held under a complaint in the usual form. Source: G.L. § 520. G.S. § 624. R.S. 08: § 1310. C.L. § 8785. CSA: C. 45, § 132. CRS 53: § 35-6-15. C.R.S. 1963: § 35-6-15. L. 64: p. 222, § 51. 30-10-616. Contents of warrant. The warrant of the coroner shall recite substantially the transactions before him, and the verdict of the jury of inquest leading to the arrest; and such warrant shall be a sufficient foundation for the proceeding of the county court instead of a complaint. Source: G.L. § 521. G.S. § 625. R.S. 08: § 1311. C.L. § 8786. CSA: C. 45, § 133. CRS 53: § 35-6-16. C.R.S. 1963: § 35-6-16. L. 64: p. 223, § 52. 30-10-617. Coroner to make return to district court. The coroner shall then return to the district court the inquisition, the written evidence, the name and address of the stenographer if required under section 30-10-611, and a list of the witnesses who testified as to material matter. Source: G.L. § 522. G.S. § 626. R.S. 08: § 1312. C.L. § 8787. CSA: C. 45, § 134. CRS 53: § 35-6-17. C.R.S. 1963: § 35-6-17. L. 81: Entire section amended, p. 1441, § 8, effective June 4. 30-10-618. Burial expenses - when paid by county. The coroner shall cause the body of a deceased person which he is called to view to be delivered to his friends, if there are any, but if not he shall cause him to be decently buried, the expenses to be paid from any property found with the body, or, if there is none, from the county treasury, by certifying an account of the expenses which, being presented to the board of county commissioners, shall be allowed by them if deemed reasonable and paid as other claims on the county. Source: G.L. § 523. G.S. § 627. R.S. 08: § 1313. C.L. § 8788. CSA: C. 45, § 135. CRS 53: § 35-6-18. C.R.S. 1963: § 35-6-18. 30-10-619. Conflicts of interest of county coroners. (1) A coroner who owns, operates, is employed by, or otherwise has an interest in a funeral establishment is deemed to have a conflict of interest and shall not direct business to such establishment when performing his or her duties under this part 6. (2) Nothing in this section shall prevent a person from taking the body of the deceased to a funeral establishment in which the coroner has an interest if such person decides to do so without the suggestion of the coroner. (3) The provisions of this section shall not apply if an emergency situation exists and the coroner acts in good faith to prevent a health hazard. (4) Any person who knowingly violates subsection (1) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Colorado Revised Statutes 2019 Page 110 of 433 Uncertified Printout (5) This section shall apply to county coroners who take office after the general election in 1982. Source: L. 81: Entire section added, p. 833, § 13, effective June 8. L. 2002: (4) amended, p. 1542, § 287, effective October 1. L. 2003: (1) amended, p. 1924, § 5, effective July 1. Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002. 30-10-620. Corneal tissue - taking authorized. (Repealed) Source: L. 81: Entire section amended, p. 1443, § 1, effective June 12. L. 82: (3)(a) R&RE, p. 482, § 1, effective February 19. L. 2002: Entire section repealed, p. 12, § 1, effective March 13. 30-10-621. Removal of pituitary gland - authorization. (Repealed) Source: L. 85: Entire section added, p. 1057, § 1, effective May 3. L. 2013: Entire section repealed, (HB 13-1097), ch. 95, p. 303, § 2, effective April 4. 30-10-622. Unidentified human remains - DNA samples. (1) If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), the coroner or medical examiner shall: (a) Make reasonable attempts to identify the remains pursuant to section 16-2.7-104 (2), C.R.S.; and (b) Ensure that information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, is entered into the national crime information center database pursuant to section 16-2.7-104 (3), C.R.S. Source: L. 2006: Entire section added, p. 396, § 2, effective April 6. 30-10-623. Department of corrections - reimbursement for expenses of coroner. The department of corrections, from appropriations made by the general assembly, shall reimburse a county for reasonable and necessary costs incurred by the county coroner related to investigations or complete autopsies performed on persons in the custody of the department of corrections. Costs may include transportation, refrigeration, and body bags. The county shall certify these costs to the department, and, upon the approval of the executive director of the department or the executive director's designee, the department shall pay the costs. Source: L. 2016: Entire section added, (HB 16-1406), ch. 150, p. 448, § 1, effective July 1. PART 7 Colorado Revised Statutes 2019 Page 111 of 433 Uncertified Printout TREASURER Cross references: For county treasurer's fees, see § 30-1-102. 30-10-701. Election - term - bond - insurance. (1) A county treasurer shall be elected in each county for the term of four years and, except as provided in subsection (2) of this section, before entering upon the discharge of duties, shall execute to the people of the state of Colorado a surety bond to be approved by the board of county commissioners and filed in the office of the county clerk and recorder. Prior to the treasurer being sworn into office, the board of county commissioners shall set the amount of the surety bond by written resolution duly adopted by a majority vote of the board, which shall be entered in its minutes. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the treasurer to protect the people of the county from any malfeasance on the part of the treasurer while in office. Source: G.L. § 526. G.S. § 630. R.S. 08: § 1315. C.L. § 8789. CSA: C. 45, § 136. CRS 53: § 35-7-1. L. 56: p. 129, § 4. C.R.S. 1963: § 35-7-1. L. 95: Entire section amended, p. 499, § 1, effective May 16. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 562, § 23, effective August 11. Cross references: For the oath of civil officers, see § 8 of art. XII, Colo. Const.; for the election and terms of county officers, see § 8 of art. XIV, Colo. Const.; for the election of the county treasurer, see § 1-4-206; for bonds executed by surety companies, see § 10-4-301; for the approval of bonds, see § 24-13-116; for bonds of county officers, see § 30-10-110. 30-10-702. Term of office. The regular term of office of all county treasurers shall commence on the first day of January next after their election. Source: L. 1891: p. 117, § 1. R.S. 08: § 1316. C.L. § 8790. CSA: C. 45, § 137. CRS 53: § 35-7-2. C.R.S. 1963: § 35-7-2. 30-10-703. Form of bond. If a treasurer executes a bond pursuant to section 30-10-701 (1), the condition of the bond shall be in substance as follows: Whereas, .............., was elected to the office of County Treasurer of the County of ............ on the ............ day of ............; Now, therefore, the condition of this obligation is such, that if the said .............. and the treasurer's deputy and all persons employed in the treasurer's office shall faithfully and promptly perform the duties of said office, and if the said .............. and the treasurer's deputies shall pay or invest according to law, all moneys that shall come to the hands of the treasurer, and shall render a just and true account thereof whenever required by said board of county commissioners, or by any provision of law, and shall deliver over to a successor in office, or to any other person authorized by law to receive the same, all moneys, securities, books, papers, and other things appertaining thereto or belonging to the treasurer's office, the above obligation to be void, otherwise to be in full force and effect; except that the surety shall in no event be liable for any loss caused by the failure or insolvency of the depository in which the county treasurer or the treasurer's deputies deposit any such public funds, or for any loss arising out of the investment of any such funds. Colorado Revised Statutes 2019 Page 112 of 433 Uncertified Printout Source: G.L. § 527. G.S. § 631. R.S. 08: § 1317. C.L. § 8791. L. 33-34, Ex. Sess.: p. 51, § 1. CSA: C. 45, § 138. CRS 53: § 35-7-3. C.R.S. 1963: § 35-7-3. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 563, § 24, effective August 11. 30-10-704. Deputy treasurer - duties. The county treasurer may appoint a deputy, who in the absence of the treasurer from his office, or in case of vacancy in said office, for any disability of the treasurer to perform the duties of his office, may perform all the duties of the office of treasurer, until such vacancy is filled or such disability removed. Source: G.L. § 528. G.S. § 632. R.S. 08: § 1318. C.L. § 8792. CSA: C. 45, § 139. CRS 53: § 35-7-4. C.R.S. 1963: § 35-7-4. 30-10-705. Vacancy in office - how filled. (1) In case the office of county treasurer becomes vacant, the board of county commissioners shall appoint a suitable person to perform the duties of the treasurer. Except as provided in subsection (2) of this section, the person so appointed shall give bond with like sureties and conditions as that required in county treasurers' bonds and in such sum as the board shall direct and shall be invested with all the duties of the treasurer, until such vacancy is filled or such disability removed. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the appointee to the office of treasurer to protect the people of the county from any malfeasance on the part of the treasurer while in office. Source: G.L. § 529. G.S. § 633. R.S. 08: § 1319. C.L. § 8793. CSA: C. 45, § 140. CRS 53: § 35-7-5. C.R.S. 1963: § 35-7-5. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 563, § 25, effective August 11. 30-10-706. Officers who cannot be treasurer. No person holding the office of sheriff, county judge, or county clerk and recorder, nor any member of the board of county commissioners, shall hold the office of county treasurer. Source: G.L. § 530. G.S. § 634. R.S. 08: § 1320. C.L. § 8794. CSA: C. 45, § 141. CRS 53: § 35-7-6. C.R.S. 1963: § 35-7-6. 30-10-707. Treasurer to receive and pay moneys. It is the duty of the county treasurer to receive all moneys belonging to the county, from whatsoever source they may be derived, and all other moneys which are by law directed to be paid to him. All money received by him for the use of the county shall be paid out by him only on the orders of the board of county commissioners, according to law, except where special provision for the payment thereof is otherwise made by law. Source: G.L. § 531. G.S. § 635. R.S. 08: § 1321. C.L. § 8795. CSA: C. 45, § 142. CRS 53: § 35-7-7. C.R.S. 1963: § 35-7-7. 30-10-708. Deposit of funds in banks and savings and loan associations. (1) In all counties of this state, the county treasurer shall deposit all the funds and moneys of whatever Colorado Revised Statutes 2019 Page 113 of 433 Uncertified Printout kind that come into the treasurer's possession by virtue of the office, in the treasurer's name as treasurer, in one or more state banks, national banks, or, in compliance with the provisions of article 47 of title 11, C.R.S., savings and loan associations that have previously been approved and designated by written resolution duly adopted by a majority vote of the board of county commissioners, which shall be entered in its minutes. The board, by written resolution similarly adopted, may authorize the county treasurer to invest all or any part of the funds and moneys in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. For the purposes of investment of funds of the county as set forth in said part 6, the board, by written resolution, may appoint one or more custodians of the funds, and such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. (2) All securities so purchased shall be duly registered in the name of the county treasurer and shall be deposited and safely kept in the custody of some state bank or any national bank. No such security shall be sold or otherwise disposed of except pursuant to a resolution of said board of county commissioners similarly adopted, which resolution shall also approve and designate the bank or banks in which such proceeds shall then be deposited, or such resolution may in lieu thereof authorize the reinvestment of such proceeds in any of the securities specified in subsection (1) of this section. (3) and (4) Repealed. (5) No county treasurer, or member of the board of county commissioners, who acted in good faith in approving and designating such depository, is liable for loss of public funds deposited by such county treasurer or his deputies by reason of the default or insolvency of such depository; nor shall any county treasurer who invests any such funds or any member of the board of county commissioners who in good faith authorizes such investment be liable for any loss on account of such investment. (6) Subject to the requirements of part 7 of article 75 of title 24, C.R.S., funds of the county may be pooled for investment with the funds of other local government entities. Source: L. 19: p. 366, § 1. C.L. § 8796. L. 33-34, Ex. Sess.: p. 46, § 1. CSA: C. 45, § 143. L. 37: p. 489, § 1. L. 41: p. 363, § 1. CRS 53: § 35-7-8. C.R.S. 1963: § 35-7-8. L. 75: (1) amended, p. 407, § 4, effective January 1, 1976; (2) amended and (3) and (4) repealed, pp. 391, 392, §§ 4, 6, effective January 1, 1976. L. 76: (1) amended, p. 310, § 53, effective May 20. L. 77: (1) amended, p. 576, § 8, effective June 10. L. 83: (6) added, p. 1010, § 2, effective March 29. L. 89: (1) amended, p. 1113, § 22, effective July 1. L. 95: (1) and (2) amended, p. 500, § 2, effective May 16. Editor's note: Subsection (6) was originally enacted as subsection (4) by House Bill 831097 but was renumbered on revision for ease of location. 30-10-709. Treasurer to keep accounts - settlement of accounts - resolution of findings - report to board of county commissioners - contempt. (1) The county treasurer shall keep a just and true account of the receipt and expenditure of all moneys that come into his or her hands by virtue of the office, in books to be kept by the treasurer for that purpose, which books shall be open at all times for the inspection of the board of county commissioners, or any member thereof, and to all county and state officers; and, at the meetings in July and January of the board of county commissioners, or at such other time as the board may direct, the treasurer Colorado Revised Statutes 2019 Page 114 of 433 Uncertified Printout shall settle with said board his or her account as treasurer, and, for that purpose, the treasurer shall exhibit to said board all his or her books, accounts, and all vouchers relating to the same, to be audited and allowed. (2) In addition to the audit described in subsection (1) of this section, the treasurer may periodically cause to be performed an audit of the operations and accounts of the county treasurer's office. (3) If a recommendation or finding is contained in the final report of any audit conducted pursuant to subsection (1) or (2) of this section or section 29-1-603, C.R.S., the treasurer shall promptly address the recommendation or finding and shall report to the board of county commissioners regarding the disposition of the recommendation or finding no later than ninety days after the issuance of the final audit report. If a treasurer fails to address a recommendation or finding or fails to report to the board as required by this subsection (3), the board may apply to a court of competent jurisdiction for an order compelling the treasurer to comply with the provisions of this subsection (3). If the court issues an order compelling the treasurer to comply with the provisions of this subsection (3) and the treasurer fails to comply, the treasurer shall be subject to penalties for contempt of the court issuing the order. Nothing in this subsection (3) shall be construed to limit the ability of the board or any other person to pursue any other legal remedy available to the board or person with regard to the actions of the treasurer. Source: G.L. § 532. G.S. § 636. R.S. 08: § 1323. C.L. § 8798. CSA: C. 45, § 145. CRS 53: § 35-7-9. C.R.S. 1963: § 35-7-9. L. 98: Entire section amended, p. 239, § 2, effective April 10. L. 2002: (3) added, p. 73, § 1, effective August 7. 30-10-710. Apportionment and separation of funds. It is the duty of the county treasurer to apportion and keep all taxes collected by him or her in the several funds for which the taxes were levied, and it shall not be lawful to use the moneys belonging to any fund for the purpose of paying warrants drawn upon some other fund or for the purpose of paying warrants issued before April 2, 1998, which properly should have been drawn upon some other fund; but the amount of interest gained through the investment of county funds, regardless of the origin of such funds, may be credited to the general fund of the county by the county treasurer, unless such investment is made from specific funds allocated for a definite purpose and so maintained. The treasurer and the sureties on his or her official bond or the insurer on the crime insurance policy, as applicable, shall be liable at the action of any taxpayer of the county for any violation of this section. Source: L. 1891: p. 112, § 5. R.S. 08: § 1324. C.L. § 8799. CSA: C. 45, § 146. CRS 53: § 35-7-10. L. 55: p. 249, § 1. C.R.S. 1963: § 35-7-10. L. 98: Entire section amended, p. 149, § 1, effective April 2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 563, § 26, effective August 11. 30-10-711. Payment of warrants - call published. (1) County orders and warrants, properly made and issued, shall be entitled to a preference as to payment, according to the order of time in which they may be presented to the county treasurer; but where two or more orders are presented at the same time, precedence shall be given to the order or warrant of the oldest date, and when two or more orders are presented at the same time, and there are no funds to the credit Colorado Revised Statutes 2019 Page 115 of 433 Uncertified Printout of the proper fund in the treasury to pay the same, the same shall be registered in the order of their date, precedence being given to the warrant of the oldest date. When there is in the treasury, to the credit of any fund, five hundred dollars or more, against which fund there are any outstanding and unpaid lawful warrants or orders, the county treasurer shall immediately give public notice of the fact by a written notice posted for thirty days at the outer door of the office of the treasurer. The treasurer, at the same time, shall call in for payment all outstanding and unpaid lawful warrants and orders drawn on said fund which the moneys in the treasury will pay and which are entitled to payment from said funds. (2) Such notice shall also contain the number, date, and amount of such warrants and orders as are entitled to payment and call upon the holders thereof to present the same for payment to the treasurer within thirty days from the day of the posting of said notice, and that interest on the sums due by said warrants and orders will cease to accrue thereon after the last day of said posting of said notice, and interest shall cease to accrue on said sums accordingly. Such notice shall be dated at the county seat, be signed by the treasurer, and a record of the same be kept in the office of the treasurer in a book provided for that purpose; and such books shall be open to inspection and examination at all reasonable hours. Such funds shall be held by the county treasurer for the payment of the warrants and orders called by him, until the expiration of six years from the date of registry of such warrants and orders, when the same shall be paid out upon such other warrants or orders as are entitled to payment on the day of the expiration of the six years. (3) The treasurer shall pay by electronic transfer any written authorization issued by the board of county commissioners directing the treasurer to make payment of claims against the county electronically. (4) Payment of county warrants and orders by electronic transfer shall be made only after the treasurer approves the release of funds for such electronic transfer. (5) For purposes of this part 7, "order" means all orders and authorizations issued by the board of county commissioners for the payment of claims against the county. "Order" includes any warrant issued by the board of county commissioners and any written authorization issued by the board of county commissioners directing the treasurer to make payment of claims against the county by electronic transfer. Source: G.L. § 533. G.S. § 637. L. 1887: p. 243, § 4. R.S. 08: § 1325. C.L. § 8800. CSA: C. 45, § 147. CRS 53: § 35-7-11. C.R.S. 1963: § 35-7-11. L. 96: Entire section amended, p. 563, § 25, effective April 24. L. 98: (3) to (5) added, p. 149, § 2, effective April 2. Cross references: For the publication of legal notices, see part 1 of article 70 of title 24. 30-10-712. Funds payable in order of presentment. Every fund in the hands of the county treasurer for disbursements shall be paid out in the order in which the orders drawn thereon and payable out of said fund are presented for payment. Source: G.L. § 540. G.S. § 644. R.S. 08: § 1327. C.L. § 8802. CSA: C. 45, § 149. CRS 53: § 35-7-13. C.R.S. 1963: § 35-7-13. Colorado Revised Statutes 2019 Page 116 of 433 Uncertified Printout 30-10-713. Delivery of books to successor - penalty. Upon the resignation or removal from office of any county treasurer, all the books and papers belonging to the treasurer's office, and all moneys in the treasurer's hands by virtue of the treasurer's office, shall be delivered to the treasurer's successor in office, upon the oath of such preceding treasurer, or in case of the treasurer's death, upon oath of the treasurer's executors or administrators. If any such preceding county treasurer, or in case of the treasurer's death, the treasurer's executors or administrators neglect or refuse to deliver up such books, papers, and moneys on oath, when lawfully demanded, every such person shall forfeit a sum of not less than one hundred dollars nor more than five hundred dollars. Source: G.L. § 534. G.S. § 638. R.S. 08: § 1328. C.L. § 8803. CSA: C. 45, § 150. CRS 53: § 35-7-14. C.R.S. 1963: § 35-7-14. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 564, § 27, effective August 11. 30-10-714. Treasurer collector of taxes. The county treasurer of each county shall be, by virtue of his office, collector of taxes therein, and shall perform such duties in that regard as are prescribed by law. Source: G.L. § 535. G.S. § 639. R.S. 08: § 1329. C.L. § 8804. CSA: C. 45, § 151. CRS 53: § 35-7-15. C.R.S. 1963: § 35-7-15. 30-10-715. Treasurer to issue receipt for money collected. Upon payment of any money to him, the county treasurer shall issue his receipt therefor to the person paying it, setting forth the account upon which it is paid, and, in the case of the payment of taxes, such receipt shall state the valuation of property taxed, the rate of taxation, and the total amount of such taxes to agree with his cash book. Source: G.L. § 538. G.S. § 642. L. 1887: p. 234, § 2. R.S. 08: § 1330. C.L. § 8805. CSA: C. 45, § 152. CRS 53: § 35-7-16. C.R.S. 1963: § 35-7-16. 30-10-716. Treasurer to assess property, when. It is the duty of the county treasurer to assess, at a fair value, the property of any person liable to pay taxes which the county assessor has failed to assess, to place the same on the tax roll, and to collect taxes on the same in the manner provided by law. Such treasurer shall not be compelled to assess such property in person; and he is authorized to administer oaths to such persons, or any others, touching the value of said property. Source: G.L. § 536. G.S. § 640. R.S. 08: § 1331. C.L. § 8806. CSA: C. 45, § 153. CRS 53: § 35-7-17. C.R.S. 1963: § 35-7-17. 30-10-717. Cash book - open to inspection. Every county treasurer shall keep in his office a cash book, wherein shall be entered every sum of money paid to him by virtue of his office, the date of such payment, the name of the person paying the same, the account upon which the same was paid, the nature of the funds so paid to him, whether money, state or county scrip, or evidences of state or county indebtedness, and the amount of each separate kind. Such Colorado Revised Statutes 2019 Page 117 of 433 Uncertified Printout cash book, at all reasonable hours of the day, shall be open to the inspection and examination of all persons desiring to inspect or examine the same. Source: G.L. § 537. G.S. § 641. R.S. 08: § 1332. C.L. § 8807. CSA: C. 45, § 154. CRS 53: § 35-7-18. C.R.S. 1963: § 35-7-18. 30-10-718. Registry of orders - open to inspection. Every county treasurer shall keep in his or her office a record to be called the registry of county orders wherein shall be entered at the date of the presentation thereof and without any interval or blank line between any such entry and the one preceding it every county order or other certificate or evidence of county indebtedness presented to such county treasurer for payment. At any time that the county has insufficient funds to pay the indebtedness evidenced on such order or other certificate or evidence of county indebtedness, the date and number of such order, the amount for which the same is payable, the date of the presentation thereof, the name of the person to whom such order is by the terms thereof payable, and the name of the person presenting the same. Every such registry of county orders, at all reasonable hours, shall be open to inspection and examination of any person desiring to inspect or examine the same. Source: G.L. § 539. G.S. § 643. R.S. 08: § 1333. C.L. § 8808. CSA: C. 45, § 155. CRS 53: § 35-7-19. C.R.S. 1963: § 35-7-19. L. 98: Entire section amended, p. 150, § 3, effective April 2. 30-10-719. Charge to grand jury. (Repealed) Source: L. 1889: p. 457, § 1. R.S. 08: § 1334. C.L. § 8809. L. 33: p. 402, § 1. CSA: C. 45, § 156. CRS 53: § 35-7-20. C.R.S. 1963: § 35-7-20. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-720. Committee to investigate accounts of treasurer. (Repealed) Source: L. 1889: p. 457, § 2. R.S. 08: § 1335. C.L. § 8810. CSA: C. 45, § 157. CRS 53: § 35-7-21. C.R.S. 1963: § 35-7-21. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-721. Investigation of accounts - report. (Repealed) Source: L. 1889: p. 458, § 3. R.S. 08: § 1336. C.L. § 8811. CSA: C. 45, § 158. CRS 53: § 35-7-22. C.R.S. 1963: § 35-7-22. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-722. Committee appointed once in three months only. (Repealed) Source: L. 1889: p. 458, § 4. R.S. 08: § 1337. C.L. § 8812. CSA: C. 45, § 159. CRS 53: § 35-7-23. C.R.S. 1963: § 35-7-23. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-723. Committee power to examine witnesses. (Repealed) Colorado Revised Statutes 2019 Page 118 of 433 Uncertified Printout Source: L. 1889: p. 458, § 5. R.S. 08: § 1338. C.L. § 8813. CSA: C. 45, § 160. CRS 53: § 35-7-24. C.R.S. 1963: § 35-7-24. L. 72: p. 557, § 12. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-724. Committee to examine books and accounts. (Repealed) Source: L. 1889: p. 459, § 6. R.S. 08: § 1339. C.L. § 8814. CSA: C. 45, § 161. CRS 53: § 35-7-25. C.R.S. 1963: § 35-7-25. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-725. Refusal of treasurer to answer - contempt. (Repealed) Source: L. 1889: p. 459, § 7. R.S. 08: § 1340. C.L. § 8815. CSA: C. 45, § 162. CRS 53: § 35-7-26. C.R.S. 1963: § 35-7-26. L. 94: Entire section repealed, p. 1052, § 8, effective July 1. 30-10-726. Failure of treasurer to perform duties - penalty. Every county treasurer who fails, neglects, or refuses to perform the duties of the office of the treasurer set forth in this part 7 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, and the court may adjudge that such treasurer be removed from office. This section shall extend to the deputies of every such county treasurer. Source: G.L. § 542. G.S. § 646. R.S. 08: § 1341. C.L. § 8816. CSA: C. 45, § 163. CRS 53: § 35-7-27. C.R.S. 1963: § 35-7-27. L. 98: Entire section amended, p. 150, § 4, effective April 2. L. 2002: Entire section amended, p. 74, § 2, effective August 7. PART 8 ASSESSOR 30-10-801. Assessor - election - bond - insurance - term - oath or affirmation. (1) A county assessor shall be elected in each county at a general election and, except as provided in subsection (2) of this section, shall: Give bond to the people of the state of Colorado with two or more sufficient sureties, in a sum of not less than six thousand dollars for the performance of the assessor's duties according to law and to the satisfaction of the board of county commissioners; take an oath or affirmation in accordance with section 24-12-101; be a qualified elector of the county; and hold office for four years and until a successor is elected and qualified. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the assessor to protect the people of the county from any malfeasance on the part of the assessor while in office. Source: G.L. § 548. L. 1881: p. 99, § 1. G.S. § 647. R.S. 08: § 1342. C.L. § 8817. CSA: C. 45, § 164. CRS 53: § 35-8-1. L. 56: p. 130, § 5. C.R.S. 1963: § 35-8-1. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 564, § 28, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 697, § 26, effective August 8. Colorado Revised Statutes 2019 Page 119 of 433 Uncertified Printout Cross references: (1) For the oath of civil officers, see § 8 of art. XII, Colo. Const.; for county officers' election and term in office, see § 8 of art. XIV, Colo. Const.; for the election of county assessors, see § 1-4-206. (2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-802. Assessment district - deputy in each - oath or affirmation - bond. (1) When the board of county commissioners of any county is of the opinion that the assessor is unable to perform the duties of office within the time prescribed by law, the board shall divide the county into assessment districts and shall require the assessor to appoint a deputy in each district, who shall: Be a qualified elector of the district; take an oath or affirmation in accordance with section 24-12-101; and, except as provided in subsection (2) of this section, give bond to the principal. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of a deputy assessor to protect the people of the county from any malfeasance on the part of the deputy assessor while in office. Source: G.L. § 549. L. 1879: p. 40, § 1. G.S. § 648. R.S. 08: § 1343. C.L. § 8818. CSA: C. 45, § 165. CRS 53: § 35-8-2. C.R.S. 1963: § 35-8-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 564, § 29, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 698, § 27, effective August 8. Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. 30-10-803. Office and supplies - expenses. (1) The county assessor shall keep his or her office at the county courthouse or at a location in the county seat provided by the board of county commissioners, and shall be provided with a suitable room, vault, necessary office furnishings, books, maps, plats, and all forms and blanks required to be used, and other office supplies. (2) Notwithstanding the provisions of subsection (1) of this section, the assessor may keep one or more offices outside of the county seat. Any such office shall be in addition to his or her respective office kept pursuant to subsection (1) of this section and shall be within the same county. Any such additional office may be kept only if the board of county commissioners of such county makes office space or funding available to provide for the office. As used in this section, "office" shall mean a place where some or all of the duties of the assessor are conducted. All necessary expenses shall be audited and paid as other county expenses are audited and paid. Source: L. 13: p. 527, § 1. C.L. § 8819. CSA: C. 45, § 166. CRS 53: § 35-8-3. C.R.S. 1963: § 35-8-3. L. 2001: Entire section amended, p. 652, § 2, effective May 30. 30-10-804. Assistants - refusal to furnish - appeal. (Repealed) Colorado Revised Statutes 2019 Page 120 of 433 Uncertified Printout Source: L. 13: p. 528, § 4. C.L. § 8820. CSA: C. 45, § 167. CRS 53: § 35-8-4. C.R.S. 1963: § 35-8-4. L. 72: p. 589, § 51. L. 77: Entire section repealed, p. 1739, § 24, effective June 20. 30-10-805. Expenses of assessor. (Repealed) Source: L. 13: p. 529, § 6. C.L. § 8821. CSA: C. 45, § 168. CRS 53: § 35-8-5. C.R.S. 1963: § 35-8-5. L. 77: Entire section amended, p. 1739, § 23, effective June 20. L. 88: Entire section repealed, p. 917, § 4, effective April 14. Cross references: For present provisions concerning the payment of actual and necessary expenses of county officers while engaged in business on behalf of the county, see § 30-2-102 (3)(e). PART 9 SURVEYOR 30-10-901. Surveyor - election - bond - insurance. (1) A county surveyor shall be elected for a term of four years, shall be a professional land surveyor as provided in part 3 of article 120 of title 12, and, except as provided in subsection (2) of this section, shall file an official bond in the office of the county clerk and recorder, to be approved by the board of county commissioners, in the sum of one thousand dollars, conditioned for the faithful discharge of duties. (2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the surveyor to protect the people of the county from any malfeasance on the part of the surveyor while in office. Source: G.L. § 543. G.S. § 650. R.S. 08: § 1345. C.L. § 8822. CSA: C. 45, § 169. CRS 53: § 35-9-1. L. 56: p. 130, § 6. L. 63: p. 265, § 1. C.R.S. 1963: § 35-9-1. L. 69: p. 224, § 1. L. 84: Entire section amended, p. 1121, § 29, effective June 7. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 565, § 30, effective August 11. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1718, § 213, effective October 1. 30-10-902. Deputies - certificates admitted as evidence. The county surveyor may appoint as many deputies as he thinks proper, for whose official acts he shall be responsible. The certificate of the county surveyor or any of his deputies shall be admitted as legal evidence in any court of the state, but the certificate may be explained or rebutted by other evidence. Source: G.L. § 544. G.S. § 651. R.S. 08: § 1346. C.L. § 8823. CSA: C. 45, § 170. CRS 53: § 35-9-2. C.R.S. 1963: § 35-9-2. 30-10-903. Duties and powers of the county surveyor. (1) The duties of the county surveyor are: Colorado Revised Statutes 2019 Page 121 of 433 Uncertified Printout (a) To represent the county in boundary disputes between adjoining counties pursuant to section 30-6-110, and in section or quarter corner disputes pursuant to section 30-10-906, and to locate lost, destroyed, or disputed corners and boundaries pursuant to section 38-44-104; (b) To notify the county attorney of any unsettled boundary disputes or boundary discrepancies within the county which may come to his attention; (c) To file in the office of the county surveyor, or in the office of the county clerk and recorder if there is no office for the county surveyor in the county, all surveys, field notes, calculations, maps, and any other records pertaining to work authorized and financed by the board of county commissioners. All surveys made by the county surveyor or his deputies shall be numbered consecutively by the county surveyor, and all field notes and calculations pertaining to such surveys shall be endorsed by the county surveyor with the number of the survey to which they pertain. (2) The county surveyor may, when authorized by the board of county commissioners, and when financially compensated by agreement between the surveyor and the board of county commissioners: (a) Conduct surveys to establish the boundaries of county property, including road rights-of-way, or any other surveys necessary to the county; (b) Accept for filing maps of surveys that establish monuments and keep a current record of all survey monuments within the county; (c) Examine all survey maps and plats before they are recorded by the county clerk and recorder to insure proper content and form; (d) Conduct geodetic control surveys, vertical control surveys, or any surveys for the purpose of geographic information systems; (e) Conduct or supervise construction surveys necessary to the county; (f) Provide reference monuments for or the remonumentation or monument upgrades of public land survey system monuments that are destroyed by county construction or other functions; and (g) Provide other services requiring the expertise of a professional land surveyor as agreed upon by the county surveyor and the county board of commissioners. (3) The county commissioners may elect to have any service specified in subsection (2) of this section contracted out to a qualified private professional surveyor or survey firm, or have another department in the county that employs Colorado licensed surveyors perform the work. Source: G.L. § 545. G.S. § 652. R.S. 08: § 1347. C.L. § 8824. CSA: C. 45, § 171. CRS 53: § 35-9-3. L. 63: p. 265, § 2. C.R.S. 1963: § 35-9-3. L. 94: (1)(a) amended, p. 1507, § 40, effective July 1. L. 2007: (2)(d), (2)(e), and (2)(f) added, p. 293, § 4, effective August 3. L. 2017: (1)(a), IP(2), (2)(e), and (2)(f) amended and (2)(g) and (3) added, (HB 17-1017), ch. 15, p. 43, § 1, effective August 9. 30-10-904. Vacancy - how filled. If the office of county surveyor is at any time vacant, the board of county commissioners shall, within six months after the vacancy occurs, appoint some suitable and qualified person, who need not be a resident of the county, to fill the position of surveyor until the next general election. Colorado Revised Statutes 2019 Page 122 of 433 Uncertified Printout Source: G.L. § 547. G.S. § 654. R.S. 08: § 1349. C.L. § 8826. CSA: C. 45, § 173. CRS 53: § 35-9-5. C.R.S. 1963: § 35-9-4. L. 2002: Entire section amended, p. 77, § 1, effective August 7. L. 2017: Entire section amended, (HB 17-1017), ch. 15, p. 44, § 2, effective August 9. 30-10-905. Remuneration - expenses. (1) In counties of every class, the board of county commissioners may provide for additional compensation by agreement between the county surveyor and the board of county commissioners to be paid to the county surveyor who performs services for the county in addition to the duties specified in section 30-10-903, which compensation shall be paid out of the county treasury. (2) The board of county commissioners may authorize any material and equipment necessary for the performance of any of the duties of the county surveyor; but, the material and equipment so provided shall not be used for any purpose other than to perform the duties of the county surveyor. (3) A county surveyor and any of his deputies may engage in private survey practice, if such private practice does not interfere with the performance of their official duties. (4) Except as provided in section 30-10-906, no county surveyor nor any of his deputies shall accept any remuneration other than that provided by the board of county commissioners for the performance of any act required as part of his official duties. (5) While engaged in an act necessary to the performance of his official duties, no county surveyor nor any of his deputies shall perform any act not directly related to his official duties. Source: L. 63: p. 266, § 3. C.R.S. 1963: § 35-9-5. L. 78: (4) amended, p. 272, § 92, effective May 23. L. 94: (4) amended, p. 1508, § 41, effective July 1. L. 2006: (1) amended, p. 449, § 4, effective August 7. L. 2010: (1) amended, (SB 10-182), ch. 291, p. 1352, § 2, effective May 26. L. 2017: (1) amended, (HB 17-1017), ch. 15, p. 44, § 3, effective August 9. 30-10-906. Disputed boundaries - notice - establishment of legal corner monument. (1) Whenever the proper location of any section corner or quarter section corner is in dispute, a corner monument shall be established by the county surveyor for the county in which such corner is located pursuant to this section. (2) (a) Upon receipt of an application from any party in interest and the fee required pursuant to subsection (4) of this section and subsequent to giving notice as required pursuant to paragraph (b) of this subsection (2), the county surveyor shall gather evidence and conduct any necessary surveys to establish the location of a monument. (b) Within two weeks of receipt of an application and fee pursuant to paragraph (a) of this subsection (2), the county surveyor shall give notice including the date when such surveyor will be in the vicinity of the disputed corner in the following manner: (I) For parties whose property rights might be affected by the establishment of the location of a monument, by written notice; (II) For parties to whom written notice cannot be given because of an incorrect address or because there are more than fifty known affected landowners, by publishing for four consecutive weeks in a newspaper of general circulation in the applicable county or, if there is no newspaper published in such county, in some newspaper of general circulation published in the nearest county; Colorado Revised Statutes 2019 Page 123 of 433 Uncertified Printout (III) For all professional land surveyors who have filed a monument record on the disputed corner or on any aliquot corner within one mile thereof and all professional land surveyors known to have performed land surveys in the vicinity of the disputed corner, by written notice to the extent practicable. (3) (a) On the date given in the notices pursuant to subsection (2) of this section, the county surveyor shall proceed to establish the corner monument in accordance with section 3851-103, C.R.S., and with the field notes of original surveys made by the United States by firmly planting a monument at the points found. The county surveyor shall accurately take and note courses and distances from such established monument to one or more prominent objects of a permanent nature if there are any in the vicinity and make a plat or map of the survey. (b) The county surveyor shall record the survey and a statement of the proceedings, including the application, notice, and names of the parties in interest, in the records of the office of the county surveyor. (c) Any corner monument established pursuant to this section shall be the true and legal monument defining the boundary corner as stated in the record of the survey; except that any affected party may, pursuant to article 44 of title 38, C.R.S., appeal the result within six months after the date the corner monument is established. (4) (a) The reasonable fees and expenses incurred by the county surveyor in establishing a corner shall be paid by the party applying therefor. (b) At the time the application is filed, the county surveyor shall estimate the probable fees and expenses to be incurred in establishing the corner and shall collect that amount from the applicant. (c) After the corner has been established, if the estimated amount exceeds the actual fees and expenses, the excess shall be refunded. If the fees and expenses exceed the estimated amount, the applicant shall pay the difference to the county surveyor. Source: L. 94: Entire section added, p. 1508, § 42, effective July 1. L. 97: (3)(c) amended, p. 1629, § 4, effective July 1. L. 2010: (3)(c) amended, (HB 10-1085), ch. 95, p. 324, § 3, effective August 11. 30-10-907. County surveyor to administer oaths. County surveyors shall have the authority to administer an oath or affirmation to deputies and assistants acting under them faithfully and impartially to discharge their duties as deputies and assistants. Source: L. 94: Entire section added, p. 1508, § 42, effective July 1. PART 10 SUPERINTENDENT OF SCHOOLS 30-10-1001 to 30-10-1011. (Repealed) Source: L. 84: Entire part repealed, p. 582, § 1, effective March 19. Colorado Revised Statutes 2019 Page 124 of 433 Uncertified Printout Editor's note: This part 10 was numbered as article 10 of chapter 35, C.R.S. 1963. For amendments to this part 10 prior to its repeal in 1984, 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. COUNTY POWERS AND FUNCTIONS General ARTICLE 11 County Powers and Functions Cross references: For the power of boards of county commissioners in the control and eradication of rodents and predatory animals, see part 2 of article 7 of title 35; for licenses for operating dance halls, see article 18 of title 12; for family planning and birth control services rendered by counties, see part 2 of article 6 of title 25; for provisions regarding county airport revenue bonds, see article 5 of title 41; for the "County and Municipality Development Revenue Bond Act", see article 3 of title 29; for the power of boards of county commissioners to create cemetery districts, see part 8 of article 20 of this title; for definitions applicable to this article, see § 30-26-301 (2)(d). PART 1 GENERAL PROVISIONS 30-11-101. Powers of counties. (1) Each organized county within the state shall be a body corporate and politic and as such shall be empowered for the following purposes: (a) To sue and be sued; (b) To purchase and hold real and personal property for the use of the county, and acquire lands sold for taxes, as provided by law; (c) To sell, convey, or exchange any real or personal property owned by the county and make such order respecting the same as may be deemed conducive to the interests of the inhabitants; and to lease any real or personal property, either as lessor or lessee, together with any facilities thereon, when deemed by the board of county commissioners to be in the best interests of the county and its inhabitants; (d) To make all contracts and do all other acts in relation to the property and concerns necessary to the exercise of its corporate or administrative powers. Any such contract may by its terms exceed one year and shall be binding upon the parties thereto as to all of its rights, duties, and obligations. (e) To exercise such other and further powers as may be especially conferred by law; (f) To develop, maintain, and operate mass transportation systems, which power shall be vested either individually in the board of county commissioners or jointly with other political subdivisions or governmental entities formed pursuant to the provisions of part 2 of article 1 of title 29, C.R.S. Except as provided in paragraph (j) of this subsection (1), this provision shall not Colorado Revised Statutes 2019 Page 125 of 433 Uncertified Printout apply to any county or portion thereof encompassed by the regional transportation district as formed pursuant to the provisions of article 9 of title 32, C.R.S. Counties, by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title, shall have the authority: To fix, maintain, and revise passenger fees, rates, and charges, and terms and conditions for such systems; to prescribe the method of development, maintenance, and operation of such mass transportation systems; and to receive contributions, gifts, or other support from public and private entities to defray the operating costs of such systems. (g) To provide for the payment of construction, installation, operation, and maintenance of street lighting by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title and to assess, either in whole or in part, the cost of constructing, installing, operating, and maintaining such street lighting against the property in the vicinity of such street lighting in proportion to the frontage of the property abutting the road, street, or alley where such street lighting is so constructed, installed, operated, and maintained; (h) To enter into contracts with the executive director of the department of corrections pursuant to section 16-11-308.5, C.R.S., for the placement of persons under the custody of the executive director in county jails or adult detention centers; (i) To dispose of abandoned personal property acquired by an elected county official or county employee in performing official duties. Said personal property may be disposed of only after the exercise of due diligence to determine the owner of such personal property. Such personal property may be sold, discarded, or used for county purposes as the board of county commissioners deems to be in the best interests of the county. (j) For any county located in whole or in part within the boundaries of the regional transportation district, to provide transit services in cooperation with and pursuant to consultation with the board of directors of the district. For purposes of this paragraph (j), "county" means any county or city and county. (k) To coordinate, pursuant to 43 U.S.C. sec. 1712, the "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., 40 U.S.C. sec. 3312, 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 40 CFR parts 1500 to 1508, with the United States secretary of the interior and the United States secretary of agriculture to develop land management plans that address hazardous fuel removal and other forest management practices, water development and conservation measures, watershed protection, the protection of air quality, public utilities protection, and private property protection on federal lands within such county's jurisdiction. (2) Counties have the authority to adopt and enforce ordinances and resolutions regarding health, safety, and welfare issues as otherwise prescribed by law. In addition to any other enforcement or collection method authorized by law, if a county passes an ordinance or resolution of which a violation would be a class 2 petty offense, the county may elect to apply the penalty assessment procedure set forth in section 16-2-201, C.R.S., and may adopt a graduated fine schedule for multiple offenses. If a specified offense would be an unclassified misdemeanor, a county may elect to downgrade the offense to a class 2 petty offense and apply the penalty assessment procedure under circumstances deemed appropriate and prescribed by the county in an ordinance or resolution. Source: G.L. § 428. G.S. § 521. R.S. 08: § 1177. C.L. § 8658. CSA: C. 45, § 1. CRS 53: § 36-1-1. C.R.S. 1963: § 36-1-1. L. 73: pp. 465, 466, §§ 1, 1. L. 79: (1)(g) added, p. 1150, § 2, effective April 25. L. 88: (1)(h) added, pp. 677, 711, §§ 5, 12, effective July 1. L. 90: (1)(f) Colorado Revised Statutes 2019 Page 126 of 433 Uncertified Printout and (1)(g) R&RE, p. 1446, § 1, effective July 1. L. 92: (1)(i) added, p. 967, § 9, effective June 1. L. 93: (1)(h) amended, p. 407, § 6, effective April 19. L. 2002: (1)(f) amended and (1)(j) added, p. 733, § 3, effective August 7; (1)(f) amended and (1)(j) added, p. 713, § 3, effective August 7. L. 2003: (1)(k) added, p. 1036, § 10, effective April 17. L. 2008: (2) added, p. 57, § 2, effective August 5. Cross references: For the legislative declaration contained in the 2003 act enacting subsection (1)(k), see section 1 of chapter 145, Session Laws of Colorado 2003. 30-11-102. Property of county. Any real or personal property conveyed to any county shall be deemed the property of such county. Source: G.L. § 429. G.S. § 522. R.S. 08: § 1178. C.L. § 8659. CSA: C. 45, § 2. CRS 53: § 36-1-2. C.R.S. 1963: § 36-1-2. 30-11-103. Commissioners to exercise powers of county. The powers of a county as a body politic and corporate shall be exercised by a board of county commissioners therefor. Source: G.L. § 430. G.S. § 523. R.S. 08: § 1179. C.L. § 8660. CSA: C. 45, § 3. CRS 53: § 36-1-3. C.R.S. 1963: § 36-1-3. 30-11-103.5. County petitions and referred measures. The procedures for placing an issue or question on the ballot by a petition of the electors of a county that is pursuant to statute or the state constitution or that a board of county commissioners may refer to a vote of the electors pursuant to statute or the state constitution shall, to the extent no such procedures are prescribed by statute, charter, or the state constitution, follow as nearly as practicable the procedures for municipal initiatives and referred measures under part 1 of article 11 of title 31, C.R.S. The county clerk and recorder shall resolve any questions about the applicability of the procedures in part 1 of article 11 of title 31, C.R.S. Source: L. 96: Entire section added, p. 1766, § 58, effective July 1. 30-11-104. County buildings - acquisition of land or buildings by eminent domain authorized. (1) (a) Each county, at its own expense, shall provide a suitable courthouse, a sufficient jail, and other necessary county buildings and keep them in repair. (b) For any penal institution that begins operations on or after August 30, 1999, that is operated by or under contract with a county, the county may establish standards relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a county does not adopt standards pursuant to this paragraph (b), the penal institution operated by or under contract with the county shall be subject to the standards adopted by the department of public health and environment pursuant to section 25-1.5-101 (1)(i), C.R.S. In establishing such standards, the county is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions. Colorado Revised Statutes 2019 Page 127 of 433 Uncertified Printout (2) Each county has the power to acquire, by eminent domain, land or buildings, or both, for the provision of court and district attorney facilities, jails, and other necessary facilities specifically related thereto. Any acquisitions by eminent domain shall be made in the manner authorized for cities and towns as set forth in article 6 of title 38, C.R.S. Source: G.L. § 431. G.S. § 524. R.S. 08: § 1180. C.L. § 8661. CSA: C. 45, § 4. CRS 53: § 36-1-4. C.R.S. 1963: § 36-1-4. L. 87: Entire section amended, p. 1203, § 1, effective July 1. L. 2000: (1) amended, p. 803, § 2, effective May 24. L. 2003: (1)(b) amended, p. 714, § 56, effective July 1. 30-11-104.1. Lease-purchase agreements. (1) In order to provide for financing of a public park, a public trail, a public golf course, or public open space, or a courthouse, jail, or other county building or equipment used, or to be used, for governmental purposes, any county is authorized to enter into lease-purchase agreements. (2) Such agreements may include an option to purchase, transfer, and acquire title to such property and the improvements thereon, if any, within a period not exceeding the useful life of such property and any improvements, but in no case exceeding thirty years. (3) The obligation under any such leases may only be from year to year and may not constitute a mandatory charge or requirement in any ensuing budget year. (4) The obligation to make payments under such an agreement and the obligation to pay other charges incident to any such agreement shall not constitute or give rise to an indebtedness within the meaning of any constitutional, statutory, or home rule charter debt limitation. Source: L. 81: Entire section added, p. 1446, § 1, effective May 29. L. 83: (1) amended, p. 1233, § 1, effective May 25. L. 99: (1) and (2) amended, p. 166, § 1, effective March 25. 30-11-104.2. Tax exemption. (1) Property financed pursuant to the provisions of section 30-11-104.1 shall be exempt from taxation so long as it is used for governmental purposes. (2) (a) A courthouse, jail, or other county building subject to lease purchase agreements in force on May 29, 1981, shall be accorded the same tax-exempt status as a courthouse, jail, or other county building financed by such agreements entered into after such date. (b) Equipment subject to lease purchase agreements in force on May 25, 1983, shall be accorded the same tax-exempt status as equipment financed by such agreements entered into after such date. Source: L. 81: Entire section added, p. 1446, § 1, effective May 29. L. 83: (2) amended, p. 1233, § 2, effective May 25. 30-11-105. Title of suits by or against county. In all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be, "The board of county commissioners of the county of ................"; but this provision shall not prevent county officers, when authorized by law, from suing in their name of office for the benefit of the county. Colorado Revised Statutes 2019 Page 128 of 433 Uncertified Printout Source: G.L. § 432. G.S. § 525. R.S. 08: § 1181. C.L. § 8662. CSA: C. 45, § 5. CRS 53: § 36-1-5. C.R.S. 1963: § 36-1-5. 30-11-105.1. Standing - contesting constitutionality of a statute. In addition to any other powers prescribed in this part 1, any county or county officer shall have standing in district court to defend any action brought against such county or officer by contesting the constitutionality of a statute underlying such action and affecting the rights, status, or other legal relations of such county or county officer or directing the performance of, defining, or prescribing the duties or responsibilities of such county officer. Source: L. 93: Entire section added, p. 73, § 1, effective March 26. 30-11-106. Process served on clerk - clerk to notify board. In all legal proceedings against the county, process shall be served on the clerk of the board of county commissioners, and when such suit or proceeding is commenced, it is the duty of the clerk to notify the county attorney thereof, and to lay before the board of county commissioners, at their next meeting, all the information he may have in regard to such suit or proceeding. Source: G.L. § 433. G.S. § 526. R.S. 08: § 1182. C.L. § 8663. CSA: C. 45, § 6. CRS 53: § 36-1-6. C.R.S. 1963: § 36-1-6. 30-11-107. Powers of the board. (1) The board of county commissioners of each county has power at any meeting: (a) To make such orders concerning the property belonging to the county as it deems expedient; (b) To examine and settle all accounts of the receipts and expenses of the county, to examine and settle and allow all accounts chargeable against the county, and, when so settled, to issue county orders therefor as provided by law; (c) To build and keep in repair county buildings and cause the same to be insured in the name of the county treasurer for the benefit of the county and, in case there are no county buildings, to provide suitable rooms for county purposes; (d) (I) To apportion and order the levying of taxes as provided by law; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities shall not be considered a business or occupation subject to such tax; and (II) To contract loans in the name and for the benefit of the county for the purpose of erecting necessary public buildings and making or repairing public roads or bridges, when such loans have been authorized by a vote of the legal voters of the county; (e) To represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provisions are made by law; (f) To set off, organize, and change the boundaries of precincts in their respective counties and to designate and number such precincts in accordance with sections 1-5-101 and 15-101.5, C.R.S.; Colorado Revised Statutes 2019 Page 129 of 433 Uncertified Printout (g) To establish one or more voting places in each election precinct, as the convenience of the inhabitants may require; (h) To lay out, alter, or discontinue any road running into or through such county and also to perform such other duties respecting roads as may be required by law; (i) To grant such licenses and perform such other duties as are or may be prescribed by law; (j) To acquire land for, lay out, construct, maintain, and repair airports and landing strips for aircraft, to enter into leases, and to fix and collect charges or fees for the use of such airports and landing strips; (k) To provide in the county budget for dumping grounds within the county to be used for such purposes as may be prescribed by the board; (l) To enter into agreements with any municipality for the joint use and occupation of public buildings. The consideration to be paid for such use and occupation shall be paid each year out of current revenues which shall be appropriated annually, and any agreement to make such annual payment shall not be considered or held to be creation of an indebtedness of the county within any constitutional or statutory limitation. (m) To negotiate with the board or boards of county commissioners of another county or counties, and with the board of governors of the Colorado state university system of Colorado state university, for agricultural extension service to be furnished such counties, and to be financed on a pro rata share by the counties receiving such service; (n) To create, by resolution duly adopted, the office of county manager, or administrative assistant to the board of county commissioners, or county budget officer, or any other such office as may, in its judgment, be required for the efficient management of the business and concerns of the county. When so created, the board has power to make appointments to such offices, to prescribe the duties to be performed by such appointees, to fix the compensation to be paid to such appointees, and to pay the same from the county general fund. Any persons appointed to such offices shall serve at the pleasure of the board of county commissioners. (o) To cooperate with other counties and with the state forester in the organization and training of rural fire fighting groups, payment for the operation and maintenance of fire fighting equipment and in sharing the cost of suppressing fires; (o.5) Repealed. (p) To purchase all necessary uniforms of the county sheriff, undersheriff, and deputies of the county; but no such uniforms shall be supplied to those persons deputized to perform particular acts, and all such uniforms shall be and remain the property of the county; (q) To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service; (r) To provide in the county budget for services for the aged, including but not limited to social and recreational services, medical services, transportation, and homemaker services; (s) To appropriate moneys from sources other than ad valorem taxes to multijurisdictional housing authorities or housing authorities established under part 5 of article 4 of title 29, C.R.S., from the county general fund; (t) To set, by resolution duly adopted or by the method provided in the charter of a home rule county, mileage for all county officers, employees, and agents in an amount not less than twenty cents per mile nor more than a rate per mile equal to the standard mileage rate allowed Colorado Revised Statutes 2019 Page 130 of 433 Uncertified Printout pursuant to 26 U.S.C. sec. 162, as amended, and regulations promulgated thereunder, for each mile actually and necessarily traveled while on official county business; (u) To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the maintenance of drainage structures and facilities and to accept dedicated or deeded drainage easements or drainageway tracts as county property once drainage structures and facilities on such easements or tracts have been completed and found to meet county specifications and standards; (v) To provide a job diversion program directing persons making application for or receiving assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., into bona fide public or private sector employment; (w) To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the construction, reconstruction, improvement, or extension of drainage facilities within the unincorporated or incorporated areas of the county and to acquire, by gift, purchase, lease, or the exercise of the right of eminent domain, all lands, easements, or rights in land which are necessary in connection with such construction, reconstruction, improvement, or extension. Drainage facilities shall not be provided in any area which is within an existing drainage district organized or created pursuant to law without the approval of such district. (x) To enter into a contract with the state telecommunications director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for the providing of teleconferencing facilities and services between the county and any other county, city and county, or state agency to be used for teleconferencing of hearings relating to any person in the custody of the county; (y) To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the construction, maintenance, repair, or installation of curbs, gutters, sidewalks, and related structures along residential and commercial streets or alleys and in residential or commercial subdivisions within the unincorporated areas of the county; except that, prior to making an assessment for any purpose authorized by this paragraph (y), the county shall consider cost-sharing alternatives so that a portion of the cost of any project authorized in this paragraph (y) is incurred and paid by the county; (z) To prescribe, by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title, the mode in which the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes authorized in paragraphs (u), (w), and (y) of this subsection (1); (aa) To establish policies and procedures regarding entering into contracts binding on the county, and to delegate its power to enter into such contracts pursuant to such policies and procedures, where amounts specified in such policies and procedures and where such contracts otherwise comply with limits and requirements set forth in such policies and procedures; (bb) To provide for the preservation of the cultural, historic, and architectural history within the county by ordinance or resolution; to delegate the power to designate historic landmarks and historic districts to an historic preservation advisory board; to accept dedicated or deeded easements or other historic property and to expend moneys for the maintenance of such deeded historic land, facilities, and structures; and to receive contributions, gifts, or other support from public and private entities to defray the maintenance costs of such historic land, facilities, and structures; Colorado Revised Statutes 2019 Page 131 of 433 Uncertified Printout (cc) By resolution, memorial, plaque, or limited gift, to honor, commemorate, memorialize, or acknowledge outstanding service or other events, including death or retirement of individuals, or actions, accomplishments, or achievements deserving of recognition; (dd) To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.; (ee) Repealed. (ff) To set, by written resolution duly adopted by a majority vote of the board and entered in its minutes prior to the county treasurer being sworn into office, the amount of a surety bond to be executed by the treasurer and to authorize the purchase of such a bond by the board; (gg) To authorize the use of electronic records or signatures and adopt rules, standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.; (hh) To establish an affordable housing dwelling unit advisory board for the county in accordance with the requirements of article 26 of title 29, C.R.S.; (ii) To provide in the county budget for programs that support education and outreach on environmental sustainability and for financing capital improvements for energy efficiency retrofits and the installation of renewable energy fixtures, as defined in section 30-11-107.3, for private residences and commercial property within the county but that do not exempt the county from the requirements of any other statute; (jj) To encourage homeowners to participate in utility demand-side management programs where applicable; (kk) (I) To adopt a resolution to authorize, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the county, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the board's resolution. (II) Before adopting a resolution to authorize the use of graywater pursuant to subparagraph (I) of this paragraph (kk), a board of county commissioners is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the county concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 258-103 (8.4), C.R.S. (2) (a) Subject to the provisions of part 1 of article 1 of title 29, C.R.S., the board of county commissioners of each county has exclusive power to adopt the annual budget for the operation of the county government, including all offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations. All such entities shall make appropriate budget recommendations each year to the board of county commissioners for the operation of their respective offices; but the final budget determination of each board of county commissioners shall be binding upon each of the respective offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations. Colorado Revised Statutes 2019 Page 132 of 433 Uncertified Printout (b) Every decision made by the board of county commissioners in exercising its budgetmaking power shall be presumed to be a valid exercise of the power granted by paragraph (a) of this subsection (2). (3) The board of county commissioners of any county eligible to receive impact assistance grants pursuant to part 3 of article 25 of this title may certify a dollar amount to the parks and wildlife commission pursuant to part 3 of article 25 of this title. Source: G.L. § 446. G.S. § 538. R.S. 08: § 1204. C.L. § 8682. CSA: C. 45, § 25. L. 45: p. 296, § 2. CRS 53: § 36-1-7. L. 55: p. 250, § 1. L. 57: p. 313, § 1. L. 61: pp. 301, 714, §§ 1, 2. C.R.S. 1963: § 36-1-7. L. 65: pp. 458, 925, §§ 1, 5. L. 69: p. 225, § 1. L. 77: (1)(q) amended, p. 1439, § 1, effective May 26; (2) added, p. 1441, § 1, effective June 9; (1)(r) added, p. 1440, § 1, effective June 19; (1)(s) added, p. 1396, § 2, effective July 7; (1)(q) R&RE, p. 1285, § 3, effective January 1, 1978. L. 79: (3) added, p. 1154, § 2, effective June 22. L. 80: (1)(t) added, p. 655, § 1, effective July 1. L. 81: (1)(u) added, p. 1448, § 1, effective June 12. L. 82: (1)(v) added, p. 427, § 3, effective July 1. L. 83: (1)(w) added, p. 1235, § 1. effective July 1. L. 85: (1)(x) added, p. 806, § 2, effective May 23. L. 86: (1)(v) amended, p. 1040, § 4, effective April 30. L. 90: (1)(u) and (1)(w) amended and (1)(y) to (1)(cc) added, p. 1447, § 2, effective July 1. L. 91: (1)(t) amended, p. 712, § 1, effective March 11; (1)(dd) added, p. 733, § 3, effective May 1. L. 93: (1)(ee) added, p. 346, § 4, effective April 12; (1)(o.5) added, p. 1255, § 4, effective July 1. L. 95: (1)(ff) added, p. 500, § 3, effective May 16; (1)(o.5) repealed, p. 546, § 2, effective May 22. L. 96: (1)(d) amended, p. 347, § 3, effective April 17. L. 97: (1)(v) amended, p. 1245, § 51, effective July 1. L. 98: (1)(ee) repealed, p. 825, § 40, effective August 5. L. 99: (1)(gg) added, p. 1348, § 6, effective July 1. L. 2000: (1)(f) amended, p. 265, § 4, effective August 2. L. 2001: (1)(hh) added, p. 977, § 2, effective August 8. L. 2002: (1)(gg) amended, p. 858, § 7, effective May 30; (1)(m) amended, p. 1246, § 20, effective August 7. L. 2007: (1)(ii) added, p. 1470, § 1, effective August 3. L. 2008: (1)(x) amended, p. 1130, § 16, effective May 22; (1)(ii) amended and (1)(jj) added, p. 1293, § 5, effective May 27. L. 2012: (3) amended, (HB 12-1317), ch. 248, p. 1204, § 10, effective June 4. L. 2013: (1) (kk) added, (HB 13-1044), ch. 228, p. 1089, § 4, effective May 15. Cross references: (1) For additional powers of county commissioners relating to county airports, see part 1 of article 4 of title 41; for power of county commissioners to transfer county property for hospital purposes, see § 32-1-1003 (2); for power of a board to adopt ordinances for control or licensing of matters of purely local concern, see § 30-15-401; for the authority of the city and county of Denver to enter into a contract for teleconferencing facilities and services, see § 30-11-208. (2) For the legislative declaration in the 2013 act adding subsection (1) (kk), see section 1 of chapter 228, Session Laws of Colorado 2013. 30-11-107.3. Incentives for installation of renewable energy fixtures - definitions. (1) Notwithstanding any law to the contrary, any county may offer an incentive, in the form of a county property tax or sales tax credit or rebate, to a residential or commercial property owner who installs a renewable energy fixture on his or her residential or commercial property. (2) For purposes of this section, unless the context otherwise requires: (a) "County" means any county or city and county. Colorado Revised Statutes 2019 Page 133 of 433 Uncertified Printout (b) "Renewable energy fixture" means any fixture, product, system, device, or interacting group of devices installed behind the meter of any residential or commercial building that produces energy from renewable resources, including, but not limited to, photovoltaic systems, solar thermal systems, small wind systems, biomass systems, or geothermal systems. Source: L. 2007: Entire section added, p. 488, § 2, effective August 3. L. 2008: (2)(b) amended, p. 1294, § 6, effective May 27. Cross references: In 2007, this section was added by the "Renewable Energy Incentives Act". For the short title, see section 1 of chapter 130, Session Laws of Colorado 2007. 30-11-107.5. Lodging tax for the advertising and marketing of local tourism. (1) In accordance with the procedures set forth in this section, the board of county commissioners of each county, for the purpose of advertising and marketing local tourism, may levy a county lodging tax of not more than two percent on the purchase price paid or charged to persons for rooms or accommodations as included in the definition of "sale" in section 39-26-102 (11), C.R.S. No tax shall apply within any municipality levying a lodging tax. (2) (a) The county lodging tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S. (b) The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department of revenue shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement. (c) Any person or entity providing rooms or accommodations as included in the definition of "sale" referred to in subsection (1) of this section shall be liable and responsible for the payment of an amount equivalent of up to two percent of all such sales made and shall quarterly, unless otherwise provided by law, make a return to the executive director of the department of revenue for the preceding tax-reporting period and remit an amount equivalent up to the said two percent on such sales to said executive director. (3) (a) The board of county commissioners may, by resolution, approve a proposal for a county lodging tax; thereupon, such proposal for the county lodging tax shall be referred to the registered electors of the unincorporated areas and the municipalities subject to the lodging tax at a special election held for such purpose. Any such election may be combined with any other special election. On and after January 1, 1989, such tax may only be approved at a general election. (b) (I) Such proposal shall contain a description of the proposed county lodging tax, including its purposes, and shall state the amount to be imposed and shall describe any municipality within the county which has such a tax and which shall therefore be excluded from the election proposed in paragraph (a) of this subsection (3) and any resulting lodging tax. (II) If any additional lodging tax or statewide tax on lodging facilities is enacted or levied after January 1, 1987, which in combination with the lodging tax authorized by this Colorado Revised Statutes 2019 Page 134 of 433 Uncertified Printout section exceeds two percent, the tax under this section shall be reduced by that amount that the total tax exceeds the two percent maximum specified in subsection (1) of this section. (c) Repealed. (d) No public moneys from any source shall be expended directly or indirectly to urge electors to vote in favor or against the imposition of the lodging tax. Nothing in this paragraph (d) shall be construed as prohibiting an elected official from expressing his personal opinion concerning the imposition of the lodging tax. (e) Upon the adoption of the resolution by the board of county commissioners approving such county lodging tax proposal, the county clerk and recorder shall publish the text of such county lodging tax proposal four separate times, a week apart, in a newspaper of general circulation within the county. The cost of the election shall be initially paid out of the general fund of the county. If the county lodging tax is approved, the general fund of the county shall be reimbursed out of the county lodging tax tourism fund described in paragraph (a) of subsection (4) of this section. The conduct of the election shall conform, so far as practicable, to the general election laws of the state. (f) (I) If approved by a majority of the registered electors from the municipality or unincorporated area subject to the lodging tax voting thereon, the county lodging tax shall become effective as provided in section 29-2-106 (2), C.R.S. (II) If a majority of the registered electors voting thereon fail to approve the county lodging tax, the question shall not be submitted again to such electors for a period of one year following the date of said election. (4) (a) All revenue collected from such county lodging tax, except the amounts retained under subsection (2) of this section, shall be credited to a special fund designated as the county lodging tax tourism fund, hereby created. The fund shall be used only to advertise and market tourism in accordance with paragraphs (b) and (c) of this subsection (4) and to reimburse the general fund of the county for the cost of the election in accordance with paragraph (d) of subsection (3) of this section. No revenue collected from such county lodging tax shall be used for any capital expenditures, with the exception of tourist information centers. (b) Upon approval of a lodging tax by the electors pursuant to this section, the county commissioners shall select a panel of no less than three citizens to administer the tourism fund. Members of the panel shall be appointed from the tourism industry within the municipalities or unincorporated areas from which the lodging tax is collected. Where there is an established and proven marketing entity within the county formed for the purpose of advertising and marketing tourism, the panel is encouraged to use that entity, and that entity shall provide an accounting to the panel and to the county commissioners. (c) The panel, to the extent feasible, shall advertise and market tourism for the benefit of those unincorporated areas and municipalities from which the lodging tax originated. (5) Nothing provided in this section shall in any way prohibit municipalities and counties from cooperating to create countywide uniform lodging taxes with voluntary abandonment of municipal lodging tax ordinances. (6) Repealed. Source: L. 87: Entire section added, p. 1203, § 1, effective May 6; (3)(a) amended and (3)(c) repealed, p. 1207, §§ 1, 2, effective June 20. L. 90: (6) repealed, p. 1453, § 1, effective Colorado Revised Statutes 2019 Page 135 of 433 Uncertified Printout April 3. L. 91: (3)(b)(II) amended, p. 713, § 1, effective March 12. L. 94: (2)(b) amended, p. 317, § 1, effective March 29. 30-11-107.7. County rental tax on the rental of personal property - procedures apportionment. (1) As used in this section, unless the context otherwise requires: (a) "Personal property" means personal property which: (I) Is not subject to ad valorem tax pursuant to section 39-3-119, C.R.S., or specific ownership tax pursuant to section 42-3-107, C.R.S.; and (II) The owner thereof is regularly engaged in the sale, rental, or both sale and rental of such personal property and rents such personal property to another individual or corporation, in which the owner does not have any interest whatsoever, for one or more periods of thirty days or less in any calendar year. (b) "Personal property" does not include any residential real property as defined for property tax purposes in section 39-1-102 (14.5), C.R.S. (2) (a) In accordance with the procedures set forth in this section, the board of county commissioners of each county may levy a rental tax on personal property which is rented in such county. The rate of any rental tax levied pursuant to this section shall be not more than one percent of the amount of the rental payment paid or charged to persons who rent such personal property. (b) The board of county commissioners may, by resolution, approve a rental tax on personal property which is rented in the county. Such resolution shall contain a description of the rental tax on personal property which is rented, state the rate of rental tax to be levied, and specify the effective date of the resolution. (c) (I) Any rental tax levied pursuant to the provisions of this section shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S. (II) The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department of revenue shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriations by the general assembly for the net incremental cost of such collection, administration, and enforcement. (3) (a) During the month of January of each year, the county treasurer of any county which levies a rental tax pursuant to this section shall calculate, for such county and each political subdivision located within the boundaries of such county, the percentage which the dollar amount of ad valorem taxes levied by each such political entity is of the aggregate dollar amount of ad valorem taxes levied in such county during the preceding calendar year. The percentages so calculated shall be used for the apportionment between the county itself and each political subdivision located within such county of the aggregate amount of rental tax revenue to be distributed by the department of revenue to the county treasurer during the current calendar year. (b) All rental taxes collected by the county treasurer shall be apportioned, credited, and distributed to the county and to each political subdivision located within such county on the tenth day of each month for all rental taxes collected during the immediately preceding month. Colorado Revised Statutes 2019 Page 136 of 433 Uncertified Printout Source: L. 91: Entire section added, p. 1981, § 2, effective April 20. L. 94: (2)(c)(II) amended, p. 317, § 2, effective March 29; (1)(a)(I) amended, p. 2564, § 76, effective January 1, 1995. 30-11-107.9. County tax for public safety improvements - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Public safety improvements" means capital expenditures or operational costs associated with a public safety organization. (b) "Public safety organization" means a law enforcement agency or office, district attorney's office, judicial district, coroner's office, a fire protection district, fire department, or any other public entity dedicated to providing services related to public safety, public health, or emergency management at the county or local level in the state. (2) In accordance with the procedures set forth in this section, the board of county commissioners of each county may levy a sales tax for public safety improvements of not more than two percent on the sale of tangible personal property of retail and services taxable in such county pursuant to the provisions of section 39-26-104, C.R.S. All net revenues collected by a county after the payment of the costs of collection, administration, and enforcement to the department of revenue in accordance with subsection (4) of this section shall be used exclusively for public safety improvements. (3) The board of county commissioners of a county may by resolution approve a proposal for a county public safety improvements tax; thereupon the public safety improvements tax proposal must be submitted to the registered electors of the county at the next general election, the next biennial county election, or the next election held on the first Tuesday of November in an odd-numbered year as determined by the board of county commissioners. The proposal shall contain a description of the tax including its purposes and shall state the amount to be imposed. The proposal may include a provision to also seek voter approval to retain and expend all or a portion of the revenues of the tax from district fiscal year spending for purposes of section 20 of article X of the state constitution. The conduct of the election shall conform so far as practicable to the general election laws of the state and with the provisions of said section 20. (4) (a) The county public safety improvements tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S. (b) The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement. (5) No public moneys from any source shall be expended directly or indirectly to urge electors to vote in favor or against the imposition of a county public safety improvements tax. Nothing in this subsection (5) shall be construed as prohibiting an elected official from expressing his or her personal opinion concerning the imposition of the tax. Colorado Revised Statutes 2019 Page 137 of 433 Uncertified Printout Source: L. 2007: Entire section added, p. 1459, § 1, effective August 3. L. 2017: (3) amended, (HB 17-1342), ch. 235, p. 965, § 1, effective May 24. 30-11-108. Assent of electors required - when. The board of county commissioners shall not borrow money for the purposes stated in section 30-11-107, except as provided in section 30-11-107 (1)(dd), without having first submitted the question of such loan to a vote of the electors of the county and without a majority of the voters legally qualified to vote and voting on that question having voted therefor. Source: G.L. § 447. G.S. § 540. R.S. 08: § 1214. C.L. § 8683. CSA: C. 45, § 30. CRS 53: § 36-1-8. C.R.S. 1963: § 36-1-8. L. 91: Entire section amended, p. 733, § 4, effective May 1. Cross references: For authority of county to contract debts, see § 6 of art. XI, Colo. Const. 30-11-109. Advertisement for bids on supplies. (Repealed) Source: L. 1893: p. 103, § 1. R.S. 08: § 1205. C.L. § 8684. CSA: C. 45, § 31. CRS 53: § 36-1-9. C.R.S. 1963: § 36-1-9. L. 71: p. 332, § 1. L. 93: Entire section amended, p. 2137, § 12, effective June 12. L. 2013: Entire section repealed, (HB 13-1010), ch. 17, p. 43, § 1, effective August 7. 30-11-109.5. Purchases of recycled paper and recycled products. (1) When purchasing any product with public funds, the purchasing agent for the county shall be authorized to purchase products or materials with recycled content that have been sourcereduced, that are reusable, or that have been composted, unless one or more of the following conditions exist: (a) The product is not available within a reasonable period of time; (b) The product fails to meet applicable purchasing rules, including specifications; or (c) The product fails to meet federal or state health or safety standards, as set forth in federal or state regulations. Source: L. 93: Entire section added, p. 2138, § 13, effective June 12. Cross references: For further provisions concerning the purchase of recycled paper and recycled products, see §§ 13-1-133, 24-103-207, and 25-16.5-102. 30-11-110. State suppliers preferred. It is unlawful for any board of county commissioners of any county to accept any bid or make a purchase of any books, stationery, records, printing, lithographing, or other supplies for any officer of its county, from any person, company, or corporation having its manufactory or principal place of business outside the state of Colorado, when the same can be procured from some person, company, or corporation having its manufactory or principal place of business within this state and at a net cost which shall not exceed the amount for which such books, stationery, records, printing, lithographing, or other Colorado Revised Statutes 2019 Page 138 of 433 Uncertified Printout supplies can be procured and delivered to them by any person, company, or corporation having its manufactory or principal place of business without the state. Source: L. 1893: p. 103, § 2. R.S. 08: § 1206. C.L. § 8685. CSA: C. 45, § 32. CRS 53: § 36-1-10. C.R.S. 1963: § 36-1-10. 30-11-111. Term of contract. (Repealed) Source: L. 1893: p. 104, § 3. R.S. 08: § 1207. C.L. § 8686. CSA: C. 45, § 33. CRS 53: § 36-1-11. C.R.S. 1963: § 36-1-11. L. 2013: Entire section repealed, (HB 13-1010), ch. 17, p. 43, § 2, effective August 7. 30-11-112. Officer cannot contract or purchase. (Repealed) Source: L. 1893: p. 104, § 4. R.S. 08: § 1208. C.L. § 8687. CSA: C. 45, § 34. CRS 53: § 36-1-12. C.R.S. 1963: § 36-1-12. L. 2013: Entire section repealed, (HB 13-1010), ch. 17, p. 44, § 3, effective August 7. 30-11-113. Commissioners to furnish blank assessment rolls. The boards of county commissioners of their respective counties, at the expense of the county, shall furnish annually and in due season, to the assessor of the county, suitable blank assessment rolls, prepared in accordance with the provisions of law; shall also provide suitable books and stationery for the use of each of the county officers of their county, together with appropriate cases and furniture for the safe and convenient keeping of all the books, documents, and papers belonging to each of said officers; and also shall provide official seals for each of said officers when the same are required by law. Source: G.L. § 466. G.S. § 549. R.S. 08: § 1209. C.L. § 8688. CSA: C. 45, § 35. CRS 53: § 36-1-13. C.R.S. 1963: § 36-1-13. 30-11-114. New precincts - change boundaries - reduce number. The board of county commissioners may set off or organize new precincts, change the boundaries, or reduce the number of those already organized as the public good from time to time requires. Source: G.L. § 458. L. 1883: p. 121, § 1. G.S. § 541. R.S. 08: § 1218. C.L. § 8695. CSA: C. 45, § 42. CRS 53: § 36-1-14. C.R.S. 1963: § 36-1-14. 30-11-115. Board may appropriate for expositions. The board of county commissioners of any county in this state may make such appropriation as it may seem proper for the purpose of enabling such county to secure a proper representation of its interests in exhibits and expositions held in Colorado. Source: L. 1883: p. 244, § 2. G.S. § 539. R.S. 08: § 1211. C.L. § 8689. CSA: C. 45, § 36. CRS 53: § 36-1-15. C.R.S. 1963: § 36-1-15. Colorado Revised Statutes 2019 Page 139 of 433 Uncertified Printout 30-11-116. Appropriations for advertising or marketing. The boards of county commissioners of the several counties within the state of Colorado are authorized to appropriate money from the county general fund for the purpose of advertising or marketing the county. Source: L. 07: p. 320, § 1. R.S. 08: § 1212. C.L. § 8690. CSA: C. 45, § 37. L. 51: p. 297, § 10. CRS 53: § 36-1-16. C.R.S. 1963: § 36-1-16. L. 2008: Entire section amended, p. 5, § 1, effective July 1. 30-11-117. Commissioners to fill vacancies in county offices. In case a vacancy occurs in any county office, or in any precinct office in any county in this state, by reason of death, resignation, removal, or otherwise, the board of county commissioners of such county has power to fill such vacancy by appointment, subject to section 9 of article XIV of the state constitution, until an election can be held as provided by law. Source: G.L. § 474. G.S. § 553. R.S. 08: § 1240. C.L. § 8716. CSA: C. 45, § 63. CRS 53: § 36-1-17. C.R.S. 1963: § 36-1-17. 30-11-118. County attorney - county collector. The board of county commissioners of each county of the state, when the interests of the county require it, may employ an attorney, but the person appointed shall be a member of the bar of the supreme court of this state and at least twenty-five years of age. The board may also, when the business of the county requires it, appoint a county collector, whose duty it is to collect license moneys and other special dues of said county; such collector shall receive such compensation as may be allowed by the board of county commissioners. Source: G.L. § 565. G.S. § 558. L. 1887: p. 243, § 3. R.S. 08: § 1241. C.L. § 8717. CSA: C. 45, § 64. CRS 53: § 36-1-18. C.R.S. 1963: § 36-1-18. 30-11-119. New bond for officers, when. When the board of county commissioners of any county in this state deems the bond given by the sheriff or other officer of the county insufficient, or when in its opinion the sureties on said bond are insolvent or permanently removed from the county, or when it for any other reason considers said bond insufficient for the public security, it is lawful for the board to require of said sheriff or other officer a new bond, with such sureties and so conditioned as required by law in the first instance. Source: G.L. § 566. G.S. § 559. R.S. 08: § 1242. C.L. § 8718. CSA: C. 45, § 65. CRS 53: § 36-1-19. C.R.S. 1963: § 36-1-19. 30-11-120. Failure to file bond - office vacant. In case any sheriff or other officer refuses or neglects, for a period longer than thirty days after receiving notice, to give a new bond as required, it is lawful for the board of county commissioners to declare the office vacant and appoint some other person to fill the vacancy, who shall hold the office until a successor is elected or appointed. Colorado Revised Statutes 2019 Page 140 of 433 Uncertified Printout Source: G.L. § 567. G.S. § 560. R.S. 08: § 1243. C.L. § 8719. CSA: C. 45, § 66. CRS 53: § 36-1-20. C.R.S. 1963: § 36-1-20. 30-11-121. General accounting records. The board of county commissioners is responsible for the maintenance of the general accounting records of the county. It is the duty of the county treasurer, county clerk and recorder, county sheriff, and county assessor to furnish, as directed by the board of county commissioners, copies of any and all accounting, administrative, financial, recorded, or assessment records to a person appointed by the board of county commissioners for the purpose of utilizing computer or other record-keeping facilities. Such person shall serve at the pleasure of the board of county commissioners. Source: L. 69: p. 226, § 1. C.R.S. 1963: § 36-1-21. L. 75: Entire section amended, p. 992, § 1, effective June 4. 30-11-122. Conservation trust fund authorized. Each county in this state may create a conservation trust fund as provided in section 29-21-101, C.R.S. Source: L. 74: Entire section added, p. 433, § 3, effective July 1. C.R.S. 1963: § 36-122. 30-11-123. New business facilities - expansion of existing business facilities incentives - limitations - authority to exceed revenue-raising limitations - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the attraction of new private enterprise as well as the retention and expansion of existing private enterprise; that incentives are often necessary in order to attract private enterprise; and that providing such incentives stimulates economic development in the state and results in the creation and maintenance of new jobs. (b) Notwithstanding any law to the contrary, any county may negotiate for an incentive payment or credit with any taxpayer who establishes a new business facility, as defined in section 39-30-105 (7)(e), C.R.S., in the county. In no instance shall any negotiation result in an annual incentive payment or credit that is greater than the amount of the taxes levied by the county upon the taxable personal property located at or within the new business facility and used in connection with the operation of the new business facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (1) shall not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (1) shall not exceed thirty-five years, which does not include the term of any prior agreement. (1.5) (a) Notwithstanding any law to the contrary, a county may negotiate an incentive payment or credit for a taxpayer that has an existing business facility located in the county if, based on verifiable documentation, the county is satisfied that there is a substantial risk that the taxpayer will relocate the facility out of state. (b) The documentation required pursuant to paragraph (a) of this subsection (1.5) must include information that the taxpayer could reasonably and efficiently relocate the facility out of Colorado Revised Statutes 2019 Page 141 of 433 Uncertified Printout state and that at least one other state is being considered for the relocation. In order to be eligible for a payment or credit under this subsection (1.5), a taxpayer must identify the specific reasons why the taxpayer is considering leaving the state. (c) A county shall not give an annual incentive payment or credit under this subsection (1.5) that is greater than the amount of the taxes levied by the county upon the taxable personal property located at or within the existing business facility and used in connection with the operation of the existing business facility for the current property tax year. The term of an agreement made prior to August 6, 2014, pursuant to this subsection (1.5) shall not exceed ten years, and this limit includes any renewals of the original agreement. The term of an agreement made on or after August 6, 2014, pursuant to this subsection (1.5) shall not exceed thirty-five years, and this limit does not include the term of any prior agreement. A county shall not give an annual incentive payment or credit under this subsection (1.5), unless the board of county commissioners approves the payment or credit at a public hearing. (2) Notwithstanding any law to the contrary, any county may negotiate for an incentive payment or credit with any taxpayer who expands a facility, as defined in section 39-30-105 (7)(c), C.R.S., the expansion of which constitutes a new business facility, as defined in section 39-30-105 (7)(e), C.R.S., and that is located in the county. In no instance shall any negotiation result in an annual incentive payment or credit that is greater than the amount of the taxes levied by the county upon the taxable personal property directly attributable to the expansion, located at or within the expanded facility, and used in connection with the operation of the expanded facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (2) shall not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (2) shall not exceed thirty-five years, which does not include the term of any prior agreement. (3) For purposes of this section, "county" means any county or city and county. (4) (Deleted by amendment, L. 94, p. 2833, § 3, effective January 1, 1995.) (5) Any county that negotiates any agreement pursuant to the provisions of this section shall inform any municipality in which a new business facility would be located, or an existing or expanded business facility is located, whichever is applicable, of such negotiations. (6) Any county may adjust the amount of its tax levy authorized pursuant to the provisions of section 29-1-301, C.R.S., or pursuant to a county home rule charter, whichever is applicable, by an additional amount which does not exceed the total amount of annual incentive payments or credits made by such county in accordance with agreements negotiated pursuant to the provisions of this section or section 39-30-107.5, C.R.S. Source: L. 90: Entire section added, p. 1454, § 1, effective April 24. L. 91: (1) amended and (6) added, p. 723, § 1, effective May 24. L. 94: (1)(b), (2), (4), and (6) amended, p. 2833, § 3, effective January 1, 1995. L. 2002: (1)(b) and (2) amended, p. 1120, § 3, effective June 3. L. 2007: (1)(b) and (2) amended, p. 350, § 4, effective August 3. L. 2012: (1)(b) and (2) amended, (HB 12-1029), ch. 61, p. 219, § 3, effective August 8. L. 2013: (1.5) added and (5) amended, (HB 13-1206), ch. 374, p. 2203, § 1, effective August 7. L. 2014: (1)(b), (1.5)(c), and (2) amended, (SB 14-183), ch. 196, p. 720, § 1, effective August 6. Colorado Revised Statutes 2019 Page 142 of 433 Uncertified Printout Cross references: (1) For further provisions concerning the Colorado business incentive fund, see article 46.5 of title 24. (2) In 2012, subsections (1)(b) and (2) were amended by the "Save Colorado Jobs Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 61, Session Laws of Colorado 2012. 30-11-124. Fire planning authority. (1) The board of county commissioners of each county in the state, subject to the requirements of section 25-7-123, C.R.S., may prepare, adopt, and implement a county fire management plan that details individual county policies on fire management for prescribed burns, fuels management, or natural ignition burns on lands owned by the state or county. Such plans shall be developed in coordination with the county sheriff, the division of fire prevention and control in the department of public safety, and the appropriate state and local governmental entities. All interested parties shall have the opportunity to comment on the plan prior to its adoption and implementation. (2) County fire management plans created pursuant to subsection (1) of this section shall: (a) Clearly define appropriate responses in order to mitigate immediate threats to public safety; and (b) Set forth the conditions under which prescribed or natural ignition fires shall be managed. (3) Any county that adopts and adheres to a county fire management plan shall be accorded liability protection pursuant to article 10 of title 24, C.R.S. (4) Federal government agencies, subject to the provisions of sections 25-7-106 (7) and (8) and 25-7-114.7 (2)(a)(III), C.R.S., and private landowners may enter into memoranda of understanding with the board of county commissioners to include public or private lands that are within the boundaries of the county under the county fire management plan. Counties may purchase an indemnification insurance policy and private landowners who enter into memoranda of understanding with the board shall have the opportunity to opt into such policy. (5) Nothing in this section shall infringe upon or otherwise affect the ability of agricultural producers to conduct burning on their property. Source: L. 2000: Entire section added, p. 1304, § 8, effective May 26. L. 2013: (1) amended, (SB 13-083), ch. 249, p. 1310, § 15, effective May 23. Cross references: For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 249, Session Laws of Colorado 2013. 30-11-125. Licensing program for building contractors - contents of program requirements - exceptions - definitions. (1) As used in this section, unless the context otherwise requires: (a) (I) "Building contractor" means a building contractor who for compensation directs, supervises, or undertakes any work for which a county building permit is required. A county licensing program established in accordance with the provisions of this section shall exclude from the definition of "building contractor" any person whose sole function in the work for Colorado Revised Statutes 2019 Page 143 of 433 Uncertified Printout which a county building permit is required is to perform labor under the supervision or direction of a building contractor. (II) "Building contractor" shall not include an electrician required to be licensed by the state pursuant to article 115 of title 12 or a plumber required to be licensed by the state pursuant to article 155 of title 12. (b) "County" means any county or city and county in the state. (c) "Municipality" means any home rule or statutory city or town in the state. (d) "Person" means any individual, corporation, limited liability company, partnership, association, or other legal entity. (2) Subject to the requirements of this section, any county that has adopted a building code may establish a licensing program to require a person who engages in the business of being a building contractor within the unincorporated areas of the county to obtain a license from the county prior to engaging in the business. The county may develop the licensing program in accordance with the requirements of this section, and any such program may include one or more of the following: (a) Procedures that a building contractor would follow in order to obtain or renew a license, including the submission of any documentation or information as may be required by the county; (b) A requirement that the building contractor achieve a passing grade on a nationally recognized examination promulgated by the international code council that is commonly used and accepted in the industry; (c) Specification of the duration of the license issued by the county; (d) Subject to the requirements of subsection (3) of this section, the imposition of a reasonable fee to be charged by the county to a building contractor to cover the costs of any testing required to be performed by the county, the processing of the application, or any other costs incurred by the county in connection with the issuance or renewal of a license; or (e) Grounds for the revocation or suspension of a license issued by the county, grounds for the revocation or suspension of a building permit issued for a project for which the building contractor is found not to be in compliance with the county's licensing requirements, or grounds for the imposition of any lesser sanction, which shall be based on objective standards and criteria developed from the county building code, and procedures to be followed by the county in carrying out the revocation, suspension, or other sanction based upon such grounds, including a process for appealing any sanction so imposed. (3) Any county that establishes a licensing program pursuant to this section shall issue a license to a building contractor holding a valid license issued by another county or municipality in the state without requiring the building contractor to take or achieve a passing grade on any examination conducted by the county if the license issued by such other county or municipality required the building contractor to achieve a passing grade on a nationally recognized examination promulgated by the international code council commonly used and accepted in the industry. In the case of a building contractor holding a valid license issued by another county or municipality in the state, the fee charged by a secondary county for issuance or renewal of a license in accordance with the requirements of this section shall be reasonable and limited to costs incurred by the secondary county in processing the application and otherwise administering the issuance or renewal of a license required by this section. Colorado Revised Statutes 2019 Page 144 of 433 Uncertified Printout (4) If a building contractor applying for a license complies with the requirements for obtaining a license established by the county, the county shall issue a provisional license to the building contractor no later than seven business days after the building contractor has submitted a complete application. Notwithstanding the provisions of subsection (5) of this section, any failure on the part of the county to issue a nonprovisional license within forty-five days after submission of a complete application to a building contractor who has otherwise satisfied all other requirements for obtaining a license shall not preclude the building contractor from engaging in the business of being a building contractor and applying for a building permit for unincorporated areas of the county. (5) Except as otherwise provided in subsection (4) of this section, no person shall engage in the business of being a building contractor within the unincorporated areas of any county that has adopted a licensing program created pursuant to this section unless the person holds a valid license issued or recognized by the county in accordance with the requirements of this section. (6) Notwithstanding any other provision of this section: (a) The provisions of this section shall apply to any licensing program operated or administered by a county that is in existence as of August 3, 2007. Any licensing program operated or administered by a county as of August 3, 2007, that satisfies or is amended to satisfy the requirements of this section is hereby ratified as compliant with the requirements of this section and need not be reestablished by the county. (b) Nothing in this section shall be construed to require any individual to hold a license to perform repair or maintenance work on his or her own property, nor shall it prevent a person from employing an individual on either a full-time or a part-time basis to perform repair or maintenance work on his or her own property who is not licensed under the provisions of this section. Source: L. 2007: Entire section added, p. 392, § 1, effective August 3. L. 2019: (1)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, § 214, effective October 1. 30-11-126. Workforce development - incentives - limitations - authority to exceed revenue-raising limitations - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that: (I) The health, safety, and welfare of the people of Colorado as well as the economic development and growth of local communities in the state depend on the development of a workforce that meets the needs of employers in the state; (II) Financial incentives are often necessary to attract resources for workforce development, and such incentives can be particularly effective when offered at the local level; and (III) Providing such incentives stimulates economic development in the state and results in the creation and maintenance of new jobs. (b) The general assembly further finds and declares that it is in the best interests of the citizens of the state and the economic development of local governments within the state to create an incentive at the county level for taxpayers to contribute to a program that allows counties to provide financial assistance to county residents to pursue post-secondary education or training. (2) For purposes of this section, "county" means any county or city and county. Colorado Revised Statutes 2019 Page 145 of 433 Uncertified Printout (3) Any county may establish a workforce development program, to be known as "bright future Colorado", to provide financial assistance to county residents who pursue post-secondary education or training from an accredited institution of higher education or certified training program. A county workforce development program may include, but need not be limited to, county residents who are high school graduates, county residents who have successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., or county residents who are veterans. Any county that establishes a workforce development program may also establish a workforce development fund to accept contributions for the purpose of the program. (4) (a) Notwithstanding any law to the contrary, a county that has established a workforce development program may offer an incentive, in the form of a county property tax credit or rebate, to a residential or commercial property owner in the county who contributes to a county workforce development fund. (b) A county shall not make any appropriation in furtherance of a workforce development program or give any credit or rebate pursuant to this section unless the board of county commissioners approves the total program amount annually at a public budget hearing. Source: L. 2015: Entire section added, (SB 15-082), ch. 11, p. 25, § 1, effective August 5. 30-11-127. Pioneer trail - designation - signs. (1) The board of county commissioners may designate, by resolution, any public roads in the county as a section of a pioneer trail. A pioneer trail consists of public roads that follow as closely as possible the original trails or routes of travel of national historic significance. To make such designation, the board must identify all of the roads that make up the pioneer trail. The board shall not designate a pioneer trail across public lands on a road administered by the federal government unless the road is designated as open to travel by the appropriate federal land management agency. Except as set forth in subsection (2) of this section, the designation of the pioneer trail is effective upon the date of the resolution. (2) If a county designates any portion of a state highway as a pioneer trail, the designation is not effective unless the general assembly, acting by joint resolution, also designates the portion of the state highway as part of the pioneer trail. (3) If any of the designated roads are part of the state highway system, the board of county commissioners shall send a copy of the resolution to the department of transportation. If any of the designated roads are on public lands administered by the federal government, the board shall send a copy of the resolution to the appropriate federal land management agency. (4) A county may post, or allow to be posted, identifying and informative signs related to the pioneer trail along county roads. (5) The authority to designate a pioneer trail is intended to highlight Colorado's cultural and historical heritage and to promote historical tourism and education. Nothing in this section affects existing rights-of-way or ownership of public roads. Source: L. 2016: Entire section added, (HB 16-1106), ch. 107, p. 308, §1, effective August 10. Colorado Revised Statutes 2019 Page 146 of 433 Uncertified Printout 30-11-128. Mobile home parks - definition. (1) The board of county commissioners of each county has the power to adopt, administer, and enforce ordinances and resolutions to provide for the safe and equitable operation of mobile home parks throughout the unincorporated areas of the county. These ordinances and resolutions may be enacted within the scope of the "Mobile Home Park Act", part 2 of article 12 of title 38, and further as the board deems necessary to protect home owners' equity in the safe use and enjoyment of the mobile homes and mobile home lots, including but not limited to the imposition of penalties or adoption of a local registration system. (2) Except as provided in subsection (3) of this section, an ordinance or resolution enacted by a county's board of county commissioners is only enforceable within the unincorporated area of the county. (3) One or more contiguous counties and any municipality or town within each county may enter into intergovernmental agreements to extend the applicability of any ordinance or resolution adopted under this section to and throughout any participating county, municipality, or town. (4) For purposes of this section, "home owner", "landlord", "mobile home", "mobile home lot", and "mobile home park" have the same meaning as they are defined in section 38-12201.5. Source: L. 2019: Entire section added, (HB 19-1309), ch. 281, p. 2627, § 3, effective May 23. Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019. PART 2 CITY AND COUNTY OF DENVER 30-11-201. Merger not to affect pending actions. No action or proceeding to which any municipality merged into the city and county of Denver is a party or in which it is in any way interested shall abate by reason of such merger, but the same shall survive and be prosecuted to a conclusion under its title as borne by it at the time of such merger; and any judgment or decree entered therein shall be enforceable by or against the city and county of Denver to the full extent of the interest or liability of the said municipality so merged, the same as if said city and county of Denver were expressly made a party thereto. No right or cause of action by or against any such municipality so merged shall be lost or extinguished by reason of such merger, and the same shall be thereafter enforced and prosecuted by or against the city and county of Denver. Source: L. 01: p. 167, § 1. R.S. 08: § 2080. C.L. § 8969. CSA: C. 53, § 1. CRS 53: § 36-18-1. C.R.S. 1963: § 36-18-1. 30-11-202. Laws applicable. (Repealed) Colorado Revised Statutes 2019 Page 147 of 433 Uncertified Printout Source: L. 01: p. 168, § 2. R.S. 08: § 2081. C.L. § 8970. CSA: C. 53, § 2. CRS 53: § 36-18-2. C.R.S. 1963: § 36-18-2. L. 2003: Entire section repealed, p. 914, § 22, effective August 6. 30-11-203. Records concerning charter amendment. It is the duty of the secretary of state to carefully preserve all certified charters and charter amendments and measures, and the record of votes thereon, that come to his office under the operation of the constitutional amendment creating the city and county of Denver. He shall publish them in the next ensuing volume of the session laws of the state. The originals, during office hours, shall be open to the inspection of the public. Source: L. 01: p. 168, § 4. R.S. 08: § 2082. C.L. § 8971. CSA: C. 53, § 3. CRS 53: § 36-18-3. C.R.S. 1963: § 36-18-3. 30-11-204. Channel of Platte river - improvement. The city council of the city and county of Denver is authorized to improve, change, straighten, widen, narrow, deepen, or extend the channel of the South Platte river within the city and county of Denver. Source: L. 15: p. 198, § 1. C.L. § 8974. CSA: C. 53, § 6. CRS 53: § 36-18-6. C.R.S. 1963: § 36-18-6. 30-11-205. City to control channel. The width, depth, course, and dimensions of said channel shall be as established by ordinance duly enacted by the council of the city and county of Denver, and said city and county has the power to acquire by purchase or condemnation all lands necessary to improve, straighten, widen, narrow, deepen, or extend said channel, and the public works department has exclusive control of the construction of said improvement. Source: L. 15: p. 198, § 2. C.L. § 8975. CSA: C. 53, § 7. CRS 53: § 36-18-7. C.R.S. 1963: § 36-18-7. 30-11-206. Improvement of channel beyond city limits. The city and county of Denver is empowered to extend and improve said channel beyond and outside the limits of the city and county of Denver when in the opinion of the council of said city and county the extension and improvement of said channel beyond the boundary line of said city and county shall more effectually and advantageously accomplish the purpose and object of sections 30-11204 to 30-11-207, and cause said improvement to be more beneficial to the inhabitants of the city and county of Denver and promote and protect the general health and general welfare. Source: L. 15: p. 199, § 3. C.L. § 8976. CSA: C. 53, § 8. CRS 53: § 36-18-8. C.R.S. 1963: § 36-18-8. 30-11-207. Obstructions or pollutions. The city council of the city and county of Denver may enact and adopt ordinances for the purpose of preventing and removing obstructions in said channel or encroachments upon the same or polluting the waters thereof; and to in every Colorado Revised Statutes 2019 Page 148 of 433 Uncertified Printout manner control, regulate, and protect said property when improved in whole or in part, and provide for a penalty for the violation of any of said ordinances. Source: L. 15: p. 199, § 4. C.L. § 8977. CSA: C. 53, § 9. CRS 53: § 36-18-9. C.R.S. 1963: § 36-18-9. 30-11-208. Contract - teleconferencing facilities and services. The city and county of Denver may enter into a contract with the state telecommunications director pursuant to the provisions of section 24-37.5-503, C.R.S., for the providing of teleconferencing facilities and services between the city and county of Denver and any other county or state agency to be used for teleconferencing of hearings relating to any person in the custody of the city and county of Denver. Source: L. 85: Entire section added, p. 807, § 3, effective May 23. L. 2008: Entire section amended, p. 1131, § 17, effective May 22. Cross references: For the authority of the board of county commissioners to enter into a contract for teleconferencing facilities and services, see § 30-11-107 (1)(x). PART 3 OIL, GAS, AND MINERAL RIGHTS 30-11-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Landfill-generated methane gas" means those gases resulting from the biological decomposition of landfilled solid wastes, including methane, carbon dioxide, hydrogen, and traces of other gases, and shall be referred to in this part 3 as "landfill gas". (1.5) "Oil and gas" means oil, gas, casinghead gas, condensate, and hydrocarbons or any one or more of them. (2) "Real estate owned by a county" and "county lands" means any real estate acquired and owned by a county under the laws relating to taxation or otherwise. Source: L. 49: p. 328, § 5. CSA: C. 45, § 25(5). CRS 53: § 36-11-5. C.R.S. 1963: § 3611-5. L. 80: (1) amended and (1.5) added, p. 651, §§ 1, 2, effective July 1. Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d). 30-11-302. Oil, gas, and mineral rights - reservation of - sale. (1) In any sale of county lands made by any county acting through its board of county commissioners, a valid reservation of oil and gas and other minerals in such lands may be made when in the opinion of the board of county commissioners it is deemed to be for the best interest of the county. Oil and gas and other mineral rights or any of them thus reserved by a county upon the sale of such real estate may be sold by order of the board of county commissioners at public sale to the highest and best bidder after four weeks' prior notice by publication two times in a newspaper of general circulation in the county in which the land is situated, said notice to describe the oil and gas or Colorado Revised Statutes 2019 Page 149 of 433 Uncertified Printout other mineral rights to be sold, the location of the land involved, and the date, time, and place of such sale; but a copy of said notice shall be mailed, postage prepaid, by the board of county commissioners to the owner of the surface at the time of such notice as shown by the records in the office of the county assessor of the county in which such lands are situated at the last known address of such owner as shown by said books of the county assessor, and that a copy of said notice shall be mailed, postage prepaid, by the board of county commissioners to the person in possession of the surface. (2) In the sale of reserved oil and gas rights under any tract of land, the number of acres contained in any one parcel or unit of sale of such rights shall not exceed the total number of acres of such surface land sold by the county to the purchaser thereof at the time of reservation therefrom of the oil and gas rights thus offered for sale. Nothing contained in this section shall prevent a county from selling any number of such units or parcels at any public sale. The board of county commissioners has the right to reject any and all bids. (3) Mineral rights, other than oil and gas, reserved as provided in this section may be leased for exploration, development, and production purposes upon such terms and conditions as may be prescribed and contracted by the board of county commissioners in the exercise of its best judgment and as such board deems to be for the best interests of the county. Any such lease of mineral rights, other than oil and gas, shall be for a term not to exceed twenty-five years and as long thereafter as such minerals are produced. Leases of any such mineral rights made or entered into by the board in conformity with the provisions of this section prior to February 25, 1955, are hereby confirmed, validated, and declared to be legal and valid insofar as the authority of any such board is concerned. Source: L. 49: p. 326, § 1. CSA: C. 45, § 25(1). CRS 53: § 36-11-1. L. 55: p. 255, § 1. C.R.S. 1963: § 36-11-1. 30-11-303. Oil and gas rights - leases - royalties. (1) Any county acting by its board of county commissioners may lease any real estate or any interest therein owned by the county for oil and gas exploration, development, and production purposes upon such terms and conditions as may be prescribed and contracted by the board of county commissioners in the exercise of its best judgment, and as such board deems to be for the best interests of the county. (2) Any such lease of oil and gas rights shall be for a term not to exceed five years and as long thereafter as oil or gas is produced and shall provide for a royalty of not less than twelve and one-half percent of all oil and gas produced, saved, and marketed, or the equivalent market value thereof, which royalty may be reduced proportionately under appropriate provision in such lease if the interest of the county is less than a full interest in the land or oil and gas rights in the land described in such lease. (3) When, in the opinion of the board of county commissioners and because of the size, shape, or current use of any tract of county real estate, the public interest so requires, any lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the county may share in royalties payable on account of production of oil or gas from lands adjacent to such tract of county land so leased. Colorado Revised Statutes 2019 Page 150 of 433 Uncertified Printout Source: L. 49: p. 327, § 2. CSA: C. 45, § 25(2). L. 53: p. 218, § 1. CRS 53: § 36-11-2. C.R.S. 1963: § 36-11-2. 30-11-304. Agreements to pool lands for production purposes. When deemed by the board of county commissioners to be in the best interest of the county, any county acting by its board of county commissioners may enter into any unit agreement providing for the pooling or consolidation of acreage covered by any oil and gas lease executed by such county with other acreage for oil and gas exploration, development, and production purposes and providing for the apportionment or allocation of royalties among the separate tracts of land included in such unit agreement on an acreage or other equitable basis, and may by such agreement, with the consent of its lessee, change any and all of the provisions of any lease issued by such county including the term of years for which such lease was originally granted in order to conform such lease to the terms and provisions of such unit agreement and to facilitate the efficient and economic production of oil and gas from the unit lands. Source: L. 49: p. 327, § 3. CSA: C. 45, § 25(3). CRS 53: § 36-11-3. C.R.S. 1963: § 3611-3. 30-11-305. Prior agreements validated. All reservations of oil and gas and other mineral rights and sales of previously reserved oil and gas and other mineral rights in county lands made or entered into by any county prior to May 20, 1949, acting by its board of county commissioners, all leases of oil and gas or rights, and all unit agreements relating to or dealing with oil and gas and containing provisions similar to those set forth in section 30-11-304, affecting county lands, made or entered into by any county prior to May 20, 1949, acting by its board of county commissioners are hereby confirmed, validated, and declared to be legal and valid in all respects. Source: L. 49: p. 327, § 4. CSA: C. 45, § 25(4). CRS 53: § 36-11-4. C.R.S. 1963: § 3611-4. 30-11-306. Legislative declaration concerning landfill gas. The general assembly hereby declares that landfill gas constitutes a hazard to the health, welfare, and safety of the people of this state, whether such gas has accumulated as a result of a public or private landfill operation, and that the extraction of landfill gas will ameliorate this dangerous condition, and further declares that the development of landfill gas will provide a valuable, alternate energy resource to the citizens of this state. In order to diminish this hazard and utilize this energy resource, the powers of counties are hereby expanded to authorize landfill gas exploration, development, and production; the financing thereof; the marketing and sale of landfill gas to any public or private person or entity; and the county use thereof for any purpose. Source: L. 80: Entire section added, p. 651, § 3, effective July 1. 30-11-307. County authority relating to landfill gas. (1) To accomplish the purposes specified in section 30-11-306, counties are granted the following powers: Colorado Revised Statutes 2019 Page 151 of 433 Uncertified Printout (a) To acquire, hold, use, transfer, and convey any real property or any interest therein for purposes of landfill gas exploration, production, and development; (b) To engage in any and all activities respecting the exploration, development, production, distribution, marketing, and sale of landfill gas to any person or public or private entity, or for county uses; (c) (I) To acquire by gift, purchase, or condemnation necessary easements and rights-ofway, for ingress and egress and for the installation of facilities related to collection and distribution of landfill gas; except that the power of condemnation granted in this paragraph (c) shall not extend to acquisition of landfill gas in place nor shall such power be available to a county until the county has entered into a contract with the owner of such landfill gas for the development, extraction, and purchase of such landfill gas, and except that such condemnation shall not interfere with the normal use of any real property, or other property appurtenant thereto, which is devoted or dedicated to a public utility use or upon which landfill gas abatement or recovery facilities have been placed in operation and shall be limited to the maximum reasonable width or area necessary to install, operate, and maintain such rights-of-way, ingress and egress, and collection and distribution facilities. (II) Any interest in real property acquired by condemnation pursuant to this paragraph (c) shall terminate upon the completion of use of such real property, or any interest therein, for landfill gas operations, and any such condemnation shall be in the manner provided in part 1 of article 6 of title 38, C.R.S. (d) To enter into contracts, including intergovernmental contracts, and to perform all acts necessary to produce, distribute, and market landfill gas; (e) To issue general obligation bonds, after approval of the qualified electors of the county, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas; (f) To issue revenue bonds authorized by action of the board of county commissioners, without the approval of the qualified electors of the county, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas. Such revenue bonds shall be issued in the manner provided in part 4 of article 35 of title 31, C.R.S., for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at par, or below or above par, at public or private sale, in such manner and for such price as the county, in its discretion, shall determine. Such revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the state constitution or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and such revenue bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes. Source: L. 80: Entire section added, p. 652, § 3, effective July 1. Cross references: For municipal provisions concerning landfill gas, see §§ 31-15-715 and 31-15-716. PART 4 Colorado Revised Statutes 2019 Page 152 of 433 Uncertified Printout LAW ENFORCEMENT AUTHORITIES 30-11-401. Short title. This part 4 shall be known and may be cited as the "Law Enforcement Authority Act of 1969". Source: L. 69: p. 239, § 2. C.R.S. 1963: § 36-27-2. 30-11-402. Legislative declaration. It is the intent of the general assembly in the enactment of this part 4 to provide an alternative and additional means to provide law enforcement for the citizens of this state, especially those residing in developed or developing unincorporated areas of counties, to combat the rising crime rate therein, and to better assist police and other law enforcement agencies in the prevention of crime and in the detection and apprehension of criminal offenders. Source: L. 69: p. 239, § 1. C.R.S. 1963: § 36-27-1. L. 71: p. 346, § 1. 30-11-403. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Area" or "territory" means all areas of land in a county included or proposed to be included in a law enforcement authority, which may consist of all or a portion of the unincorporated area of the county but may not include any single tract or parcel of property containing twenty acres or more without the written consent of the owner thereof, unless such tract or parcel would be entirely within the boundaries of an area. (2) (a) (I) An "elector" of an authority means a person who, at the designated time or event, is registered to vote in general elections in this state; and (II) Who has been a resident of the authority or the area to be included in the authority for not less than thirty days; or (III) Who or whose spouse owns taxable real or personal property within the authority or the area to be included within the authority, whether or not said person resides within the authority. (b) A person who is obligated to pay general taxes under a contract to purchase real property within the authority shall be considered an owner within the meaning of this subsection (2). The ownership of property on which a specific ownership tax is paid pursuant to law shall not qualify a person as an elector. Taxable property shall mean real or personal property subject to general ad valorem taxes. (c) Registration pursuant to the general election laws or any other laws shall not be required. (3) "Law enforcement authority", referred to in this part 4 as an "authority", means a taxing unit which may be created by a county in this state for the purpose of providing additional law enforcement by the county sheriff to the residents of the developed or developing unincorporated area of the county. (4) "Publication", when no manner of publication is specified, means publication once a week for three consecutive weeks in a newspaper of general circulation in the area of the authority. It shall not be necessary that publication be made on the same day of the week in each of the three consecutive weeks, but not less than fourteen days, excluding the day of first Colorado Revised Statutes 2019 Page 153 of 433 Uncertified Printout publication, shall intervene between the day of the first publication and the day of the last publication, and publication shall be complete on the day of the last publication. Source: L. 69: p. 239, § 3. C.R.S. 1963: § 36-27-3. L. 70: p. 144, § 17. L. 71: pp. 337, 346, 348, §§ 4, 2, 3, 9. L. 96: (2)(a) amended, p. 1767, § 59, effective July 1. Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d). 30-11-404. Organization of authority. (1) The board of county commissioners of any county in this state may by resolution create an authority pursuant to the provisions of this part 4, which authority shall be a political subdivision of this state. (2) No resolution creating an authority under this part 4 shall be adopted by a board of county commissioners unless prior notice of such action, including the date, time, and place of meeting of said board, shall be made by publication, and an opportunity to be heard in person or by counsel shall be afforded to persons desiring to appear. (3) The resolution creating such an authority shall contain the following: (a) The name of the proposed district, which shall include the name of the county and the words "law enforcement authority"; (b) A general description of the territory included in the authority, with such certainty to enable a property owner to determine whether or not his property is within the authority; and (c) Where applicable, the specific powers and duties of the authority, as provided in this part 4, but if the authority is authorized to exercise all such powers and duties under this part 4, only a general statement to this effect need be included. (4) The resolution creating any such authority shall not take effect until thirty days following the canvass of votes cast at the election conducted pursuant to section 30-11-405. (5) On the effective date of such resolution, the board of county commissioners shall, ex officio, constitute the governing board of the authority and shall exercise the powers and duties prescribed in this part 4 and in the resolution. Source: L. 69: p. 240, § 4. C.R.S. 1963: § 36-27-4. L. 71: p. 347, § 4. 30-11-405. Election. (1) The board of county commissioners shall call a special election in the area proposed to be included in the authority, as described in the resolution, which election shall be held not less than thirty nor more than forty-five days after adoption of the resolution by the board of county commissioners. (2) No authority shall be created unless the proposition to create such authority shall first be submitted to and approved by the electors of the authority. (3) Notice of the election shall be by publication and shall contain the question to be submitted, the date of the election, the times that the polls shall be open, and the place of each polling place. Designation of election precincts and polling places and election contests shall be pursuant to the provisions of part 8 of article 1 of title 32, C.R.S. (4) Said election shall otherwise be conducted, insofar as practicable, as are general elections. Election judges shall be appointed and compensated by the board of county commissioners, and their powers and duties shall be defined and exercised pursuant to the comparable provisions of law governing general elections, except that they shall be appointed Colorado Revised Statutes 2019 Page 154 of 433 Uncertified Printout without regard to political affiliation. All costs of such election shall be paid out of the county general fund. (5) If a majority of those electors of the authority voting at said election have voted in favor of such proposition, said authority shall be approved and the resolution creating the same shall become effective as provided in section 30-11-404. Source: L. 69: p. 240, § 5. C.R.S. 1963: § 36-27-5. L. 70: p. 145, § 18. L. 71: pp. 337, 347, 348, §§ 5, 7, 5, 9. L. 81: (3) amended, p. 1612, § 10, effective June 19. 30-11-406. Powers of law enforcement authority. (1) Each law enforcement authority formed pursuant to this part 4 has the following powers, except as otherwise limited by the resolution creating the same: (a) To have perpetual existence; (b) To sue and be sued and be a party to suits, actions, and proceedings; (c) To enter into contracts and agreements with the sheriff of the county in which the authority is located to provide law enforcement services for the authority, except as otherwise provided in this part 4; (d) To employ such administrative, clerical, and professional employees as may be necessary to carry out the purposes of the authority; (e) To levy a tax not to exceed five mills for the 1982 property tax year or seven mills for the 1983 property tax year and each property tax year thereafter on the taxable property within the area of the authority, for the payment of the operating expenses of the authority. In any case in which an authority proposes to impose a mill levy which is the maximum mill levy allowable under this paragraph (e) or which is in excess of the certified mill levy computed pursuant to section 30-11-406.5, such authority shall follow the procedure set forth in section 3011-406.5. Source: L. 69: p. 241, § 6. C.R.S. 1963: § 36-27-6. L. 81: (1)(e) amended, p. 1399, § 13, effective June 19. 30-11-406.5. Procedure for levying property tax - public disclosure - county assessor's duties. (1) No later than August 25 of each year, each county assessor shall certify to each authority within the assessor's county the total valuation for assessment of all taxable property located within the territorial limits of the authority and the mill levy that when applied to such valuation for assessment, exclusive of the increased valuation for assessment attributable to annexation or inclusion of additional land, the improvements thereon, and personal property connected therewith within the authority for the preceding year, or attributable to new construction and personal property connected therewith within the authority for the preceding year, or attributable to increased volume of production for the preceding year by a producing mine if said mine is wholly or partially within the authority and if such increase in volume of production causes an increase in the level of services provided by the authority, or attributable to previously legally exempt federal property that becomes taxable if such property causes an increase in the level of services provided by the authority, will raise the same property tax revenue as was raised the previous year. Colorado Revised Statutes 2019 Page 155 of 433 Uncertified Printout (2) Any authority which proposes to impose a mill levy in excess of the mill levy for the previous year shall submit such proposal at an election in accordance with section 20 of article X of the state constitution and title 1, C.R.S. (3) to (6) (Deleted by amendment, L. 94, p. 1188, § 84, effective July 1, 1994.) Source: L. 81: Entire section added, p. 1399, § 14, effective June 19. L. 82: (1) amended, p. 458, § 3, effective March 17. L. 83: (1) amended, p. 2073, § 3, effective October 13. L. 87: (1) amended, p. 1188, § 3, effective March 12. L. 94: Entire section amended, p. 1188, § 84, effective July 1. L. 96: (1) amended, p. 17, § 2, effective February 22. 30-11-407. Short-term loans for new authorities. In order to provide funds for a new authority to operate prior to the receipt of revenues from property taxes, an authority may contract with any person, corporation, association, or company for a short-term loan, not to exceed the amount necessary for such operation, and such loan shall be fully paid within twelve months; but subsequent short-term loans may be made in each budget year in smaller amounts and shall be paid within six months. Such subsequent loans shall be scheduled to liquidate the accumulated debt fully in a period not to exceed ten years after the date of the first loan. Interest paid on such loans shall be exempt from taxation by the state or any political subdivision thereof. Source: L. 69: p. 241, § 7. C.R.S. 1963: § 36-27-7. 30-11-408. Detachment - dissolution. (1) Upon the effective date of the annexation to any city, town, or city and county, or the incorporation of any territory included in an authority, upon the certification thereof by the clerk of such municipality, the territory so annexed or incorporated shall be detached from such authority as of the effective date thereof, if such be January 1 of any year; otherwise, such detachment shall take effect on the following January 1, for purposes of general property taxation. Property so detached shall not thereafter be liable for any portion of the outstanding indebtedness of the authority. (2) Upon the annexation or incorporation of fifty percent or more of the area of the territory included in any authority, or upon petition by ten percent of the electors and the approval of a majority of the electors of the authority voting at a special election called for that purpose, pursuant to the applicable provisions of section 30-11-405, any authority formed under this part 4 shall be dissolved effective the following January 1, except that if any indebtedness of the authority is unpaid and outstanding, the authority shall continue in existence for taxation purposes only until all obligations of the authority are paid. Source: L. 69: p. 241, § 8. C.R.S. 1963: § 36-27-8. L. 70: p. 146, § 19. L. 71: pp. 337, 347, §§ 6, 6. 30-11-409. Payments to sheriff. Moneys paid to any sheriff for services pursuant to the provisions of this part 4 shall be expended by the sheriff only for law enforcement purposes, including administration and capital expenditures, pursuant to agreements entered into as authorized by this part 4. Source: L. 69: p. 241, § 9. C.R.S. 1963: § 36-27-9. Colorado Revised Statutes 2019 Page 156 of 433 Uncertified Printout 30-11-410. Power to contract for provision of law enforcement services. (1) The governing body of a municipality and the board of county commissioners may contract for the purpose of providing law enforcement, including enforcement of municipal ordinances, by the sheriff within the boundaries of the municipality. (2) The law enforcement authority and the sheriff may contract with other law enforcement agencies or with municipalities for the provision of law enforcement services within the unincorporated areas of the county. Source: L. 71: p. 347, § 8. C.R.S. 1963: § 36-27-10. L. 89: Entire section amended, p. 1270, § 3, effective April 23. 30-11-411. Inclusion of land. An additional area may be included in a law enforcement authority, upon petition of all electors and landowners in such area, by resolution of the board of county commissioners or by such resolution and a vote of a majority of electors of such area in the same manner as provided for the organization of a law enforcement authority. Source: L. 71: p. 348, § 8. C.R.S. 1963: § 36-27-11. PART 5 COUNTY HOME RULE CHARTERS Cross references: For provisions on home rule counties, see article 35 of this title. 30-11-501. County home rule charters. Any county in this state, pursuant to the provisions of this part 5, may establish the organization and structure of county government which shall be submitted to and adopted by a majority vote of the registered electors of the county which shall be known as a county home rule charter. Source: L. 71: p. 349, § 1. C.R.S. 1963: § 36-28-1. L. 85: Entire section amended, p. 1344, § 8, effective April 30. 30-11-502. Charter commission. (1) Following the adoption of a resolution by the board of county commissioners, or upon the submission of a petition of not less than five percent of the registered electors of the county, requesting that a charter commission be established, the board of county commissioners shall call an election to be held on or before the next general election for the purpose of determining whether or not a charter commission shall be elected. The board of county commissioners shall publish notice of the election at least sixty days prior to the election. (2) (a) At least sixty days before the election provided for in section 30-11-503, the board of county commissioners shall divide the county into three compact districts; such districts to be as nearly equal in population as possible, for the purpose of electing charter commission members by district according to subsection (4) of this section. (b) If the provisions of paragraph (a) of this subsection (2) are not met before sixty days prior to the election provided for in section 30-11-503, no member of the board of county Colorado Revised Statutes 2019 Page 157 of 433 Uncertified Printout commissioners of the county shall thereafter be entitled to or earn any compensation for his services or receive any payment for salary or expenses, nor shall any member be eligible to succeed himself in office. (3) (a) The charter commission shall consist of the following members and be elected from the district as follows: (I) In counties having a population of less than fifty thousand, eleven members, three of whom shall reside in and be elected from each commissioner district within the county and two to be elected at large; (II) In counties having a population of fifty thousand or more, twenty-one members, six of whom shall reside in and be elected from each commissioner district and three to be elected at large. (b) Eligibility to serve on the commission shall extend to all qualified electors of the county. Any vacancy in the charter commission shall be filled by majority vote of the members of the charter commission. (4) Candidates for the charter commission shall be nominated by filing with the county clerk and recorder, on forms supplied by the county clerk and recorder, a nomination petition signed by at least twenty-five registered electors of the county and a statement by the candidate consenting to serve if elected. Said petition and statement must be filed within thirty days after publication of the election notice. A second notice of the election shall be published by the said commissioners and include the names of candidates for the charter commission. Source: L. 71: p. 349, § 1. C.R.S. 1963: § 36-28-2. L. 85: (1) and (4) amended, p. 1344, § 9, effective April 30. Editor's note: In 2004, the provisions within subsection (3) were renumbered on revision to conform to statutory format. 30-11-503. Election on formation of charter convention and designation of members. (1) At the election, voters shall cast ballots for or against forming the charter commission. If a majority of the registered electors voting thereon vote for forming the charter commission, a commission to frame a charter shall be deemed formed. (2) At the election voters shall also cast ballots for electing the requisite number of charter commission members. Those candidates receiving the highest number of votes shall be elected. In the event of tie votes for the last available vacancy, the clerk shall determine by lot the person who shall be elected. Source: L. 71: p. 350, § 1. C.R.S. 1963: § 36-28-3. L. 85: (1) amended, p. 1345, § 10, effective April 30. 30-11-504. Development of proposed charter. (1) A charter commission elected pursuant to section 30-11-503 shall meet on a date designated by the board of county commissioners for the purposes of organization within thirty days after the election. The charter commission shall elect a chairman and a vice-chairman from among its membership. Further meetings of the commission shall be held upon call of the chairman or a majority of the members of the commission. All meetings shall be open to the public. A majority of the charter Colorado Revised Statutes 2019 Page 158 of 433 Uncertified Printout commission shall constitute a quorum. The commission may adopt such other rules for its operations and proceedings as it deems necessary or desirable. Members of the commission shall receive no compensation but shall be reimbursed for necessary expenses pursuant to law. (2) The charter commission shall conduct a comprehensive study of the operation of county government and of the ways in which the conduct of county government might be improved or reorganized. Within two hundred forty days after its initial meeting, the charter commission shall present to the board of county commissioners a proposed charter, upon which it shall have held three public hearings at intervals of not less than fifteen nor more than thirty days, and notice of these public hearings shall be published not less than fifteen days prior to each public hearing in a newspaper of general circulation within the county. Within ten days of the last of such public hearings, the charter commission shall incorporate any amendments it deems desirable. A majority vote of the members of the charter commission in favor of a proposed charter for the county shall be required to forward said charter to the board of county commissioners for the setting of a referendum election as provided in section 30-11-505. (3) In the event that the charter commission fails to present a charter to the board of county commissioners after the specified time, the charter commission shall recess for a period of not less than thirty days nor more than ninety days. The board of county commissioners shall then call the charter commission to begin a second attempt to present a charter which shall be presented within a period of ninety days. In the event a second attempt to present a charter to the board of county commissioners also fails, the charter commission shall be excused from its duties and dissolved by the board. All records, files, and proceedings of the charter commission shall be submitted to the board of county commissioners for storage and safekeeping as a public record. A new charter commission shall be elected on dissolution as provided in section 30-11502. (4) The board of county commissioners is authorized to establish a special county charter fund and establish a mill levy therefor when the charter commission has submitted a preliminary budget approved by the board of county commissioners. The expenses of the charter commission shall be verified by a majority vote of the commission and shall be submitted to the board of county commissioners for approval, which approval shall not be unreasonably withheld. If approved, payment shall be made from the special county charter fund. The charter commission may employ a staff, may consult and retain experts, and may purchase, lease, or otherwise provide for such supplies, materials, equipment, and facilities as it deems necessary or desirable. The board of county commissioners may accept funds, grants, gifts, and services for the charter commission from the state of Colorado, the government of the United States or any of its agencies, or other sources, public or private. Source: L. 71: p. 350, § 1. C.R.S. 1963: § 36-28-4. L. 75: Entire section amended, p. 993, § 1, effective June 4. 30-11-505. Referendum election on charter - adoption or rejection. (1) Upon submission to the board of county commissioners of a charter by the charter commission, the board of county commissioners shall call a special election, to be paid for from the special county charter fund and held pursuant to the Colorado election laws. The special election shall be held not more than ninety days nor less than forty-five days after the board of county commissioners receives the proposed charter; however, if a coordinated election or general Colorado Revised Statutes 2019 Page 159 of 433 Uncertified Printout election is to be held within sixty days after the board of county commissioners receives the proposed charter, the special election shall be held as part of the coordinated election or general election. The board of county commissioners shall publish in a newspaper of general circulation within the county a complete text of the proposed charter not less than ten days prior to the special election. At the special election a referendum of the registered electors of the county shall be held to determine the question of whether the proposed charter as submitted shall be adopted. Notice of the election on the proposed charter shall be published at least thirty days prior to the election. (2) If a majority of those voting on the question favor the adoption of the charter, the said charter shall become effective January 1 of the succeeding year or at such other time as the charter may provide. Such charter, once adopted by the electors, may be amended only by the registered electors of the county. (3) If a majority of the voters disapprove the proposed charter, the charter commission may proceed to prepare a revised proposed charter in the same manner provided for preparation, submission, and election on the proposed charter. The election on any revised proposed charter must be held not less than ninety nor more than one hundred eighty days after the election rejecting the proposed charter. The charter commission shall not submit more than one proposed charter and one revised proposed charter. If a majority of the voters disapprove the proposed charter, or the revised proposed charter, if one is submitted, no new referendum may be held during the next twelve months following the date of the last disapproval. (4) Upon acceptance or rejection of the proposed charter or the revised proposed charter, if one is submitted by the registered electors of the county, the charter commission shall be dissolved, and all property of the charter commission shall thereupon become the property of the county, and the board of county commissioners shall adopt a resolution to that effect. Source: L. 71: p. 351, § 1. C.R.S. 1963: § 36-28-5. L. 85: (1), (2), and (4) amended, p. 1345, § 11, effective June 4. L. 2006: (1) amended, p. 2036, § 25, effective June 6. 30-11-506. Procedure to amend or repeal charter. (1) Action to amend a charter shall be initiated by: (a) A petition signed by at least five percent of the registered electors of the county; or (b) A resolution adopted by the board of county commissioners submitting the proposed amendment to the registered electors. (2) Action to repeal a charter or to form a new charter commission may be initiated by a petition signed by at least fifteen percent of the registered electors of the county. (3) (a) Within thirty days of initiation of a proposed amendment, repeal, or charter convention measure, the board of county commissioners shall publish notice of and call an election to be held not less than thirty nor more than one hundred twenty days after said publication. The text of any proposed amendment shall be published with said notice. (b) If the proposal is for a charter commission, the election shall be scheduled at least sixty days after publication of the notice. The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with provisions relating to formation and functioning of an initial charter commission. (4) If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved. If a majority of the registered electors Colorado Revised Statutes 2019 Page 160 of 433 Uncertified Printout voting thereon vote for repeal of the charter, the charter shall be deemed repealed, and the county shall proceed to organize and operate pursuant to the statutes applicable to statutory counties. Source: L. 71: p. 352, § 1. C.R.S. 1963: § 36-28-6. L. 85: (1)(a), (1)(b), (2), and (4) amended, p. 1345, § 12, effective June 4. 30-11-507. Filings - effect of. (1) Within twenty days after voter approval, a certified copy of the charter shall be filed with the division of local government and with the county clerk and recorder. (2) This section shall also apply to an amendment or repeal of a charter. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-7. 30-11-508. Initiative, referendum, and recall. Every charter shall contain procedures for the initiative and referendum of measures and for the recall of elected officers. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-8. 30-11-509. Time limit on submission of similar proposals. No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated within twelve months after rejection of a substantially similar proposal. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-9. 30-11-510. Publication requirements. "Publish" or "publication" means one publication in one newspaper of general circulation in the county. If there is no such newspaper, publication shall be by posting in at least three public places within the county. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-10. 30-11-511. Board of county commissioners - home rule counties. A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers required by statute. A home rule county may provide such permissive functions, services, and facilities and may exercise such permissive powers as authorized by statute applicable to nonhome rule counties, except as may be otherwise prohibited or limited by the county charter or the constitution of Colorado. Any power, function, service, or facility vested by statute in a particular county officer, agency, or board, including a board of county commissioners, may be exercised or performed within a home rule county by such county officer, agency, or board or by any other county officer, agency, or board designated in the home rule charter. For home rule counties, the term "board of county commissioners" means the governing body of the county designated by the county. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-11. L. 76: Entire section R&RE, p. 693, § 1, effective March 16. Colorado Revised Statutes 2019 Page 161 of 433 Uncertified Printout 30-11-512. Finality. No proceeding contesting the adoption of a charter, charter amendment, or repeal thereof shall be brought unless commenced within one hundred eighty days after the election adopting the measure. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-12. 30-11-513. Officers. Officers of a home rule county shall be appointed or elected as provided for in the charter; the terms of office and qualifications of such officers shall also be provided for in the charter; however, the duties of such officers shall be as provided by statute. The charter shall designate the officers who shall respectively perform the acts and duties required of county officers by statute. No elected official shall receive any increase or decrease in compensation under any resolution passed during the term for which he was elected. Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-13. PART 6 TELECOMMUNICATIONS RESEARCH FACILITIES OF THE UNITED STATES 30-11-601. Short title. This part 6 shall be known and may be cited as the "Telecommunications Research Facilities of the United States Protection Act of 1969". Source: L. 69: p. 235, § 1. C.R.S. 1963: § 36-26-1. 30-11-602. Legislative declaration. (1) The general assembly hereby declares that it is the purpose of this part 6 to assist in promoting and protecting telecommunications research facilities of the United States which are located within the state of Colorado. (2) Specifically, it is the purpose of this part 6 to: (a) Avoid undue interferences caused by emanation of electrical impulses from electrical equipment functioning in the area surrounding telecommunications research facilities of the United States; (b) Promote the public interest by encouraging economic improvement and development of this state, and further, to promote educational and scientific research within this state; (c) Encourage the continued operational capability of telecommunications research facilities of the United States in areas of this state, which, in turn, will encourage and contribute to the economic improvement and development of the state and will promote educational and scientific research within this state. Source: L. 69: p. 235, § 1. C.R.S. 1963: § 36-26-2. 30-11-603. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Expressways" or "major arterials" means those rights-of-way used primarily for fast or heavy traffic; and "collector streets" means those rights-of-way which have four lanes or more of moving traffic which carry traffic from local streets to the system of major arterials and Colorado Revised Statutes 2019 Page 162 of 433 Uncertified Printout highways and move traffic to parks, schools, and shopping centers serving residential neighborhoods. (2) "Governing body" means a city council, a board of trustees of a town, or a board of county commissioners. (3) "Planning commission" means the regional planning commission, county planning commission, district planning commission, or zoning commission, as the case may be, which has the responsibility of preparing plans for zoning or the making or adopting of plans for the physical development of the unincorporated and incorporated territory located within a distance of two miles from the perimeter of any telecommunications research facility of the United States. (4) "Telecommunications research facility of the United States" means a site presently owned by the United States in this state consisting of not less than fifteen hundred contiguous acres in area and having located thereon technical electronic facilities of a value of more than five million dollars operated by an agency of the United States, and which technical electronic facilities are principally utilized in a program of scientific research in telecommunications and related atmospheric science, involving highly sensitive reception, observation, measurement, and recording of radio waves from distant emanation of experimental signals, radio astronomical sources, or electromagnetic phenomena of the atmosphere or ionosphere. Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-3. Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d). 30-11-604. Scope of part 6. Nothing in this part 6 shall be construed to change any zoning or restrict or limit any land use in effect on and after April 23, 1969, within a city, town, or a county in which a telecommunications research facility of the United States is wholly or partially located. Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-4. 30-11-605. Powers and duties of governing bodies, planning commissions, and boards of adjustment. (1) Upon being requested to do so by an agency of the United States, the governing body shall determine if any telecommunications research facility of the United States is located wholly or partially within its jurisdiction. If such determination results in a finding that such a facility is so located, the planning commission, the board of adjustment, and the governing body shall, from and after April 23, 1969, be bound by the following: When considering any request for rezoning, exceptions to or variances from the terms of zoning regulations, or changed or additional uses of land within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body shall consider, in a like manner as those criteria set forth in sections 30-28-115 and 31-23-303, C.R.S., and other criteria applied to the consideration of requests for rezoning, exceptions to or variances from zoning regulations, or changed or additional uses of land, any data presented as to the effect that development made pursuant to such request will have on such telecommunications research facility of the United States, including what interference may be caused to said facility by the emanation of electrical impulses from electrical equipment that may be installed if such request is approved. Colorado Revised Statutes 2019 Page 163 of 433 Uncertified Printout (2) If approval for any request for rezoning to a zoning district, for an exception to or variance from the terms of any zoning regulation, or for a changed or additional use of land, which will permit hospitals, industrial, business, or commercial uses is sought within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body may request reasonable information regarding the proposed use to be made from the applicant submitting the request for approval, including, but not limited to, a summary of the kinds of industrial electrical equipment expected to be installed on such property if the approval being sought is given. (3) Within a distance of two miles from the perimeter of any telecommunications research facility of the United States, any approval of a subdivision plat in a residential zoning district and any approval for rezoning from existing districts to other districts that may exist or be created by the zoning resolution of any city, town, or county in which a telecommunications research facility of the United States is located shall be granted only if the covenants set forth in paragraphs (a) to (e) of subsection (4) of this section are included in the subdivision plat or as part of the rezoning request, which covenants shall be filed for recording with the county clerk and recorder following approval by the governing body; but said governing body may, under reasonable circumstances, waive the application of any one or more of said covenants with respect to all or any part of the affected land. The requirements set forth in this subsection (3) shall not apply to the approval of subdivision plats in single-family residential zoning districts where the minimum lot area permitted is one acre or more if the subdivision plat is approved, to requests for rezoning to single-family residential zoning districts in which the minimum lot area on unsubdivided land will be one acre or more if the rezoning request is approved, or to requests for rezoning to forestry or agricultural districts. (4) The covenants referred to in subsection (3) of this section are as follows: (a) All electrical distribution lines and service lines and all telephone lines shall be placed underground. (b) No neon signs of any kind shall be permitted on any part of the property. (c) No electrical fences shall be erected on any part of the property. (d) All street lights shall be shielded so as to minimize upward illumination. (e) No arc welding equipment or remote control garage door openers which employ a radiating type of receiver shall be installed or operated from a permanent location on the property. (5) No expressways or major arterials shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States and, unless the governing body specifically makes an exception therefor, no collector streets shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States. (6) The limitations of this part 6 shall be incorporated in any zoning resolution, building code resolution, or both, in any city, town, or county in which a telecommunications research facility of the United States is located, and each such city, town, or county shall enforce the same as provided by law. (7) The governing body shall determine, with the assistance of a surveyor, if necessary, the boundaries of lands located in such city, town, or county, or both, as the case may be, affected by the limitations imposed by this part 6 and shall record such boundaries in the office of the county clerk and recorder of said county. Colorado Revised Statutes 2019 Page 164 of 433 Uncertified Printout Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-5. L. 75: (1) amended, p. 1271, § 9, effective May 1. ARTICLE 12 Local Access to Health Care Pilot Program 30-12-101 to 30-12-107. (Repealed) Editor's note: (1) This article 12 was added in 2007. For amendments to this article 12 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 30-12-107 (3) provided for the repeal of this article 12, effective July 1, 2017. (See L. 2012, p. 479.) ARTICLE 15 Regulation Under Police Power Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d). PART 1 CONTROL AND LICENSING OF PET ANIMALS Editor's note: This article was numbered as article 12 of chapter 36, C.R.S. 1963. The substantive provisions of this part 1 were repealed and reenacted in 1977, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1977, 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. 30-15-101. Pet animal control and licensing. (1) (a) The board of county commissioners of any county may adopt a resolution for the control and licensing of dogs and other pet animals as provided in this part 1. The resolution may: (I) Require licensing of dogs and other pet animals by owners and impose reasonable conditions and fees on the same. No registration permit or license shall be issued by any board of county commissioners unless and until the owner of a dog, cat, or ferret exhibits to the board or designated official a valid rabies vaccination certificate indicating the dog, cat, or ferret has been vaccinated against rabies by a licensed veterinarian. The county pet animal control resolution may exempt dogs, cats, or ferrets below a specified age from licensing and registration or vaccination requirements, or both; except that the recommendations of the department of public health and environment shall be followed concerning the minimum age for the vaccination. Colorado Revised Statutes 2019 Page 165 of 433 Uncertified Printout (II) Require that dogs and other pet animals be under control at all times and define "control", which may vary from time to time, place to place, and animal to animal; (III) Define "vicious dog" and "vicious animal"; (IV) Establish a dog pound, or other animal holding facility, and engage personnel to operate it and otherwise to enforce the county dog control resolution or any other resolution concerning the control of pet animals; (V) Provide for the impoundment of animals which are vicious, not under control, or otherwise not in conformity with the resolutions; (VI) Establish terms and conditions for the release or other disposition of impounded animals; (VII) Establish such other reasonable regulations and restrictions for the control of dogs and other pet animals as the board of county commissioners may deem necessary. (b) The control provisions of such resolution, as provided in subparagraph (II) of paragraph (a) of this subsection (1), shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers or while actually being trained for any of these pursuits. (2) In order to implement the provisions of this section, any county or municipality may enter into an intergovernmental agreement pursuant to the provisions of part 2 of article 1 of title 29, C.R.S., to provide for the control, licensing, impounding, or disposition of dogs or other pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance. (3) For purposes of this part 1, "pet animal" means and includes any animal owned or kept by a person for companionship or protection or for sale to others for such purposes. Except as otherwise provided in this subsection (3), "pet animal" does not include wildlife, livestock used for any purpose or which is estray as defined in section 35-44-101, C.R.S., or animals which are owned or bought and sold through the efforts of those that are licensed, inspected, or both, by the United States Department of Agriculture, the Colorado department of agriculture, or both; however, nothing in this subsection (3) shall be construed to exempt such animals from county control regulations. Source: L. 77: Entire part R&RE, p. 1443, § 1, effective July 7. L. 94: Entire section amended, p. 1239, § 10, effective May 22; (1)(a)(I) amended, p. 2799, § 556, effective July 1. L. 2005: IP(1)(a) and (1)(a)(I) amended, p. 773, § 55, effective June 1. L. 2014: IP(1)(a) and (1)(a)(I) amended, (HB 14-1313), ch. 368, p. 1758, § 1, effective August 6. Editor's note: (1) This section is similar to former §§ 30-15-101 and 30-15-102 as they existed prior to 1977. (2) Amendments to this section by House Bill 94-1137 and House Bill 94-1029 were harmonized. 30-15-102. Violations - penalties. (1) Any violation of any provision of a county resolution adopted pursuant to this part 1 not involving bodily injury to any person shall be a class 2 petty offense, and, notwithstanding the provisions of section 18-1.3-503, C.R.S., punishable, upon conviction, by a fine of not more than one thousand dollars pursuant to section 30-15-402 (1), or by imprisonment in the county jail for not more than ninety days, or by both Colorado Revised Statutes 2019 Page 166 of 433 Uncertified Printout such fine and imprisonment for each separate offense. If authorized by the county resolution, the penalty assessment procedure provided in section 16-2-201, C.R.S., may be followed by an animal control officer or any arresting law enforcement officer for any such violation. As part of said county resolution authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for violations of said resolution not involving bodily injury to any person. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual. (2) Any offense involving bodily injury to any person by a dog or other pet animal shall be a class 2 misdemeanor, and any violator shall be punished as provided in section 18-1.3-501, C.R.S., for each separate offense. (3) Whenever a county animal control officer has probable cause to believe that a violation of subsection (1) or (2) of this section, of the county's dog control and licensing resolution, or of the county's resolution concerning the control of pet animals has been committed, the officer may issue a citation or summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. Source: L. 77: Entire part R&RE, p. 1444, § 1, effective July 7. L. 81: (1) amended, p. 2028, § 33, effective July 7. L. 87: (3) amended, p. 617, § 11, effective July 1. L. 91: (3) amended, p. 417, § 2, effective July 1. L. 94: Entire section amended, p. 1240, § 11, effective May 22. L. 2002: (1) and (2) amended, p. 1542, § 288, effective October 1. L. 2003: (1) amended, p. 2095, § 8, effective July 1. Editor's note: This section is similar to former § 30-15-101 as it existed prior to 1977. Cross references: For the legislative declaration contained in the 2002 act amending subsections (1) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002. 30-15-103. Disposition of fines and forfeitures. All fines and forfeitures for the violation of county resolutions adopted pursuant to this part 1 and all moneys collected by the county for licenses or otherwise shall be paid into the treasury of the county at such times and in such manner as may be prescribed by resolution; or, if there is no resolution providing for the payment, it shall be paid to the county treasurer at once. Source: L. 77: Entire part R&RE, p. 1444, § 1, effective July 14. Editor's note: This section is similar to former § 30-15-105 as it existed prior to 1977. 30-15-104. Liability for accident or subsequent disease from impoundment. The board of county commissioners, city council, board of trustees, or other governing body of a municipality, any of their assistants or employees, or any other person authorized to enforce the provisions of any dog control resolution or ordinance or any resolution concerning the control of pet animals shall not be held responsible for any accident or subsequent disease that may occur to the animal in connection with the administration of the resolution or ordinance. Colorado Revised Statutes 2019 Page 167 of 433 Uncertified Printout Source: L. 77: Entire part R&RE, p. 1444, § 1, effective July 7. L. 94: Entire section amended, p. 1241, § 12, effective May 22. Editor's note: This section is similar to former § 30-15-104 as it existed prior to 1977. 30-15-105. Animal control officers - peace officer designation. Personnel engaged in animal control, however titled or administratively assigned, may issue citations or summonses and complaints enforcing the county dog control resolution or any other county resolution concerning the control of pet animals or municipal ordinance without regard to the certification requirements of part 3 of article 31 of title 24, C.R.S. Personnel so engaged shall be included within the definition of "peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties" in section 18-3-201 (2), C.R.S. Nothing in this part 1 is intended to vest authority in any person so engaged to enforce any resolution, ordinance, or statute other than the county dog control resolution or any other county resolution concerning the control of pet animals or municipal ordinance. Source: L. 77: Entire part R&RE, p. 1445, § 1, effective July 7. L. 83: Entire section amended, p. 962, § 9, effective July 1, 1984. L. 92: Entire section amended, p. 1098, § 8, effective March 6. L. 94: Entire section amended, p. 1241, § 13, effective May 22. L. 97: Entire section amended, p. 1027, § 56, effective August 6. L. 2014: Entire section amended, (HB 141214), ch. 336, p. 1499, § 13, effective August 6. Editor's note: This section is similar to former § 30-15-103 as it existed prior to 1977. Cross references: For the legislative declaration contained in the 1992 act amending this section, see section 12 of chapter 167, Session Laws of Colorado 1992. PART 2 CAMPFIRES - EXTINGUISHING 30-15-201. Penalty for leaving campfire unattended. (1) (a) Any person who starts or maintains a campfire commits the offense of leaving a campfire unattended if he or she knowingly or recklessly: (I) Fails to reasonably attend the campfire at all times; or (II) Fails to thoroughly extinguish the campfire before leaving the site. (b) (I) A person who commits the offense of leaving a campfire unattended commits a class 2 petty offense and, upon conviction of the offense, shall be punished by a fine of fifty dollars. (II) A person who commits the offense of leaving a campfire unattended where the campfire is located in a forested or grassland area commits a class 3 misdemeanor and, upon conviction of the offense, shall be punished by a minimum sentence of a fifty dollar fine up to a maximum sentence of six months imprisonment or a seven hundred fifty dollar fine, or both. (2) (Deleted by amendment, L. 2018.) Colorado Revised Statutes 2019 Page 168 of 433 Uncertified Printout Source: L. 1885: p. 161, § 1. L. 1891: p. 115, § 1. R.S. 08: § 1227. C.L. § 8704. CSA: C. 45, § 51. CRS 53: § 36-14-1. C.R.S. 1963: § 36-14-1. L. 73: p. 1402, § 27. L. 74: (1) amended, p. 407, § 21, effective April 11. L. 84: (1) amended, p. 924, § 18, effective May 11. L. 2002: (2) amended, p. 1247, § 21, effective August 7. L. 2018: Entire section amended, (HB 181051), ch. 57, p. 598, § 1, effective July 1. Cross references: For transfer of duties of the state board of forestry to the state board of agriculture, see part 2 of article 31 of title 23; for unlawful acts concerning fires, see § 33-15106. 30-15-202. Penalty for defacing or destroying notices. Any person who willfully destroys, removes, injures, or defaces any such notice erected on any such highway, or willfully injures or defaces any inscription or device comprising such notice, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment. Source: L. 1885: p. 162, § 2. R.S. 08: § 1228. C.L. § 8705. CSA: C. 45, § 52. CRS 53: § 36-14-2. C.R.S. 1963: § 36-14-2. L. 64: p. 223, § 54. Cross references: For the provision in the criminal code concerning the defacing of a posted notice, see § 18-4-510. PART 3 UNINCORPORATED AREAS - DISCHARGE OF FIREARMS PROHIBITED 30-15-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Firearm" or "firearms" means any pistol, revolver, rifle, or other weapon of any description from which any shot, projectile, or bullet may be discharged. Source: L. 66: p. 4, § 1. C.R.S. 1963: § 36-22-1. Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d). 30-15-302. Board of county commissioners to designate area. (1) The board of county commissioners of any county in this state may designate, by resolution, areas in the unincorporated territory of such county in which it is unlawful for any person to discharge any firearms, except a duly authorized law enforcement officer acting in the line of duty, but nothing in this subsection (1) shall prevent the discharge of any firearm in shooting galleries or in any private grounds or residence under circumstances when such firearm can be discharged in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from any such firearm from traversing any grounds or space outside the limits of such shooting gallery, grounds, or residence. Colorado Revised Statutes 2019 Page 169 of 433 Uncertified Printout (2) No area shall be so designated under authority of subsection (1) of this section unless it has an average population density of not less than one hundred persons per square mile in the area designated, and, before making any such designation, the board of county commissioners shall hold a public hearing thereon at which any interested person shall have an opportunity to be heard. The provisions of article 3 of title 33, C.R.S., concerning the state's liability for damages done to property by wild animals protected by the game laws of the state shall not apply to any area designated by a board of county commissioners under authority of this part 3. (3) Nothing in this section shall be construed to restrict or otherwise affect any person's constitutional right to bear arms or his right to the defense of his person, his family, or his property. Source: L. 66: p. 4, § 1. C.R.S. 1963: § 36-22-2. 30-15-303. Violation - penalty. Any person violating any provisions of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars. Source: L. 66: p. 5, § 1. C.R.S. 1963: § 36-22-3. 30-15-304. Jurisdiction - enforcement. County courts, in their respective counties, have jurisdiction in prosecutions of violations of this part 3. It is the duty of the sheriff and his undersheriffs and deputies, in their respective counties, to enforce the provisions of this part 3. Source: L. 66: p. 5, § 1. C.R.S. 1963: § 36-22-4. PART 4 GENERAL REGULATIONS 30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county commissioners may adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers: (a) (I) (A) To provide for and compel the removal of rubbish, including trash, junk, and garbage, from lots and tracts of land within the county, except industrial tracts of ten or more acres and agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such rubbish, and to assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts from which such rubbish has been removed. Ordinances passed by a board of county commissioners for the removal of rubbish pursuant to this subsubparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property Colorado Revised Statutes 2019 Page 170 of 433 Uncertified Printout from which rubbish shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this sub-subparagraph (A). (B) A county court or district court having jurisdiction over property from which rubbish shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an administrative entry and seizure warrant for the removal of such rubbish. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the rubbish within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, a general list of any rubbish to be removed from such property, and the proposed disposal or temporary impoundment of such rubbish, whichever the court deems appropriate. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (B), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority. (I.5) (A) To provide for and compel the removal of weeds and brush from lots and tracts of land within the county except agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such weeds and brush, and to assess the reasonable cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the property from which such weeds have been removed. Ordinances passed by a board of county commissioners for the removal of weeds and brush pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which weeds and brush shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such property until paid and shall have priority based on its date of recording. A county shall not compel the removal of weeds and brush pursuant to this sub-subparagraph (A) upon any lot or tract of land within the county during such time that a mortgage or deed of trust secured by the lot or tract of land is being foreclosed upon. (B) In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the Colorado Revised Statutes 2019 Page 171 of 433 Uncertified Printout laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments pursuant to this sub-subparagraph (B). (C) A county court or district court having jurisdiction over property from which weeds and brush shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I.5) shall issue an administrative entry and seizure warrant for the removal of such weeds and brush. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I.5) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the weeds and brush within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, and the proposed disposal of such weeds and brush. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (C), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant shall be submitted to the court by the executing authority. (II) To inspect vehicles proposed to be operated in the conduct of the business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials and to determine, among other things, that any such vehicle has the following: (A) A permanent cover of canvas or equally suitable or superior material designed to cover the entire open area of the body of such vehicle; (B) A body so constructed as to be permanently leakproof as to such discarded materials; (C) Extensions of sideboards and tailgate, if any, constructed of permanent materials; (III) To contract with persons in the business of transporting and disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to provide such services, but in no event on an exclusive territorial basis, to every lot and tract of land requiring such services within the unincorporated area of the county or in conjunction with the county on such terms as shall be agreed to by the board of county commissioners. Nothing in this subparagraph (III) shall be deemed to preclude the owner or tenant of any such lot or tract from removing discarded materials from his lot, so long as appropriate standards of safety and health are observed. (IV) To regulate the activities of persons in the business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area by requiring each such person to secure a license from the county and charging a fee therefor to cover the cost of administration and enforcement and by requiring adherence to such reasonable standards of health and safety as may be prescribed by the board of county commissioners and to prohibit any person from commercially collecting or disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area without a license and when not in compliance with such standards of health and safety as may be prescribed by the board; (V) To do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease, limited to the following: Colorado Revised Statutes 2019 Page 172 of 433 Uncertified Printout (A) In addition to the authority given counties under section 18-4-511, C.R.S., to restrain, fine, and punish persons for dumping rubbish, including trash, junk, and garbage, on public or private property; (B) (Deleted by amendment, L. 2008, p. 2054, § 11, effective July 1, 2008.) (C) To adopt reasonable regulations for controlling pollution caused by wood smoke; (D) In addition to the authority given counties under article 5 of title 35, C.R.S., to establish mosquito control areas, to assess the whole cost thereof against those persons especially benefitted by the service, and, if a person's portion of the assessment is not paid within a reasonable time as specified by ordinance, to direct that the assessment, which shall be a lien against the property of such person, be certified by the county clerk and recorder to the county treasurer for collection in the same manner as other taxes are collected; (VI) To require every person in the business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to and from disposal sites to have, before commencing such operations, in such motor vehicle a motor vehicle liability insurance policy or evidence of such policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado in the sum of not less than one hundred fifty thousand dollars for damages for or on account of any bodily injury to or the death of each person as the result of any one accident, in the sum of not less than one hundred fifty thousand dollars for damages to the property of others as the result of any one accident, and in the total sum of not less than four hundred thousand dollars for damages for or on account of any bodily injury to or the death of all persons and for damages to the property of others. Any liability for failure to comply with the requirements of this subparagraph (VI) shall be borne by the individual, partnership, or corporation who owns such vehicle. (b) To prevent and suppress riots, routs, affrays, disturbances, and disorderly assemblies in any public or private place; (c) To suppress bawdy and disorderly houses and houses of ill fame or assignation; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.; (d) To restrain and punish loiterers and prostitutes; (d.5) To discourage juvenile delinquency through the imposition of curfews applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this paragraph (d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this paragraph (d.5), "juvenile" means a juvenile as defined in section 19-2-103 (10), C.R.S., and "graffiti implement" means an aerosol paint container, broad-tipped marker, gum label, paint stick or graffiti stick, or etching equipment. (e) To control unleashed or unclaimed animals, except those animals defined in section 35-44-101 (1), C.R.S.; Colorado Revised Statutes 2019 Page 173 of 433 Uncertified Printout (f) To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law and with the consent of the board of county commissioners; (g) To authorize the acceptance of a bail bond when any person has been arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state. (h) To control and regulate the movement and parking of vehicles and motor vehicles on public property; except that misdemeanor traffic offenses and the posted speed limit on any state highway located within the county shall be deemed a matter of statewide interest. The county may establish fire lanes and emergency vehicle access on public or private property zoned commercial or residential and provide for fines and punishment of violators. (i) To regulate and license escort bureaus, escorts, and escort bureau runners to the extent permitted under article 11.8 of title 29; (j) To regulate and license secondhand dealers to the extent permitted under article 13 of title 18, C.R.S.; (k) To regulate and license pawnbrokers as provided in section 29-11.9-102; (k.5) To require registration of persons who engage in door-to-door selling of merchandise or goods and the delivery thereof within the county; except that nonprofit organizations which are exempt from the income tax imposed under article 22 of title 39, C.R.S., and schools shall not be subject to county requirements imposed under this paragraph (k.5); (l) (I) To adopt reasonable regulations for the operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following: (A) Minimum age requirements for admittance to such establishments; (B) Limitations on the hours during which such establishments may be open for business; and (C) Restrictions on the location of such establishments with regard to schools, churches, and residential areas. (II) The board of county commissioners may enact ordinances which provide that any establishment which engages in repeated or continuing violations of regulations adopted by the board shall constitute a public nuisance. The county attorney of such county, or the district attorney acting pursuant to section 16-13-302, C.R.S., may bring an action in the district court of such county for an injunction against the operation of such establishment in a manner which violates such regulations. (III) Nothing in the regulations adopted by the board of county commissioners pursuant to this paragraph (l) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise. (m) (I) In addition to the authority given counties in article 12 of title 25, C.R.S., to enact ordinances which regulate noise on public and private property except as provided in subparagraph (II) of this paragraph (m); prohibit the operation of any vehicle that is not equipped Colorado Revised Statutes 2019 Page 174 of 433 Uncertified Printout with a muffler in constant operation and is not properly maintained to prevent an increase in the noise emitted by the vehicle above the noise emitted when the muffler was originally installed; and prohibit the operation of any vehicle having a muffler that has been equipped or modified with a cutoff and bypass or any similar device or modification. For the purposes of this paragraph (m), "vehicle" shall have the same meaning as that set forth in section 42-1-102 (112), C.R.S. (II) Ordinances enacted to regulate noise on public and private property pursuant to subsection (1)(m)(I) of this section do not apply to: (A) Property used for purposes which are exempt, pursuant to section 25-12-103, C.R.S., from noise abatement; and (B) Property used for: Manufacturing, industrial, or commercial business purposes; and public utilities regulated pursuant to title 40. (n) To provide for and compel the removal of snow on sidewalks within the county, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such snow and to assess the whole cost thereof, and other incidental costs in connection therewith, upon the property from which such snow has been removed; (n.5) (I) To ban open fires to a degree and in a manner that the board of county commissioners deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence. (II) Subject to subparagraph (IV) of this paragraph (n.5), the board of county commissioners in each county that has a substantial forested area shall, by January 1, 2012, develop an open burning permit system for the purpose of safely disposing of slash. In developing an open burning permit system, the board is encouraged to consult with the division of fire prevention and control, established in section 24-33.5-1201, C.R.S., and shall: (A) Collaborate with county and local jurisdictions such as the sheriff's office and fire protection districts, identify the agencies responsible for burner education, permitting, and compliance, and consider developing an education plan to inform private property owners of the benefits, criteria, and required processes for slash pile burning; (B) Consider and be consistent with existing laws and processes that ban, regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 1813-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20105.5, and 30-11-124, C.R.S.; (C) Consider existing county ordinances; (D) Consider existing scientific and applied knowledge of safe burning conditions, including consideration of, and the advisability of specifying permit limitations concerning, the number of slash piles that may be burned at one time per person who is monitoring the burn, the size of slash piles, temperature, humidity, snow cover, wind conditions, overhead and other types of electric utility facilities, including adequate distances from such facilities, fuel type and moisture content, slope, and setbacks from real estate improvements; (E) Exempt broadcast burns conducted within federal and state guidelines that have a written prescribed fire plan and agricultural burns; and Colorado Revised Statutes 2019 Page 175 of 433 Uncertified Printout (F) Include mechanisms to notify individuals with respiratory conditions, if requested by the individual, and contiguous landowners of the date, time, and location of slash pile burns. (III) Nothing in this paragraph (n.5) infringes upon or otherwise affects the ability of agricultural producers to conduct burning on their property. (IV) A board of county commissioners that has an open burning permit system on April 13, 2011, need not comply with the requirements of subparagraph (II) of this paragraph (n.5) until the board materially alters the system. (V) For purposes of this subsection (1)(n.5): (A) "Competent evidence" includes the use of the national fire danger rating system, predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity, localized evidence of low fuel moisture content, and any other similar indices or information. (B) "County that has a substantial forested area" means a county that has at least fortyfour percent forest cover as determined by the state forester appointed pursuant to section 23-31207, C.R.S. (C) "Open burning" means fire that a person starts and that is intentionally used for forest management. (D) "Slash" means woody material less than six inches in diameter consisting of limbs, branches, and stems that are free of dirt. "Slash" does not include tree stumps, roots, or any other material. (n.7) To prohibit or restrict the sale, use, and possession of fireworks, including permissible fireworks, as defined in section 24-33.5-2001 (5) and (11), for a period no longer than one year within all or any part of the unincorporated areas of the county. Such an ordinance shall be in effect for the period between May 31 and July 5 of any year only if the county adopts a resolution specifying that the ordinance remains in effect for such period, which resolution includes an express finding of high fire danger, based on competent evidence, as defined in subsection (1)(n.5) of this section. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the county shall endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. Notwithstanding any other provision of this subsection (1)(n.7), the ordinance remains in effect and is fully enforceable until the restrictions have been rescinded. (o) In addition to the authority given counties under sections 30-10-513.5 and 30-15401.5, to enact ordinances to restrain and punish any person who gives, makes, or causes to be given a false alarm of fire and to assess costs associated with such false alarms; (o.5) To provide by ordinance for the regulation and licensing of alarm systems which transmit information to law enforcement or other public safety officials located within the county; (p) In addition to the authority given counties under article 7 of title 29, C.R.S., and part 7 of article 20 of this title, to establish by ordinance and regulation the fees for certificates, permits, licenses, and passes for users in order to provide the funds for recreational facility development and to offset the costs of emergency search and rescue operations on public lands and the construction, operation, and maintenance of recreation paths on public property; except Colorado Revised Statutes 2019 Page 176 of 433 Uncertified Printout that areas, lakes, properties, and facilities under the control and management of the division of parks and wildlife shall be exempt from any such fees for certificates, permits, licenses, passes, or any other special charges; (q) To provide for and compel the removal of any building or structure, except for a building or structure on affected land subject to the "Colorado Mined Land Reclamation Act", as the term "affected land" is defined in section 34-32-103 (1.5), C.R.S., or on lands subject to the "Colorado Surface Coal Mining Reclamation Act", pursuant to article 33 of title 34, C.R.S., the condition of which presents a substantial danger or hazard to public health, safety, or welfare, or any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including the removal performed by the county upon notice to and failure of the property owner to remove such building or structure, and to assess the whole cost of such removal, including incidental costs and a reasonable fee for inspection which fee shall not exceed five percent of the total amount due in connection therewith, upon the property from which such building or structure has been removed. Any assessment pursuant to this paragraph (q) shall be a lien against such property until paid. If such assessment is not paid within a reasonable time as specified by ordinance, it may be certified by the clerk and recorder to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. (r) (I) To regulate distressed real property by requiring that such real property be secured, maintained, and insured by the owner of such real property or, if applicable, by a holder of a lien that has taken possession of such real property pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to take possession of or to preserve the real property. The county may require that real property owners, a holder in possession pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to preserve or take possession of real property provide to the county planning and zoning department contact information for the person or entity responsible for the preservation of the real property. (II) For purposes of this paragraph (r), "distressed real property" means any real property in foreclosure or any vacant or abandoned real property. (1.5) In addition to any other powers, the board of county commissioners has the power to adopt a resolution or an ordinance to: (a) Regulate the possession or purchasing of cigarettes, tobacco products, or nicotine products, as defined by section 18-13-121 (5), by a minor or to regulate the sale of cigarettes, tobacco products, or nicotine products to minors; and (b) Limit smoking, as defined in section 25-14-203 (16), in any manner that is no less restrictive than the limitations set forth in the "Colorado Clean Indoor Air Act", part 2 of article 14 of title 25. (1.7) In addition to any other powers, a board of county commissioners may charge a fee for a local license and adopt resolutions or ordinances to establish requirements on businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or industrial hemp products, as defined in section 25-5-426 (2)(g.5). A Colorado Revised Statutes 2019 Page 177 of 433 Uncertified Printout county shall not impose additional food production regulations on industrial hemp processors or products if the regulations conflict with state law. (2) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the ordinances described in subsection (1) of this section shall apply throughout the unincorporated area of the county including public and state lands and to any incorporated town or city that elects by ordinance or resolution to have the provisions thereof apply. (II) The board of county commissioners may designate, by resolution, areas in the unincorporated territory of the county exclusively within which an ordinance adopted pursuant to this section shall apply. The board shall set forth a rational basis for the designation and hold a public hearing prior to making the designation at which any interested person shall have an opportunity to be heard. (b) Any regulation imposed prior to January 1, 1980, by resolution adopted under any provision of law may, upon suitable accommodation to the pertinent ordinance adoption procedure set forth in this part 4, be reimposed by ordinance. In such cases the resolution shall continue in force and effect until the ordinance which replaces it becomes effective. (c) Nothing in this part 4 shall be construed to affect any proceeding arising under or pursuant to the provisions of law in effect immediately prior to January 1, 1980. (3) Paragraph (a) of subsection (1) of this section shall not apply to the transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado state patrol pursuant to section 42-20-104 (1), C.R.S. (4) Paragraph (a) of subsection (1) of this section shall not apply to the transporting of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in subparagraph (II) of paragraph (a) of subsection (1). Such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials. (5) Any provision of paragraph (a) of subsection (1) of this section to the contrary notwithstanding, the governing body of a city and county shall not be precluded from adopting ordinances, regulations, codes, or standards or granting permits issued pursuant to home rule authority; except that such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials. (6) If the board of county commissioners or the governing body of any other local governmental entity is providing waste services, including the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials, within the limits of any county or other local subdivision on or after April 19, 1994, any private person seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. If a private person or persons are providing waste services within the limits of any county or other local subdivision on or after April 19, 1994, any board of county commissioners or the governing body of any other local governmental entity seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. The public notice shall be given in a local newspaper of general circulation Colorado Revised Statutes 2019 Page 178 of 433 Uncertified Printout in the area served by the waste service provider. The requirements of this subsection (6) shall not apply to any municipality or city and county subject to subsection (7.5) of this section. (7) (a) Notwithstanding any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person, if that person is in compliance with applicable rules and regulations, within the limits of any municipality or city and county if those services also are provided by a governmental body within the limits of that governmental unit. The governmental body may not compel industrial or commercial establishments or multifamily residences of eight or more units to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person. (b) Subject to the limitation set forth in subsection (6) of this section and notwithstanding paragraph (a) of this subsection (7) and subsection (7.5) of this section or any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person within the limits of any county or other local subdivision if that person is in compliance with applicable rules and regulations. If services also are provided by a governmental body within the limits of the county or other local subdivision, the governmental body shall not compel any resident, including, but not limited to, an owner or tenant of industrial or commercial establishments or multifamily residences, to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person. (7.5) (a) Any requirement that municipal residents use or pay user charges for residential waste services pursuant to paragraph (a) of subsection (7) of this section may be affected by utilization of the initiative and referendum power reserved to the municipal electors in section 1 (9) of article V of the Colorado constitution. (b) The governing body of any municipality or city and county that chooses, after April 19, 1994, to require use of or to commence the imposition of a fee for residential waste services pursuant to paragraph (a) of subsection (7) of this section in all or any portion of the jurisdiction, including any portion of the jurisdiction annexed after April 19, 1994, may do so subject to the following requirements: (I) The governing body shall provide written notice to any private person who lawfully provides waste services within the jurisdiction and shall give a six-month public notice in a newspaper of general circulation within the jurisdiction prior to requiring the use or initial imposition of the fee. The notice shall include: (A) The date upon which, and the area within the jurisdiction where, requiring use of or billing for residential waste services will commence; and (B) An explanation of the option to request an opportunity to submit a proposal to provide residential waste services to that area. (II) Any person may, within thirty days following publication or receipt of the notice, request in writing the opportunity to submit a proposal to provide residential waste services within the portion of the jurisdiction where required use of those services or imposition of the fee will commence. A request for an opportunity to submit a proposal shall suspend required use of the services or imposition of the residential waste services fee until a request for proposal process, as set forth in paragraph (c) of this subsection (7.5), is completed. Any person who has requested in writing an opportunity to submit a proposal to provide residential waste services pursuant to this subparagraph (II) is eligible to participate in the proposal process. If no written request is received within the time permitted, the governing body may proceed to require use of Colorado Revised Statutes 2019 Page 179 of 433 Uncertified Printout or impose a fee for residential waste services without conducting a request for proposal process as set forth in paragraph (c) of this subsection (7.5). (III) Any municipality or city and county that complies with paragraph (c) of this subsection (7.5) shall not be subject to the provisions of section 31-12-119, C.R.S. (IV) The requirements set forth in this subsection (7.5) shall not apply to any municipality or city and county that is legally requiring use of or imposing a fee for residential waste services within its jurisdiction pursuant to paragraph (a) of subsection (7) of this section on April 19, 1994, and, having complied with the notice requirements of subsection (6) of this section applicable at the time of the initiation of such residential waste services, chooses to extend the requirement for use of or imposition of the fee for residential waste services to areas within the jurisdiction that have not been annexed after April 19, 1994. (c) The governing body shall conduct any request for a proposal process required pursuant to this subsection (7.5) as follows: (I) The governing body shall mail a request for proposals to all private persons who are eligible to submit a proposal. The request for proposals shall include a description of the portion of the jurisdiction to which residential waste services will be provided and shall request a proposed price of providing those services. (II) When the jurisdiction issuing the request for proposals chooses to submit a proposal, a certification of an independent auditor stating that the public entity's proposed price is not based on subsidization from entity revenue streams or operations unrelated to the provision of waste services shall be appended to the proposal. (III) Following review of all proposals properly submitted, the governing body shall award a contract for the provision of residential waste services based upon the criteria set forth in the request for proposals. (d) As used in this subsection (7.5), "residential waste services" means the collection and transportation of ashes, trash, waste, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight or more units. (7.7) (a) If the governing body of a jurisdiction selects a proposal submitted by the jurisdiction, any private person who submitted a proposal may request a review of the selection as provided in this subsection (7.7). A request for review shall be submitted to the governing body in writing within ten days following selection of the jurisdiction's proposal. The filing of a request shall suspend the award until the completion of the review provided in this subsection (7.7). (b) (I) Upon receipt of a request, the governing body, or its designee, shall promptly select a reviewing auditor to conduct the review. The reviewing auditor shall commence and complete its review as expeditiously as practicable. (II) As a part of that review, the reviewing auditor shall afford the person who submitted the request for review the opportunity to present the reviewing auditor his or her views with respect to the governing body's determination, subject to any reasonable procedures, guidelines, and limitations as the reviewing auditor may prescribe, including but not limited to requiring that those views be expressed in writing and submitted by a specific date and time. No person shall be permitted to alter any previously submitted proposal in any respect. (III) The reviewing auditor shall review each of the proposals submitted, but the review shall be limited to determining: Colorado Revised Statutes 2019 Page 180 of 433 Uncertified Printout (A) Whether the selection of the jurisdiction's proposal was made in a manner contrary to the procedure set forth in subsection (7.5) of this section or in the request for proposals; (B) Whether the selection of the jurisdiction's proposal was clearly erroneous in light of the criteria set forth in the request for proposals; and (C) Whether the certification of an independent auditor provided pursuant to subparagraph (II) of paragraph (c) of subsection (7.5) of this section is materially inaccurate. (IV) Should the reviewing auditor find that the governing body's selection of a proposal was improper, the determination of the governing body shall be void, and the governing body shall reconsider as expeditiously as is practicable all proposals timely submitted and determine which proposals it will accept, giving due regard to the determination of the reviewing auditor. No person shall be entitled to alter any previously submitted proposal in any respect. If the reviewing auditor finds that the governing body's selection of a proposal was proper, the selection shall be valid and conclusive and shall not be subject to further challenge or review. (V) The reviewing auditor's fee for performing a review pursuant to this subsection (7.7) shall be paid by the private person requesting the review; except that, if the governing body's selection of a proposal is found to be improper by the reviewing auditor, the municipality or city and county shall pay the fee. (c) As used in this subsection (7.7), a reviewing auditor shall be a qualified, licensed, independent public accountant or public accounting firm selected by the governing body and shall certify to the governing body in writing that it is not being retained currently, has not been retained within the previous five years, and currently has no basis for believing it will be retained in the future by the governing body, any persons who have submitted proposals, or, to the accountant's or firm's knowledge after due inquiry, any of the governing body's or person's affiliates, partners, or relatives for the performance of accounting or other services. (8) No ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power pursuant to this section or section 30-11-101 (1)(f) or (1)(g) or 30-11-107 (1)(u), (1)(w), (1)(y), (1)(z), or (1)(bb) or 25-1-508 (5)(g) or (5)(j), C.R.S., shall apply within the corporate limits of any incorporated municipality, nor to any municipal service, function, facility, or property whether owned by or leased to the incorporated municipality, outside the municipal boundaries, unless the municipality consents. If the municipality consents that any ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall apply within the municipality or to municipal services, functions, facilities, or property outside the municipal boundaries, such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall be uniform within the municipality and the applicable unincorporated areas of the county, unless the county and the municipality agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S. (9) (a) No ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power pursuant to this section shall apply within the jurisdictional boundaries of any special district enumerated in this subsection (9), nor to any special district service, function, facility, or property whether owned by or leased to the special district outside the special district boundaries if such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power would duplicate or interfere with any service or facility authorized and provided by such special district or contravene any power authorized and exercised by such special district, unless the county is specifically empowered by law to exercise authority with Colorado Revised Statutes 2019 Page 181 of 433 Uncertified Printout respect thereto, or the county and the special district agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S. (b) For purposes of this subsection (9), "special district" means any special district established pursuant to article 1 of title 32, C.R.S., the three lakes water and sanitation district established pursuant to article 10 of title 32, C.R.S., the urban drainage and flood control district established pursuant to article 11 of title 32, C.R.S., any metropolitan sewage disposal district established pursuant to part 4 of article 4 of title 32, C.R.S., any drainage district established pursuant to article 20 of title 37, C.R.S., the Cherry Creek basin water quality authority established pursuant to article 8.5 of title 25, C.R.S., any regional service authority established pursuant to article 7 of title 32, C.R.S., and the regional transportation district established pursuant to article 9 of title 32, C.R.S. (10) (a) Subject to the exemptions found in 8 U.S.C. sec. 1621 (c)(2), to the extent that a license, permit, certificate, or other authorization to conduct business issued by a county constitutes a professional license or commercial license regulated by 8 U.S.C. sec. 1621, a county may issue such authorization to an individual only if the individual is lawfully present in the United States, and shall immediately deny any such authorization or renewal thereof upon determining that the individual is unlawfully present in the United States. The individual shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102, C.R.S. A county shall not sell or utilize for any purpose other than those specified in law the information contained in the secure and verifiable document, and shall keep such information confidential unless disclosure is required by law; except that nothing in this paragraph (a) shall be construed to limit public access to records that are available for public inspection pursuant to article 72 of title 24, C.R.S. (b) For purposes of this subsection (10), an individual is unlawfully present in the United States if the individual is an alien who is not: (I) A qualified alien as defined in 8 U.S.C. sec. 1641; (II) A nonimmigrant under the "Immigration and Nationality Act", federal Public Law 82-414, as amended; or (III) An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d)(5) for less than one year. (c) This subsection (10) shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (11) (a) (I) If a county is the permittee of a municipal separate storm sewer system permit issued pursuant to part 5 of article 8 of title 25, C.R.S., the board of county commissioners may adopt a storm water ordinance to develop, implement, and enforce the storm water management program required by the permit. (II) The storm water ordinance may specify that the county may: (A) Provide for and compel the abatement of any condition that causes or contributes to a violation of the permit or requirement from any property located within the unincorporated portion of the county at such time, upon such notice, and in such manner consistent with the terms of the permit as the board of county commissioners may prescribe by ordinance; (B) Perform the abatement upon notice to and failure of the property owner to abate such condition; and Colorado Revised Statutes 2019 Page 182 of 433 Uncertified Printout (C) Assess the reasonable cost of the abatement, including five percent for inspection and other incidental costs in connection therewith, upon the property from which such condition has been abated. (III) Storm water ordinances adopted pursuant to this subsection (11) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which the condition is to be abated. An assessment pursuant to this subsection (11) shall, once recorded, be a lien against such property until paid and shall have priority based upon its date of recording. If the assessment is not paid within a reasonable time specified by ordinance, the county clerk and recorder may certify that fact to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (11). (b) (I) A county court or district court having jurisdiction over the property from which such condition is to be abated pursuant to the storm water ordinance shall issue an administrative entry and seizure warrant for the abatement of such condition upon presentation by a county of: (A) Ordinance provisions that meet the requirements of paragraph (a) of this subsection (11); (B) A sworn or affirmed affidavit stating the factual basis for such warrant; (C) Evidence that the property owner has received notice of the condition and has failed to abate the condition within a reasonable prescribed period; (D) A general description of the location of the property that is the subject of the warrant; and (E) A general list of corrective action needed. (II) Within ten days after the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this paragraph (b), the executing authority shall: (A) Execute such warrant in accordance with directions by the issuing court; (B) Provide or mail a copy of such warrant to the property owner; and (C) Submit proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, to the court. Source: L. 79: Entire part added, p. 1144, § 1, effective May 24. L. 80: (1)(a) amended and (3) to (7) added, p. 744, § 7, effective June 30; (1)(i) added, p. 479, § 2, effective July 1. L. 82: (1)(c) amended, p. 626, § 31, effective April 12. L. 83: (1)(a)(I) amended, p. 1488, § 3, effective June 1; (1)(j) added, p. 718, § 2, effective July 1. L. 84: (1)(n) added, p. 442, § 2, effective March 16. L. 85: (1)(l) added, p. 1059, § 1, effective July 1. L. 86: (1)(c) amended, p. 784, § 6, effective April 21. L. 87: (1)(a)(I) amended and (1)(a)(I.5) added, p. 1208, § 1, effective May 14; (3) amended, p. 1570, § 5, effective July 1. L. 88: (1)(m) added, p. 1115, § 1, effective May 19. L. 90: IP(1), (1)(a)(V), and (1)(h) amended and (1)(n) to (1)(q), (8), and (9) added, p. 1449, §§ 3, 4, effective July 1. L. 91: (1)(p) amended, p. 1919, § 44, effective June 1. L. 92: (1)(a)(I) and (1)(a)(I.5) amended, p. 967, § 11, effective June 1. L. 93: (1)(q) amended, p. 1199, § 18, effective July 1. L. 93, 1st Ex. Sess.: (1)(d.5) added, p. 34, § 2, effective September 13. L. 94: (6) and (7) amended and (7.5) and (7.7) added, p. 698, § 1, effective April 19; (1)(a)(V)(D) amended and (1)(k.5) and (1)(o.5) added, p. 1238, § 9, effective May 22; (1)(m)(I) Colorado Revised Statutes 2019 Page 183 of 433 Uncertified Printout and (3) amended, p. 2564, § 77, effective January 1, 1995. L. 95: (1)(n.5) added, p. 546, § 1, effective May 22. L. 98: (1.5) added, p. 153, § 1, effective July 1; (1)(d.5) amended, p. 826, § 41, effective August 5. L. 99: (1)(d.5) amended, p. 270, § 1, effective August 4; (1)(h) amended, p. 368, § 3, effective August 4. L. 2002, 3rd Ex. Sess.: (1)(n.5) amended, p. 43, § 1, effective July 18. L. 2004: (1)(n.5) amended, p. 1966, § 5, effective August 4. L. 2006: (1)(a)(I.5)(A) amended, p. 138, § 1, effective August 7. L. 2006, 1st Ex. Sess.: (10) added, p. 29, § 2, effective January 1, 2007. L. 2007: (11) added, p. 400, § 1, effective April 9; (1)(n.5) amended and (1)(n.7) added, p. 492, § 2, effective August 3. L. 2008: (1)(a)(V)(B) and (8) amended, p. 2054, § 11, effective July 1; (2)(a) amended, p. 58, § 3, effective August 5. L. 2010: (1)(r) added, (HB 10-1118), ch. 348, p. 1606, § 1, effective August 11. L. 2011: IP(1) and (1)(n.5) amended, (SB 11-110), ch.110, p. 342, § 2, effective April 13. L. 2013: (1) (a) (I.5) (A) amended, (HB 131137), ch. 15, p. 39, § 1, effective August 7; IP (1) (n.5) (II) amended, (HB 13-1300), ch. 316, p. 1694, § 98, effective August 7. L. 2017: IP(1), (1)(i), and (1)(k) amended, (SB 17-228), ch. 246, p. 1041, § 6, effective August 9; IP(1) and (1)(n.7) amended, (SB 17-222), ch. 245, p. 1027, § 4, effective August 9. L. 2019: IP(1)(n.5)(V), (1)(n.5)(V)(A), and (1)(n.7) amended, (SB 19-019), ch. 44, p. 150, § 1, effective March 21; IP(1), IP(1)(m)(II), and (1)(m)(II)(B) amended, (SB 19181), ch. 120, p. 505, § 5, effective April 16; (1.7) added, (SB 19-240), ch. 351, p. 3244, § 2, effective May 29; (1.5) amended, (HB 19-1033), ch. 53, p. 185, § 4, effective July 1; (1.5) amended, (HB 19-1076), ch. 337, p. 3098, § 9, effective July 1. Editor's note: (1) Amendments to this subsection (1.5) by HB 19-1033 and HB 19-1076 were harmonized. (2) Section 19 of chapter 120 (SB 19-181), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after April 16, 2019, including determinations of applications pending on April 16, 2019. (3) Section 4 of chapter 351 (SB 19-240), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after May 29, 2019. Cross references: (1) For similar provisions concerning the exercise of police power by municipalities, see § 31-15-401. (2) For the legislative declaration in the 2011 act amending the introductory portion to subsection (1) and subsection (1)(n.5), see section 1 of chapter 110, Session Laws of Colorado 2011. 30-15-401.5. Fire safety standards. (1) In addition to any other powers granted by the general assembly, the board of county commissioners of each county has the power to adopt ordinances to provide for minimum fire safety standards which shall be modeled upon those contained in the uniform fire code, including the table of contents, indices, appendices, and tables, as promulgated by the international conference of building officials, the international fire code institute, and the western fire chiefs association. (2) A board of county commissioners may adopt such ordinances only after it has approved the formation of and received the recommendations of a permanent commission, to be known as the fire code adoption and revision commission. The commission shall consist of the board or its designees, the fire chiefs whose departments or districts lie partially or wholly within the portion of the affected county encompassed by the proposed fire code, and such other Colorado Revised Statutes 2019 Page 184 of 433 Uncertified Printout members as the board may appoint. Members of the commission appointed by the board shall serve at the pleasure of the board. Members of the commission shall receive no compensation or reimbursement of expenses for their services on the commission. (3) Such ordinances shall apply to all or a portion of the unincorporated area of the county and any incorporated town or city which elects by ordinance or resolution to have the provisions thereof apply. (4) A fire protection district or county improvement district providing fire protection services may propose fire code provisions for its district that may be different from the minimum fire safety standards adopted by the county. Such provisions shall be effective within the petitioning fire protection district or county improvement district providing fire protection services only upon the approval of the board. (5) No fire code provisions adopted pursuant to this section shall apply within any municipality unless the governing body of the municipality adopts a resolution stating that such provisions shall be applicable within its boundaries. (6) The provisions of subsection (3) of this section shall not apply to farms or ranches. (7) Fire protection districts organized pursuant to article 1 of title 32, C.R.S., and county improvement districts providing fire protection services organized pursuant to part 5 of article 20 of this title shall enforce the fire safety standards adopted by county ordinances within the fire district's jurisdiction. The county commissioners may contract with an enforcement agency for areas of the county not receiving fire protection. (8) Nothing in this section shall be construed to affect the validity of any ordinance adopted by a board of county commissioners before July 1, 1985. (9) Nothing in this section shall be construed to require a board of county commissioners to provide fire protection services to any area of the county or to require a board of county commissioners to adopt fire safety standards. (10) Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction. Source: L. 85: Entire section added, p. 1061, § 1, effective July 1. L. 90: (4) and (7) amended, p. 1459, § 3, effective March 22. L. 96: (1) amended and (10) added, p. 282, § 1, effective April 11. L. 2007: (10) amended, p. 493, § 3, effective August 3. L. 2017: (10) amended, (SB 17-222), ch. 245, p. 1028, § 5, effective August 9. 30-15-401.7. Determination of fire hazard area - community wildfire protection plans - adoption - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that: (I) Community wildfire protection plans, or CWPPs, are authorized and defined in section 101 of Title I of the federal "Healthy Forests Restoration Act of 2003", Pub.L. 108-148, referred to in this section as "HFRA". Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities Colorado Revised Statutes 2019 Page 185 of 433 Uncertified Printout themselves in a CWPP. The wild land-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process. (II) The development of a CWPP can assist a local community in clarifying and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires. (III) The adoption of a CWPP brings many benefits to the state and adopting local community, including: (A) The opportunity to establish a locally appropriate definition and boundary for the wildland-urban interface area; (B) The opportunity to study the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas; (C) The establishment of relations with other state and local government officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries; (D) Specialized natural resource knowledge and technical expertise relative to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and (E) Statewide leadership in developing and maintaining a list or map of communities at risk within the state and facilitating work among federal and local partners to establish priorities for action. (IV) CWPPs give priority to projects that provide for the protection of at-risk communities or watersheds or that implement recommendations in the CWPP. (V) CWPPs assist local communities in influencing where and how federal agencies implement fuel reduction projects on federal lands and how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community. (VI) The development of CWPPs promotes economic opportunities in rural communities. (b) By enacting this section, the general assembly intends to facilitate and encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires. (2) As used in this section, unless the context otherwise requires: (a) "CWPP" means a community wildfire protection plan as authorized and defined in section 101 of Title I of the federal "Healthy Forests Restoration Act of 2003", Pub.L. 108-148. (b) "Fire hazard area" means an area mapped by the Colorado state forest service, identified in section 23-31-302, C.R.S., as facing a substantial and recurring risk of exposure to severe fire hazards. Colorado Revised Statutes 2019 Page 186 of 433 Uncertified Printout (3) (a) Not later than January 1, 2011, the board of county commissioners of each county, with the assistance of the state forester, shall determine whether there are fire hazard areas within the unincorporated portion of the county. (b) Not later than one hundred eighty days after determining there are fire hazard areas within the unincorporated portion of a county, the board of county commissioners, in collaboration with the representatives of the organizations or entities enumerated in section 2331-312 (3), C.R.S., that established the guidelines and criteria, shall prepare a CWPP for the purpose of addressing wildfires in fire hazard areas within the unincorporated portion of the county. In preparing the CWPP, the board shall consider the guidelines and criteria established by the state forester and such representatives pursuant to section 23-31-312 (3), C.R.S. (c) Notwithstanding any other provision of this section, a county that has already prepared a CWPP or an equivalent plan as of August 5, 2009, and, in connection with such preparation, considered the guidelines and criteria established by the state forester and designated representatives pursuant to section 23-31-312 (3), C.R.S., shall not be required to prepare a new CWPP to satisfy the requirements of this section. Source: L. 2009: Entire section added, (SB 09-001), ch. 30, p. 125, § 2, effective August 5. 30-15-402. Violations - penalty - surcharges - victim and witness assistance - brain injury trust fund. (1) Any person who violates any county ordinance adopted pursuant to this part 4 commits a class 2 petty offense or, in the case of traffic offenses, commits a traffic infraction, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars for each separate violation. If authorized by the county ordinance, the penalty assessment procedure provided in section 16-2-201, C.R.S., may be followed by any arresting law enforcement officer for any such violation. As part of said county ordinance authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for such violations. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual. In the case of county traffic ordinance violations, the provisions of sections 42-4-1701 and 42-4-1703, C.R.S., and sections 42-4-1708 to 42-4-1718, C.R.S., shall apply; except that the fine or penalty for a violation charged and the surcharge thereon if authorized by county ordinance shall be paid to the county. (2) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of a violation of any ordinance adopted pursuant to this part 4 are subject to: (a) A surcharge of ten dollars that 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 pursuant to section 24-4.2-103, C.R.S. (b) (Deleted by amendment, L. 2004, p. 1012, § 1, effective August 4, 2004.) (3) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of operating a vehicle in excess of the speed limit in violation of an ordinance adopted pursuant to section 30-15-401 (1)(h) are subject to a surcharge of twenty dollars that shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the money to the state treasurer, who shall credit the same to the Colorado brain injury trust fund created pursuant to section 26-1-309. Colorado Revised Statutes 2019 Page 187 of 433 Uncertified Printout Source: L. 79: Entire part added, p. 1145, § 1, effective May 24. L. 81: Entire section R&RE, p. 1449, § 1, effective May 22. L. 93: Entire section amended, p. 1254, § 2, effective July 1. L. 96: (1) amended, p. 334, § 1, effective July 1. L. 99: (1) amended, p. 367, § 2, effective August 4. L. 2002: (2) amended, p. 1610, § 6, effective January 1, 2004. L. 2004: (2) amended and (3) added, p. 1012, § 1, effective August 4. L. 2009: (3) amended, (SB 09-133), ch. 392, p. 2119, § 1, effective August 5. L. 2019: (3) amended, (HB 19-1147), ch. 178, p. 2033, § 13, effective August 2. 30-15-402.5. Enforcement personnel - peace officer designation. (1) Personnel designated by ordinance duly adopted to enforce county ordinances adopted pursuant to this part 4, however titled or administratively assigned, may issue citations or summonses and complaints enforcing county ordinances without regard to the certification requirements of part 3 of article 31 of title 24, C.R.S. (2) Nothing in this section is intended to vest authority in any person so engaged to enforce any resolution or ordinance through execution of an administrative entry and seizure warrant issued pursuant to section 30-15-401 or through exercise of any power other than the power to issue a citation or summons and complaint as described in subsection (1) of this section. Source: L. 94: Entire section added, p. 1241, § 14, effective May 22. 30-15-403. Style of ordinances. The style of the ordinances in counties shall be: "Be it ordained by the board of county commissioners of .......... county." Source: L. 79: Entire part added, p. 1145, § 1, effective May 24. 30-15-404. Majority must vote for ordinances - proving ordinances. All ordinances shall require for their passage or adoption the concurrence of a majority of the board of county commissioners. All ordinances may be proven by the seal of the county, and, when printed in book or pamphlet form and purporting to be printed and published by authority of the county, the same shall be received in evidence in all courts and places without further proof. Source: L. 79: Entire part added, p. 1145, § 1, effective May 24. 30-15-405. Record and publication of ordinances. All ordinances, as soon as may be after their adoption, shall be recorded in a book kept for that purpose and shall be authenticated by the signatures of the chairman of the board of county commissioners and the county clerk and recorder. All ordinances of a general or permanent nature and those imposing any fine, penalty, or forfeiture, following adoption, shall be published by title only and shall contain the date of the initial publication and shall reprint in full any section, subsection, or paragraph of the ordinance which was amended following the initial publication. Publication following adoption may be in full at the discretion of the board of county commissioners. It is a sufficient defense to any suit or prosecution for such fine, penalty, or forfeiture to show that no publication was made. If there is no newspaper published or having a general circulation within the limits of the county, then, upon a resolution being passed by the board of county commissioners to that effect, ordinances Colorado Revised Statutes 2019 Page 188 of 433 Uncertified Printout may be published by posting copies thereof in three public places within the limits of the county, to be designated by the board of county commissioners. Except for ordinances calling for special elections or necessary to the immediate preservation of the public health or safety and containing the reasons making the same necessary in a separate section, such ordinances shall not take effect and be in force before thirty days after they have been so published. The excepted ordinances shall take effect upon adoption. A copy of an appropriate section or sections of the book of ordinances provided for in this section, certified as correct by the county clerk and recorder, shall be taken and considered in all courts of this state as prima facie evidence that such ordinances have been published as provided by law. Source: L. 79: Entire part added, p. 1145, § 1, effective May 24. 30-15-406. Reading before board of county commissioners - publication. No ordinance shall be adopted by any board of county commissioners of any county in this state unless the same has been previously introduced and read at a preceding regular or special meeting of such board and published in full in one newspaper of general circulation published in such county at least ten days before its adoption. If there is no such newspaper published in the county, copies of the proposed ordinance shall be posted in at least six public places in such county at least ten days prior to its adoption. Such previous introduction of such ordinance at such preceding meeting of the board of county commissioners and the fact of its publication in such newspapers or by posting shall appear in the certificate and the attestation of the county clerk and recorder on such ordinance after its adoption. Source: L. 79: Entire part added, p. 1146, § 1, effective May 24. 30-15-407. Reading - adoption of code. Whenever the reading of an ordinance or of a code, which is to be adopted by reference, is required by statute, any such requirement shall be deemed to be satisfied if the title of the proposed ordinance or code is read and the entire text of the proposed ordinance or of any code which is to be adopted by reference is submitted in writing to the board of county commissioners before adoption. Source: L. 79: Entire part added, p. 1146, § 1, effective May 24. 30-15-408. Disposition of fines and forfeitures. All fines and forfeitures for the violation of ordinances and, except as otherwise provided for surcharges levied pursuant to section 30-15-402 (2) and (3), all moneys collected for licenses or otherwise shall be paid into the treasury of the county at such times and in such manner as may be prescribed by ordinance, or, if there is no ordinance referring to the case, it shall be paid to the treasurer at once. Source: L. 79: Entire part added, p. 1146, § 1, effective May 24. L. 93: Entire section amended, p. 1254, § 3, effective July 1. L. 2004: Entire section amended, p. 1013, § 2, effective August 4. 30-15-409. One-year limitation of suits. All suits for the recovery of any fine and prosecutions for the commission of any offense made punishable under any ordinance of any Colorado Revised Statutes 2019 Page 189 of 433 Uncertified Printout county shall be barred one year after the commission of the offense for which the fine is sought to be recovered. Source: L. 79: Entire part added, p. 1146, § 1, effective May 24. 30-15-410. County courts - jurisdiction. County courts, in their respective counties, have jurisdiction in prosecutions of violations of county ordinances. The simplified county court procedures set forth in part 1 of article 2 of title 16, C.R.S., and the penalty assessment procedures set forth in part 2 of said article shall be applicable to the prosecution of violations of county ordinances. Any summons and complaint brought in any county court shall be filed in the name of the county by and on behalf of the people of the state of Colorado. Any process issued from a county court shall be likewise denominated. It is the duty of the sheriff and undersheriff and deputies, in their respective counties, to enforce the provisions of county ordinances. Source: L. 79: Entire part added, p. 1147, § 1, effective May 24. L. 81: Entire section R&RE, p. 1449, § 2, effective May 22. Cross references: For the jurisdiction of the county court generally, see §§ 13-6-103 through 13-6-106. 30-15-411. Conflicts with state statutes. No county shall adopt an ordinance that is in conflict with any state statute. Source: L. 79: Entire part added, p. 1147, § 1, effective May 24. PART 5 DANCE HALLS Editor's note: This part 5 was added with relocations in 2017. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 30-15-501. License required. No person, partnership, or corporation shall operate, conduct, carry on, or maintain a public dance hall, booth, pavilion, or other place where public dances are held without first obtaining a license therefor. Any person, firm, or corporation desiring such license shall make application therefor in writing to the board of county commissioners of the county in which the public dance hall, booth, pavilion, or other place is proposed to be located. The application shall state the name and address of the applicant, if a person; the names and addresses of all the persons composing the partnership, if a partnership; and the names and addresses of the officers and directors of the corporation, if a corporation; a full description of the place and premises at which it is proposed to conduct and carry on such public dances; and the term for which the license is desired. The board of county commissioners has the authority, within its discretion, to grant such license to an applicant for the current calendar year or part thereof unexpired upon the payment by the applicant of a fee of twenty-five dollars to the county treasurer. The license shall authorize the person, firm, or corporation Colorado Revised Statutes 2019 Page 190 of 433 Uncertified Printout receiving it to operate, conduct, and carry on a public dance hall, booth, or pavilion at such place for the term from the date of its issue to the end of the current calendar year for which it is issued. This part 5 shall not apply to incorporated cities and towns. Source: L. 2017: Entire part added, (SB 17-228), ch. 246, p. 1030, § 1, effective August 9. Editor's note: This section is similar to former § 12-18-101 as it existed prior to 2017. 30-15-502. License not transferable. No license issued under the provisions of this part 5 shall be assigned or transferred by the person, firm, or corporation to whom it is issued, and no license shall be available or used for more than one particular place, building, or premises described in the application and in the license. Source: L. 2017: Entire part added, (SB 17-228), ch. 246, p. 1031, § 1, effective August 9. Editor's note: This section is similar to former § 12-18-102 as it existed prior to 2017. 30-15-503. Revocation or cancellation of licenses. The board of county commissioners issuing such licenses has full power and authority, at its discretion, to revoke and cancel any license issued by the board under this part 5 whenever the board, by proper resolution, determines that the public morals or public safety or public health of the community requires revocation or cancellation. Source: L. 2017: Entire part added, (SB 17-228), ch. 246, p. 1031, § 1, effective August 9. Editor's note: This section is similar to former § 12-18-103 as it existed prior to 2017. 30-15-504. Penalty. Any person violating any of the provisions of this part 5 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twentyfive dollars nor more than three hundred dollars for each offense, or by imprisonment in the county jail for not less than ten days nor more than thirty days for each offense, or by both such fine and imprisonment. Source: L. 2017: Entire part added, (SB 17-228), ch. 246, p. 1031, § 1, effective August 9. Editor's note: This section is similar to former § 12-18-104 as it existed prior to 2017. 30-15-505. Jurisdiction. The county court of the county wherein such licenses are issued has full jurisdiction to try and punish all cases for violation of the provisions of this part 5, subject to the right of appeal in such cases as provided by law. Colorado Revised Statutes 2019 Page 191 of 433 Uncertified Printout Source: L. 2017: Entire part added, (SB 17-228), ch. 246, p. 1031, § 1, effective August 9. Editor's note: This section is similar to former § 12-18-105 as it existed prior to 2017. ARTICLE 17 County Assistance for the Poor Editor's note: This article was numbered as article 10 of chapter 36, C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1981, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article 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. Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d). PART 1 GENERAL ASSISTANCE 30-17-101. Legislative declaration. It is the intent of the general assembly in the enactment of this part 1 to enable each county to provide a means of temporary general assistance to poor persons who reside in the county or to transients. Such temporary general assistance is necessarily restricted by the limited ability of county government to make appropriations therefor. Source: L. 81: Entire article R&RE, p. 1451, § 1, effective May 22. L. 82: Entire section amended, p. 428, § 5, effective July 1. 30-17-102. Counties may provide temporary general assistance to the poor. Each county may provide temporary general assistance to the poor who reside in the county or to transients. If such provision is made, each county may provide eligible recipients with such relief as, in the judgment of the board of county commissioners, is needed. Source: L. 81: Entire article R&RE, p. 1451, § 1, effective May 22. 30-17-103. Standards and guidelines. (1) If a temporary general assistance program is undertaken, the board of county commissioners of each county, by ordinance, shall establish standards and guidelines for determining who is eligible to receive temporary general assistance, what types of assistance shall be offered, what amounts of assistance shall be paid, and for what periods of time such assistance shall be offered. (2) In adopting and promulgating such standards and guidelines, the board of county commissioners may establish requirements of residency for a specified minimum period, not to Colorado Revised Statutes 2019 Page 192 of 433 Uncertified Printout exceed six months, and may also set different residency requirements for different types of relief. (3) The board of county commissioners, in the standards and guidelines adopted pursuant to this article, may require that any applicant for temporary general assistance search for employment and accept employment that is offered and also enroll with the divisions of employment and training and unemployment insurance in order to be eligible to receive temporary general assistance. The requirements, however, do not apply to an applicant who is unable to work due to a temporary disability. The board may require verification of a disability by a medical examination. The requirements to search for employment do not apply to persons who are sixty-five years of age and older. Source: L. 81: Entire article R&RE, p. 1451, § 1, effective May 22. L. 2012: (3) amended, (HB 12-1120), ch. 27, p. 112, § 30, effective June 1. Editor's note: The effective date for amendments to subsection (3) by House Bill 121120 (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.) 30-17-104. Burial expenses. Each county shall also provide for the decent burial of any person who dies within the county who does not leave sufficient funds for such burial and whose family is either financially unable to provide for such burial or cannot be contacted within a reasonable time. Source: L. 81: Entire article R&RE, p. 1452, § 1, effective May 22. 30-17-105. Temporary general assistance account. Each board of county commissioners, upon its determination to undertake a temporary general assistance program, shall establish a temporary general assistance account for the purpose of providing money for the temporary general assistance program in the county; and each board shall appropriate money for such account for such purpose. Source: L. 81: Entire article R&RE, p. 1452, § 1, effective May 22. 30-17-106. Establishment of poorhouse. (Repealed) Source: L. 81: Entire article R&RE, p. 1452, § 1, effective May 22. L. 82: (4) amended, p. 428, § 6, effective July 1. L. 2003: Entire section repealed, p. 914, § 23, effective August 6. 30-17-107. Reimbursement to county. If at any time the recipient of temporary general assistance acquires funds or other property, he shall be answerable to the county for the expense of the relief furnished. If the recipient fails to reimburse the county upon demand, the county may assert its claim for reimbursement in any court of competent jurisdiction. Source: L. 81: Entire article R&RE, p. 1452, § 1, effective May 22. Colorado Revised Statutes 2019 Page 193 of 433 Uncertified Printout 30-17-108. Temporary general assistance payments limited to appropriation. In no event shall payment of temporary general assistance benefits exceed, in the aggregate, the appropriation made by the board of county commissioners for the temporary general assistance account. Source: L. 81: Entire article R&RE, p. 1452, § 1, effective May 22. PART 2 COUNTY JOB DIVERSION PROGRAM 30-17-201 to 30-17-206. (Repealed) Source: L. 91: Entire part repealed, p. 1871, § 24, effective July 1. Editor's note: This part 2 was added in 1982. For amendments to this part 2 prior to its repeal in 1991, 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 3 JOB ALTERNATIVE PROGRAM 30-17-301 to 30-17-306. (Repealed) Source: L. 91: Entire part repealed, p. 1871, § 24, effective July 1. Editor's note: This part 3 was added in 1986. For amendments to this part 3 prior to its repeal in 1991, 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 INTERNSHIP PROGRAM FOR UNEMPLOYMENT CLAIMANTS 30-17-401 to 30-17-403. (Repealed) Editor's note: (1) This part 4 was added in 1987. For amendments to this part 4 prior to its repeal in 1991, 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 30-17-403 provided for the repeal of this part 4, effective January 1, 1991. (See L. 87, p. 409.) Colorado Revised Statutes 2019 Page 194 of 433 Uncertified Printout ARTICLE 20 Public Improvements Law reviews: For article, "Choice of Entity: Using Limited Purpose Local Governments to Solve Problems", see 38 Colo. Law. 59 (Oct. 2009). PART 1 SOLID WASTES DISPOSAL SITES AND FACILITIES Law reviews: For article, "Solid Waste Disposal: Caught in the Act?", see 16 Colo. Law. 1010 (1987). 30-20-100.5. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Proper disposal of solid wastes is a matter of mixed statewide and local concern; (b) Improper disposal of solid wastes poses significant public health risks, environmental hazards, and long-term liability for the citizens of the state; (c) (I) Colorado citizens are increasingly voicing their concerns about solid waste issues. Such concerns include the following: (A) How citizens can make maximum use of waste reduction and recycling programs as part of such citizens' personal environmental commitment; (B) Concerns of citizens relating to the siting of a solid wastes site and facility near their homes; (C) Challenges to public officials to react responsibly to assure safe and cost-effective solid waste management and disposal for their community over the next five to ten years. (II) Reflecting such concerns, private citizens and companies have joined with local and state officials to address the needs of Colorado concerning solid waste. (d) Optimal solid waste management in Colorado should include the following elements: (I) The state government, local governments, and private companies and citizens of Colorado each must play important roles in the management of solid waste in Colorado. (II) A statewide system of integrated solid waste management planning is necessary to meet Colorado's solid waste disposal needs over the next twenty years. Local governments and their citizens should be encouraged to work toward consensus concerning their solid waste disposal needs and concerning the types and numbers of solid wastes sites and facilities necessary or desirable in their areas. (III) State and local efforts in this area must be focused toward the reduction of the volume and toxicity of the waste stream. Realistic waste reduction goals should be established and state and local solid waste management goals should strive to achieve such goals through source reduction, recycling, composting, and similar waste management strategies. (IV) Renewed efforts and new mechanisms are needed to ensure the full participation of the public in all phases of solid waste decision-making. All participants and concerned parties must contribute to a continuing, dedicated effort to inform and educate the public concerning solid waste and its impact on public health and the environment. Colorado Revised Statutes 2019 Page 195 of 433 Uncertified Printout (V) A strong component of statewide waste management efforts shall be the minimization of illegal disposal of solid wastes through the provision of the appropriate kinds and numbers of solid waste sites and facilities as needed to handle, treat, and dispose of solid waste in all areas of the state. Source: L. 91: Entire section added, p. 963, § 1, effective June 5. 30-20-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Approved site or facility" means a site or facility for which a certificate of designation has been obtained, as provided in this part 1. (1.5) "Closed site or facility" means a site or facility that has been closed in accordance with provisions of the federal regulations pursuant to subtitle D of the federal "Resource Conservation and Recovery Act of 1976", as amended, as published in 40 CFR 258.60, and in the manner specified in the approved certificate of designation application at the time of approval of the site or facility or in a closure plan that has been approved by the department. (2) "Department" means the department of public health and environment. (2.3) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal. (2.5) "Governing body having jurisdiction" means the board of county commissioners if a site and facility is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a site and facility is located within an incorporated area. (2.6) "Home scrap metal" means scrap metal generated by steel mills, foundries, and refineries, including, but not limited to, turnings, cuttings, punchings, and borings. (2.7) "Landfill gases" means gases formed by the decomposition of buried solid waste. Landfill gases include, but are not limited to, methane. (2.8) "Municipality" means a home rule or statutory city, town, or city and county or a territorial charter city. (3) "Person" means an individual, partnership, private or municipal corporation, firm, board of a metropolitan district or sanitation district, or other association of persons. (3.5) "Processed scrap metal" means scrap metal that has been manually or physically altered to separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to: (a) Scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type; and (b) Fines, drosses, and related materials that have been agglomerated. (3.7) "Prompt scrap metal" means scrap metal generated by the metal working or fabrication industries, including, but not limited to, turnings, cuttings, punchings, and borings. "Prompt scrap metal" includes industrial metal scrap and new scrap metal. (4) "Recyclable materials" means any type of discarded or waste material that is not regulated under section 25-8-205 (1)(e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled, but not including recycled auto parts or excluded scrap metal that is being recycled, or scrap that is composed of worn out metal or a metal product that has outlived its original use, commonly referred to as obsolete scrap. Colorado Revised Statutes 2019 Page 196 of 433 Uncertified Printout (5) "Recycling operation" means that part of a solid wastes disposal facility or a part of a general disposal facility at which recyclable materials may be separated from other materials for further processing. (5.5) "Shredded circuit boards" means shredded electronic circuit boards that: (a) Are stored in containers that are sufficient to prevent any release to the environment prior to recovery; and (b) Do not contain mercury switches, mercury relays, nickel-cadmium batteries, or lithium batteries. (5.8) "Solid and hazardous waste commission" means the solid and hazardous waste commission created in section 25-15-302, C.R.S. (6) (a) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities. (b) "Solid waste" does not include: (I) Any solid or dissolved materials in domestic sewage; (II) Agricultural wastes; (III) Solid or dissolved materials in irrigation return flows; (IV) Industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Control Act", article 8 of title 25, C.R.S.; (V) Materials handled at facilities licensed pursuant to the provisions on radiation control in article 11 of title 25, C.R.S.; (VI) Exploration and production wastes, as defined in section 34-60-103 (4.5), C.R.S., except as such wastes may be deposited at a commercial solid waste facility; (VII) Excluded scrap metal that is being recycled; or (VIII) Shredded circuit boards that are being recycled. (7) "Solid wastes disposal" means the storage, treatment, utilization, processing, or final disposal of solid wastes. (8) "Solid wastes disposal site and facility" means the location and facility at which the deposit and final treatment of solid wastes occur. (8.5) (Deleted by amendment, L. 2006, p. 1133, § 14, effective July 1, 2006.) (9) "Transfer station" means a facility at which refuse, awaiting transportation to a disposal site, is transferred from one type of containerized collection receptacle and placed into another or is processed for compaction. (10) "Water quality control commission" means the water quality control commission created in section 25-8-201, C.R.S. Source: L. 67: p. 759, § 1. C.R.S. 1963: § 36-23-1. L. 71: p. 340, §§ 1, 2. L. 83: (6) R&RE, p. 1239, § 1, effective July 1. L. 91: (2.5) and (2.7) added, p. 964, § 2, effective June 5. L. 92: (1.5) added and (7) and (9) amended, p. 1275, § 1, effective July 1. L. 94: (8.5) added, p. 32, § 1, effective March 9; (2) amended, p. 2800, § 557, effective July 1. L. 95: (6) amended, p. 120, § 2, effective March 31. L. 98: (2.3), (2.6), (3.5), (3.7), (5.5), (6)(b)(VII), and (6)(b)(VIII) added and (6)(b)(V) amended, pp. 171, 172, §§ 2, 3, effective April 6; (3) amended, p. 1071, § 4, effective June 1; (4) amended, p. 880, § 5, effective July 1. L. 2001: (2.7) amended and (2.8) Colorado Revised Statutes 2019 Page 197 of 433 Uncertified Printout added, p. 1100, § 2, effective July 1. L. 2006: (8.5) amended and (5.8) and (10) added, p. 1133, § 14, effective July 1. Editor's note: Subsection (5.8) was originally numbered as (5.5) in Senate Bill 06-171 but has been renumbered on revision for ease of location. Cross references: (1) For definitions applicable to this part 1, see § 30-26-301 (2)(d). (2) For the legislative declaration contained in the 1995 act amending subsection (6), see section 1 of chapter 42, Session Laws of Colorado 1995. For the legislative declaration contained in the 1998 act enacting subsections (2.3), (2.6), (3.5), (3.7), (5.5), (6)(b)(VII), and (6)(b)(VIII) and amending subsection (6)(b)(V), see section 1 of chapter 68, Session Laws of Colorado 1998. For the legislative declaration contained in the 1998 act amending subsection (4), see section 1 of chapter 236, Session Laws of Colorado 1998. 30-20-101.5. Additional powers of the department - legislative declaration. (1) The general assembly hereby finds and declares that a solid waste management program shall be created in and administered by the department and shall be implemented to protect human health and the environment in a manner that: (a) Promotes a community ethic to reduce or eliminate waste problems; (b) Is credible and accountable to the industry and the public; (c) Is innovative and cost effective; and (d) Protects the environmental quality of life for affected residents as required by the requirements of this part 1 and any rules promulgated in connection therewith. (2) The department shall develop, implement, and continuously improve as necessary policies and procedures for carrying out its statutory responsibilities at the lowest possible cost while satisfying the legislative intent expressed in subsection (1) of this section. At a minimum, the policies and procedures shall, to the extent practicable, include the establishment of the following: (a) Cost-effective level-of-effort guidelines for reviewing submittals, including without limitation permit applications and design and operation plans to assure conformity with regulatory requirements, taking into consideration the degree of risk addressed and the complexity of the issues raised; (b) Cost-effective level-of-effort guidelines for performing inspections that focus on major violations of regulatory requirements that pose an immediate and significant threat to human health and the environment; (c) Cost-effective level-of-effort guidelines for enforcement activity; (d) Schedules for the timely completion of department activities including without limitation submittal reviews, inspections, and inspection reports; (e) A prioritization methodology for completing activities that focuses on actual risk to human health and the environment; (f) A preference for compliance assistance with at least ten percent of the annual budget amount of the program being allocated to compliance assistance efforts; (g) A preference for alternative dispute resolution mechanisms to timely resolve disputed issues; and Colorado Revised Statutes 2019 Page 198 of 433 Uncertified Printout (h) A mechanism that continuously assesses and provides incentives for further improvements and policies and procedures of the department. (3) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 1, 2008, and not later than February 1 of each year thereafter, the department shall submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment that describes the status of the solid waste management program, the department's efforts to satisfy its statutory responsibilities at the lowest possible cost while meeting the legislative intent specified in subsection (1) of this section, and the department's implementation of the authority to accept environmental covenants created pursuant to section 25-15-321. Source: L. 2007: Entire section added, p. 1142, § 9, effective July 1. L. 2017: (3) amended, (SB 17-056), ch. 33, p. 96, § 14, effective March 16. Cross references: For the short title "Recycling Resources Economic Opportunity Act" and legislative declaration contained in the 2007 act enacting this section, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007. 30-20-102. Unlawful to operate site and facility without certificate of designation rules - exceptions. (1) Except as otherwise specified in this section, a person who owns or operates a solid wastes disposal site and facility shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such site and facility is located. (2) Except as otherwise specified in this section, solid wastes disposal by any person is prohibited except on or at a solid wastes disposal site and facility for which a certificate of designation has been obtained as provided in section 30-20-105. (3) A person other than a governmental unit may dispose of the person's own solid wastes on the person's own property, as long as such solid wastes disposal site and facility complies with the rules of the solid and hazardous waste commission and does not constitute a public nuisance. For the purposes of this part 1, such solid wastes disposal site and facility shall be an approved site for which obtaining a certificate of designation under section 30-20-105 is unnecessary. This subsection (3) does not preclude any person from applying for a certificate of designation for the disposal of the person's own solid wastes on the person's own property. (4) A person who is engaged in mining operations pursuant to a permit issued by the mined land reclamation board or office of mined land reclamation that contains an approved plan of reclamation may dispose of solid wastes generated by such operations within the permitted area for such operations. For the purposes of this part 1, such solid wastes disposal site and facility is an approved site for which obtaining a certificate of designation under section 30-20105 is unnecessary. (5) Any site and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials shall not be considered a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility; except that, after an initial accumulation period specified by rule, such a site or facility shall maintain documentation that proves recyclable materials are being recycled at the site at a rate that approximately equals the rate at which recyclable materials are being collected. The solid and Colorado Revised Statutes 2019 Page 199 of 433 Uncertified Printout hazardous waste commission shall promulgate rules to specify what time periods and volumes of recyclable materials constitute operations that qualify for this exemption and to define what materials shall be deemed to be recyclable materials for the purposes of this subsection (5); except that such rules shall not define the term "recyclable materials" to include materials that are likely to contaminate groundwater or create off-site odors as a result of processing, reclaiming, recycling, or storage prior to recycling. This subsection (5) does not apply to activities regulated under section 25-8-205 (1)(e), C.R.S. (6) The final use for beneficial purposes, including fertilizer, soil conditioner, fuel, and livestock feed, of biosolids that have been processed and certified or designated as meeting all applicable rules of the solid and hazardous waste commission and the department of agriculture does not require a certificate of designation for such final use. In addition, the use of manure as a fertilizer or soil conditioner or the composting on the site of generation of manure with other compatible materials necessary for effective composting as part of a standard agricultural practice does not require a certificate of designation. (7) A transfer station shall not be deemed to be a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility. The department shall promulgate regulations establishing health and safety standards for the operation of transfer stations. (7.5) (a) On or after August 8, 2012, a governing body having jurisdiction shall not require a certificate of designation for waste impoundments or other solid wastes disposal operations of drinking water treatment residuals generated on-site at a drinking water treatment facility. A certificate of designation for waste impoundments or other solid wastes disposal operations of drinking water treatment residuals generated on-site at a drinking water treatment facility issued before August 8, 2012, is voidable at the option of the facility. (b) A drinking water treatment facility that does not require a certificate of designation pursuant to paragraph (a) of this subsection (7.5) shall comply with the rules of the solid and hazardous waste commission for waste impoundments and solid wastes disposal. (c) Nothing in paragraph (a) or (b) of this subsection (7.5) limits the application of other local government land use regulations to waste impoundments or solid wastes disposal operations at a drinking water treatment facility. (8) The solid and hazardous waste commission, by rule, may specify types of composting facilities, by size, volume, or other suitable criteria that provide equivalent protection of public health and the environment that would not be required to obtain a certificate of designation. Source: L. 67: p. 759, § 2. C.R.S. 1963: § 36-23-2. L. 71: p. 341, § 3. L. 76: (3) added, p. 694, § 1, effective April 19. L. 77: (1) amended, p. 286, §§ 56, 57, effective July 1. L. 79: (1.5) added, p. 1148, § 1, effective July 1. L. 81: Entire section amended, p. 1358, § 2, effective July 1. L. 83: (2) amended, p. 1239, § 2, effective July 1. L. 89: (5) amended, p. 1282, § 1, effective July 1. L. 91: (1) and (2) amended, p. 965, § 3, effective June 5. L. 92: (1) amended, p. 2177, § 37, effective June 2; (4) amended, p. 1971, § 77, effective July 1; (5) amended and (7) added, p. 1275, § 2, effective July 1. L. 94: (3) and (6) amended, p. 32, § 2, effective March 9. L. 98: (5) and (6) amended and (8) added, p. 881, § 6, effective July 1. L. 2006: (3), (5), (6), and (8) amended, p. 1133, § 15, effective July 1. L. 2012: (1), (2), (3), (4), and (6) amended and (7.5) added, (HB 12-1078), ch. 48, p. 177, § 1, effective August 8. Colorado Revised Statutes 2019 Page 200 of 433 Uncertified Printout Editor's note: (1) Subsection (7) was originally numbered as (6) in Senate Bill 92-130 but has been renumbered on revision for ease of location. (2) Section 2 of chapter 48, Session Laws of Colorado 2012, provides that the act amending subsections (1), (2), (3), (4), and (6) and adding (7.5) applies to solid wastes impounded or disposed of before, on, or after August 8, 2012. 30-20-102.5. Requirement for certificate of designation deemed satisfied - when. A certificate of designation for a hazardous waste disposal site issued pursuant to article 15 of title 25, C.R.S., shall be deemed to satisfy any requirement for a certificate of designation imposed by this part 1. Source: L. 81: Entire section added, p. 1359, § 3, effective July 1. 30-20-103. Application for certificate. (1) Any person desiring to own or operate a solid wastes disposal site and facility shall make application to the governing body having jurisdiction over the area in which such site and facility is or is proposed to be located for a certificate of designation. Such application shall be accompanied by a fee to be established by the governing body having jurisdiction, which fee shall be based on the anticipated costs that may be incurred by such governing board in the application review and approval process and shall not be refundable. The application shall set forth the location of the site and facility; the type of site and facility; the type of processing to be used, such as sanitary landfill, composting, or incineration; the hours of operation; the method of supervision; the rates to be charged, if any; and such other information as may be required by the governing body having jurisdiction over the area. The application shall also contain such engineering, geological, hydrological, and operational data as may be required by the department by rule. All such applications shall be referred to the department for review and for recommendation as to approval or disapproval, which shall be based upon criteria established by the solid and hazardous waste commission, the water quality control commission, and the air quality control commission. Such review and recommendation of an application by the department shall include a technical review of the environmental and public health issues provided in section 30-20-110 that are raised by the proposed site and facility. As a part of the department's review of an application for a solid wastes site and facility, the department shall provide a period of not less than thirty days during which members of the public may review and make comments concerning such application. (2) Upon receiving an application for a solid wastes disposal site and facility, the department shall perform an initial examination to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application. The department shall mail written notification to the applicant within such time period of the department's decision either to begin its review of such application or to reject such application because of incompleteness. (3) After the initial approval of an application pursuant to the provisions of subsection (2) of this section, the department shall determine whether it shall complete the review of the application or whether it shall offer the applicant the option of having such application reviewed by a private contractor. Such determination shall be made pursuant to the provisions of section 30-20-103.7 (1). If the department reviews such application, the department shall complete such Colorado Revised Statutes 2019 Page 201 of 433 Uncertified Printout review within one hundred fifty days after the date of issuance of its initial approval of such application. Source: L. 67: p. 759, § 3. C.R.S. 1963: § 36-23-3. L. 71: p. 341, § 4. L. 79: Entire section amended, p. 1059, § 7, effective June 20. L. 84: Entire section amended, p. 819, § 1, effective July 1. L. 91: Entire section amended, p. 965, § 4, effective June 5; entire section amended, p. 955, § 1, effective July 1. L. 2006: (1) amended, p. 1134, § 16, effective July 1. Editor's note: Amendments to this section by Senate Bill 91-168 and Senate Bill 91-174 were harmonized. 30-20-103.5. Existing solid wastes disposal sites and facilities - application procedures. Except as specified in section 30-20-109 (1.5), no existing solid wastes disposal site and facility that is operating pursuant to a valid certificate of designation shall be deemed to be in violation of any provision of this part 1 because of any failure to comply with application procedures that are enacted after the issuance of such certificate of designation. Source: L. 91: Entire section added, p. 966, § 5, effective June 5. L. 2008: Entire section amended, p. 2170, § 3, effective June 4. Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 421, Session Laws of Colorado 2008. 30-20-103.7. Review of applications by private contractors. (1) (a) Upon issuing an initial approval of an application for a solid wastes disposal site and facility under the provisions of section 30-20-103 (2), the department shall determine whether it will be able to complete review of such application within one hundred fifty days. If the department determines that it is capable of completing the review within the required time period, it shall commence review under the provisions of section 30-20-103. If the department determines that it cannot complete the review of an application within such time period, the department shall offer the applicant the option of having such application reviewed by a private contractor within one hundred fifty days or having such application reviewed by the department. If the applicant chooses to have such application reviewed by the department, the department shall not be required to complete its review within the one-hundred-fifty-day time period. (b) A county shall not reject an application for a solid wastes disposal site and facility solely because the review of such application was performed by a private contractor under the provisions of this section. (2) (a) The department shall maintain a register of private contractors to review applications for solid wastes disposal sites and facilities. The department is hereby authorized to contract with such private contractors pursuant to the provisions of part 14 of article 30 of title 24, C.R.S., for inclusion on such register. Any such contract shall be between the department and the private contractor. An applicant shall be responsible for the fee charged by a private contractor for the review of such applicant's application, but shall not be a party to such contract. The department shall contract with a sufficient number of private contractors to allow Colorado Revised Statutes 2019 Page 202 of 433 Uncertified Printout reassignment of an application if it is necessary to disqualify one or more private contractors because of conflicts of interest or other reasons. (b) If the department assigns an application to a private contractor under the provisions of this section, such private contractor shall provide the department and the applicant with the fee schedule of such private contractor and with an estimate of the fee to be charged for the review of such application. (c) Upon being notified of the identity of the assigned private contractor and upon receiving such private contractor's fee schedule and estimated fee, an applicant has the option to allow the application review to commence or to reject the private contractor. If such applicant rejects a private contractor, the department shall assign a second private contractor. If such applicant rejects the second private contractor, the department shall review such applicant's application, but the department shall not be required to complete such review within the onehundred-fifty-day time period. (d) The review of an application for a solid wastes disposal site and facility by a private contractor shall be based upon the same criteria as is used by the department of public health and environment under the provisions of section 30-20-103. (e) During the review period for an application, a private contractor shall contact the applicant and the department concerning any problems such private contractor finds in such application and shall offer the applicant an opportunity to provide such materials or explanations as the private contractor determines are necessary to complete review of such application or to make necessary amendments to such application. (3) Any moneys which are collected by the department from solid wastes disposal site and facility applicants in payment for private contractor application review fees shall be transmitted to the state treasurer, who shall credit the same to the solid waste management fund created in section 30-20-118. Such moneys collected for the fees charged by private contractors shall be annually appropriated by the general assembly to the department for the sole purpose of transferring such fees to such private contractors in payment for their services. Source: L. 91: Entire section added, p. 956, § 2, effective July 1. L. 94: (2)(d) amended, p. 2800, § 558, effective March 9. 30-20-104. Factors to be considered. (1) In considering an application for a proposed solid wastes disposal site and facility, the governing body having jurisdiction shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by county, district, or municipal public health agencies. Colorado Revised Statutes 2019 Page 203 of 433 Uncertified Printout (2) Except as provided in this part 1, designation of approved solid wastes disposal sites and facilities shall be discretionary with the governing body having jurisdiction, subject to judicial review by the district court of appropriate jurisdiction. (3) (a) Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall require that the report, which shall be submitted by the applicant under section 30-20-103, be reviewed and a recommendation as to approval or disapproval be made by the department and shall be satisfied that the proposed solid wastes disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in its final report shall be incorporated as requirements in the certificate of designation. The application, report of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, shall provide a description of such proposed site and facility, and shall provide a description of the geographic area that is within three miles of such proposed site and facility. The notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed solid wastes disposal site and facility is located at least ten but no more than thirty days prior to the date of the hearing. In addition, the notice of such public hearing shall be posted at a conspicuous point in at least one location at the offices of the governing body having jurisdiction and in at least one location at the proposed site. Such notice shall be posted for a period beginning at least thirty days before the public hearing and continuing through the date of such hearing. (b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body shall hear any written or oral testimony presented by governmental entities and residents concerning such proposed site or facility. All such testimony shall be considered by the governing body having jurisdiction in making a decision concerning such application. For the purposes of this subsection (3), "residents" means all individuals who reside within the geographic area controlled by the governing body having jurisdiction or within three miles of the proposed site and facility or who own property which lies within three miles of such proposed site and facility without regard to which county or municipality such individuals reside within. Source: L. 67: p. 760, § 4. C.R.S. 1963: § 36-23-4. L. 71: p. 341, § 5. L. 91: Entire section amended, p. 966, § 6, effective June 5. L. 98: (3)(a) amended, p. 881, § 7, effective July 1. L. 2010: (1)(d) amended, (HB 10-1422), ch. 419, p. 2119, § 164, effective August 11. 30-20-104.5. Closure and postclosure care estimates - corrective action cost estimates - financial assurance requirements - rules. (1) The solid and hazardous waste commission shall promulgate rules that implement financial assurance requirements for the final closure of solid wastes disposal sites and facilities, the conduct of postclosure care for such sites and facilities, and the undertaking of any corrective action made necessary by the migration of contaminants from such sites and facilities into groundwater. Such rules shall include, but are not limited to, the following requirements: (a) That the owner or operator of any solid wastes disposal site and facility shall maintain: Colorado Revised Statutes 2019 Page 204 of 433 Uncertified Printout (I) A detailed written estimate of the cost of hiring a third party to close the largest area of such site and facility which has or will require a cover during the active life of such site and facility; and (II) A detailed written estimate of the cost of hiring a third party to conduct postclosure care at such site and facility; (b) That the owner or operator of any solid wastes disposal site and facility that is required to undertake a corrective action program pursuant to the requirements of subpart E of the federal regulations promulgated pursuant to the provisions of subtitle D of the federal "Resource Conservation and Recovery Act of 1976", as amended, shall maintain a detailed written estimate of the cost of hiring a third party to perform such corrective action; (c) That the owner or operator of any solid wastes disposal site and facility shall notify the department when the cost estimates required by paragraphs (a) and (b) of this subsection (1) have been placed in the operating file for such site and facility; (d) That the owner or operator of any solid wastes disposal site and facility shall: (I) Express the cost estimates required by paragraphs (a) and (b) of this subsection (1) in current dollars; (II) Annually adjust such cost estimates to account for inflation; and (III) Increase such cost estimates under the following circumstances: (A) The cost estimate for the cost of hiring a third party to close such site and facility maintained pursuant to the provisions of subparagraph (I) of paragraph (a) of this subsection (1) shall be increased if changes to the closure plan for such site and facility or changes in the conditions of such site and facility increase the maximum cost of closure at any time during the remaining active life of such site and facility. (B) The cost estimate for the cost of hiring a third party to conduct postclosure care for such site and facility maintained pursuant to the provisions of subparagraph (II) of paragraph (a) of this subsection (1) shall be increased if changes to the postclosure plan for such site and facility or changes in the conditions of site and facility increase the maximum cost of postclosure care for such site and facility. (C) The cost estimate, if any, for the cost of hiring a third party to undertake corrective action for such site and facility maintained pursuant to the provisions of paragraph (b) of this subsection (1) shall be increased if changes in the corrective action program for such site and facility or changes in the conditions of such site and facility increase the maximum cost of corrective action for such site and facility. (e) That the owner or operator of any solid wastes disposal site and facility shall comply with the financial assurance requirements mandated by the rules of the solid and hazardous waste commission promulgated pursuant to subsection (3) of this section. (2) The owner or operator of a solid wastes disposal site and facility may reduce the amount of a cost estimate maintained pursuant to the provisions of paragraph (a) or (b) of subsection (1) of this section if such cost estimate exceeds the maximum cost of completing the actions contemplated by such cost estimate. (3) (a) The solid and hazardous waste commission shall promulgate rules that require the owner or operator of a solid wastes disposal site and facility to establish sufficient financial assurance to pay for the cost estimates required by paragraphs (a) and (b) of subsection (1) of this section. No solid wastes disposal site and facility shall operate without being in compliance with the financial assurance requirements contained in such rules. Such rules shall include, but Colorado Revised Statutes 2019 Page 205 of 433 Uncertified Printout shall not be limited to, provisions that define the mechanisms that may be used by the owner or operator of a solid wastes disposal site and facility to establish sufficient financial assurance pursuant to this section. The mechanisms to establish financial assurance that are defined by the commission shall include, but are not limited to, those mechanisms authorized by the federal regulations promulgated pursuant to subtitle D of the federal "Resource Conservation and Recovery Act of 1976", as amended. (b) (I) The sufficiency of the financial assurance provided pursuant to the provisions of paragraph (a) of this subsection (3) for any proposed solid wastes disposal site and facility shall be reviewed as part of the department's review of the application for such proposed site and facility pursuant to the provisions of this section. (II) The sufficiency of the financial assurance provided pursuant to the provisions of paragraph (a) of this subsection (3) for any solid wastes disposal site and facility that is in existence at the time the applicable regulations of the department become effective shall be reviewed pursuant to the procedures established by the department. Such review may be performed either by the department or by a private contractor hired by the department for the purpose of completing such review. The department is authorized to impose a fee for any such review that is performed by the department; except that such fee shall not exceed the actual documented costs incurred by the department in the performance of such review. Except as otherwise provided in this section, any such review that is performed by a private contractor shall be conducted pursuant to the provisions of section 30-20-103.7. (3.5) The department, pursuant to the provisions of part 14 of article 30 of title 24, C.R.S., is authorized to contract with one or more private contractors for the purpose of conducting the third-party closure, postclosure care, or corrective action at a solid waste facility as may be necessary. The department is authorized to expend such moneys for closure, postclosure care, or corrective action as is made available to the department by operation of law from the financial assurance mechanisms provided by the owner or operator of the solid wastes site and facility. Any such contract shall be between the department and the private contractor. The owner or operator shall not be a party to such contract. The department may disallow a contractor because of conflicts of interest or other reasons. The department may contract with the governing body that issued the certificate of designation to conduct such closure, postclosure care, or corrective action. (4) The rules promulgated by the solid and hazardous waste commission pursuant to this section shall comply with the federal regulations promulgated pursuant to subtitle D of the federal "Resource Conservation and Recovery Act of 1976", as amended. Such rules shall require that all solid wastes disposal sites and facilities be fully in compliance with such rules by the date established in the federal "Resource Conservation and Recovery Act of 1976", as amended, and its regulations. Source: L. 92: Entire section added, p. 1276, § 3, effective July 1. L. 94: (4) amended, p. 33, § 3, effective March 9. L. 98: (3.5) added, p. 882, § 8, effective July 1. L. 2006: IP(1), (1)(e), (3)(a), and (4) amended, p. 1135, § 17, effective July 1. 30-20-105. Certificate - state financial assurance requirements. (1) If the governing body having jurisdiction deems that a certificate of designation should be granted to the applicant, it shall issue the certificate, and such certificate shall be displayed in a prominent Colorado Revised Statutes 2019 Page 206 of 433 Uncertified Printout place at the site and facility. Such governing body shall not issue a certificate of designation if the department has recommended disapproval pursuant to section 30-20-103. (2) No governing body having jurisdiction shall require an applicant for a certificate of designation to obtain any financial assurance mechanism or amount in addition to that required by the provisions of section 30-20-104.5. (3) The department, on behalf of the solid and hazardous waste commission, shall consult the governing body having jurisdiction prior to the promulgation of the rules called for in this section and prior to accepting a financial assurance. The recommendations of such governing body shall be considered in formulating the rules and establishing the amount of financial assurance to be posted. Source: L. 67: p. 760, § 5. C.R.S. 1963: § 36-23-5. L. 71: p. 342, § 6. L. 91: Entire section amended, p. 967, § 7, effective June 5. L. 92: Entire section amended, p. 1279, § 4, effective July 1; (2) amended, p. 2187, § 71, effective July 1. L. 2006: (3) amended, p. 1135, § 18, effective July 1. 30-20-106. Private disposal prohibited - when. (Repealed) Source: L. 67: p. 760, § 6. C.R.S. 1963: § 36-23-6. L. 71: p. 343, § 7. L. 81: Entire section repealed, p. 1360, § 7, effective July 1. 30-20-107. Designation of exclusive sites and facilities. The governing body of any county or municipality may by ordinance designate and approve one or more solid wastes disposal sites and facilities, either within or without its corporate limits, if designated and approved by the governing body having jurisdiction, as its exclusive solid wastes disposal site and facility or sites and facilities, and thereafter each such site and facility shall be used by such county or municipality for the disposal of its solid wastes; but, prior to any such designation and approval, such governing body shall hold a public hearing to review the disposal method to be used and the fees to be charged, if any. Source: L. 67: p. 760, § 7. C.R.S. 1963: § 36-23-7. L. 71: p. 343, § 8. L. 91: Entire section amended, p. 967, § 8, effective June 5. 30-20-107.5. Operation of landfill gas facilities within solid wastes disposal sites and facilities. The governing body of any municipality or county shall have the authority to make such provisions as may be necessary for the operation of landfill gas facilities within any solid wastes disposal site or facility under its jurisdiction to enable the municipality or county to exercise its powers relating to landfill gas operations under sections 30-11-307 and 31-15-716, C.R.S. Source: L. 80: Entire section added, p. 653, § 4, effective July 1. 30-20-108. Contracts with governmental units authorized. (1) An approved solid wastes disposal site and facility may be operated by any person pursuant to contract with any governmental unit. Colorado Revised Statutes 2019 Page 207 of 433 Uncertified Printout (2) Any municipality or county acting by itself or in association with any other such governmental unit may establish and operate an approved site and facility under such terms and conditions as may be approved by the governing bodies of the governmental units involved. (3) Any county or municipality acting by itself or in association with any other such governmental unit may acquire by condemnation such sites as are needed for trash disposal purposes. Source: L. 67: p. 760, § 8. C.R.S. 1963: § 36-23-8. L. 71: p. 343, § 9. L. 91: (2) and (3) amended, p. 968, § 9, effective June 5. 30-20-109. Commission to promulgate rules - definitions. (1) The solid and hazardous waste commission shall promulgate rules for the engineering design and operation of solid wastes disposal sites and facilities, which may include: (a) The establishment of engineering design criteria applicable, but not limited, to protection of surface and subsurface waters, suitable soil characteristics, distance from solid wastes generation centers, access routes, distance from water wells, disposal facility on-site traffic control patterns, insect and rodent control, methods of solid wastes compaction in the disposal fill, confinement of windblown debris, recycling operations, fire prevention, and final closure of the compacted fill; (b) The establishment of criteria for solid wastes disposal sites and facilities which will place into operation the engineering design for such disposal sites and facilities; (c) (Deleted by amendment, L. 91, p. 958, § 3, effective July 1, 1991.) (d) The establishment of a reviewing fee to be charged by the department for the review of any written recommendation and findings of a private contractor who has acted in lieu of the department to review an application for a solid wastes disposal site and facility under the provisions of section 30-20-103.7 for compliance with the state's requirements. Such fee shall not exceed actual and reasonable costs and shall not exceed five thousand dollars. (e) The establishment of a fee for the technical review described in section 30-20-119 (2), which fee shall not exceed ten thousand dollars, or the actual cost of such technical review. (1.5) (a) As used in this subsection (1.5): (I) "EP waste" means exploration and production waste, as that term is defined in section 34-60-103, C.R.S. (II) "EP waste disposal facility" means a commercial solid wastes disposal site and facility that accepts the deposit of EP waste. (b) The solid and hazardous waste commission shall promulgate rules that are specifically applicable to the deposit of EP waste at an EP waste disposal facility. The rules shall include the following: (I) Mandatory set-backs of EP waste disposal facilities of one-half mile from all residences, educational facilities, day care centers, hospitals, nursing homes, jails, hotels, motels, other occupied structures, or outside activity areas such as parks and playing fields as designated in the rules; (II) Mandatory fabricated liners and monitoring requirements as necessary to prevent the migration of EP waste to groundwater; (III) Waste analysis and reporting requirements to ensure that only EP waste is disposed of at an EP waste disposal facility; Colorado Revised Statutes 2019 Page 208 of 433 Uncertified Printout (IV) Fencing and netting requirements to prevent the public and wildlife from accessing EP waste disposal facilities; (V) Contingency plans to respond to emergencies, including adequate freeboard, overflow ponds, or both; and (VI) Financial assurance requirements that are adequate to cover closure and reclamation costs. (c) Except as provided in paragraph (e) of this subsection (1.5), an EP waste disposal facility that accepted EP waste on or before June 4, 2008, and that had not begun closure by June 4, 2008, shall: (I) File an application pursuant to section 30-20-103 within three months after the rules promulgated pursuant to this subsection (1.5) become effective with the governing body having jurisdiction to amend the facility's certificate of designation to incorporate the requirements specified in the rules; and (II) Comply with the rules promulgated pursuant to this subsection (1.5) within twentyfour months after they become effective, unless the EP waste disposal facility demonstrates to the department no later than eighteen months after the rules become effective why it cannot timely comply with the rules and the department agrees to a compliance schedule. In such case, the department may extend the compliance deadline to no more than thirty-six months after the rules become effective; except that nothing in this subsection (1.5) shall be deemed to: (A) Require an EP waste disposal facility that lawfully accepted EP waste on or before June 4, 2008, to comply with the set-back requirements of this subsection (1.5); or (B) Place an EP waste disposal facility into noncompliance because of an alleged violation of a set-back requirement of this subsection (1.5) due solely to the fact that a residential or other occupied structure or a designated outside activity area is established within the set-back distance on or after issuance of the certificate of designation pursuant to this subsection (1.5). (d) The department shall: (I) Coordinate with the Colorado oil and gas conservation commission created in section 34-60-104, C.R.S., governing bodies having jurisdiction, and the federal bureau of land management to identify potential EP waste disposal sites that are located reasonably close to oil and gas operation areas on either federal or nonfederal land and that meet the set-back requirements of this subsection (1.5); and (II) To the extent practicable, encourage governing bodies having jurisdiction and the federal bureau of land management to approve the siting of EP waste disposal sites at locations identified pursuant to this paragraph (d) when so requested by a commercial operator. (e) (I) Upon the recommendation of the department, the solid and hazardous waste commission may waive, for individual impoundments, the requirement imposed pursuant to paragraph (c) of this subsection (1.5) that an EP waste disposal facility that accepted EP waste on or before June 4, 2008, but had not begun closure by that date, must install fabricated liners. The department may recommend a waiver only if all of the following conditions are met: (A) There have been no unpermitted discharges to groundwater or surface water from the operation of the facility; (B) Each impoundment for which a waiver is requested is located more than one thousand feet from any public or private water well or surface water; Colorado Revised Statutes 2019 Page 209 of 433 Uncertified Printout (C) The owner or operator complies with mandatory monitoring and reporting requirements as determined by the department, including, but not limited to, individual impoundment leak detection monitoring; and (D) The owner or operator is not subject to any outstanding compliance orders or enforcement actions with regard to the design, operation, or closure of the facility. (II) If, at any time, the department determines that one or more of the conditions specified in subparagraph (I) of this paragraph (e) are no longer met, the department may bring the relevant information to the solid and hazardous waste commission with a recommendation to rescind the waiver of the requirement to install fabricated liners. If the solid and hazardous waste commission determines that one or more of the conditions are no longer being met, the solid and hazardous waste commission may rescind the waiver and instruct the department to establish a compliance schedule for the owner or operator to install fabricated liners. (2) The solid and hazardous waste commission may promulgate rules concerning: (a) The establishment of an initial examination of each application for a solid wastes disposal site and facility to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application, and the department shall mail written notification to an applicant and to the governing body having jurisdiction within such time period stating the decision of the department to begin its review of such application or to reject the application based on incompleteness. (b) The establishment of a fee for the review of solid wastes disposal site and facility submittals and the preoperation inspection for such site and facility, for the attendance of department staff at public meetings and associated activities, and for the assessment of remediation activities concerning closed or old disposal sites or spill and incident clean-ups. The total fee charged for the review of an application or amendments to an application shall not exceed the actual documented costs incurred by the department in the performance of these activities and shall be subject to the maximum levels established in accordance with the provisions of subsection (2.5) of this section. Such review shall be completed within one hundred fifty days from date of issuance of the department's decision to begin its review. Moneys from the collection of such fees shall be credited to the solid waste management fund pursuant to the provisions of section 30-20-118. Such moneys shall be used solely to support the application review process and to support the staff of the department involved with such process. (c) (Deleted by amendment, L. 98, p. 882, § 9, effective July 1, 1998.) (d) The establishment of criteria for composting sites and facilities for which a certificate of designation is not required under section 30-20-102 (8). (2.5) The solid and hazardous waste commission shall promulgate rules pertaining to the assessment of annual fees and document review and activity fees to offset program costs from solid waste disposal sites and facilities in accordance with the following requirements: (a) Annual fees shall be established for solid waste disposal sites and facilities that are not required to pay solid waste user fees imposed pursuant to section 25-16-104.5, C.R.S. The fee imposed by this paragraph (a) shall not exceed five thousand dollars per year per facility; except that a monofill facility that contains coal combustion products shall be exempt from the fee imposed by this paragraph (a). The annual fee shall be uniform among owners of the same type of, and similarly sized, facility and shall consider the department's level of effort in regulating the facilities. Colorado Revised Statutes 2019 Page 210 of 433 Uncertified Printout (b) The hourly charge for the document review and activity fees shall be established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews. (c) The department shall provide a receipt for the fees paid pursuant to this subsection (2.5), shall transmit such payments to the state treasurer, and accept the state treasurer's receipt in return for the payments transmitted. The state treasurer shall credit one hundred percent of the fees transmitted pursuant to this paragraph (c) to the solid waste management fund created in section 30-20-118 (1) to be used by the department in carrying out its duties and responsibilities concerning solid waste management. (2.7) If the department determines that a site or facility is or has been subject to payment of the annual fee requirements pursuant to subsection (2.5) of this section and has not paid any portion of the amount of fees due and owing, in addition to any other remedies the department may have in such circumstances as provided by law, the department may assess the site or facility an additional fee to offset program costs caused by the site or facility, which additional fee shall be equivalent to double the amount of the estimated annual fee, without interest, that the site or facility would have paid the department if the fee had been paid as required by law. (3) Any applicant aggrieved by a recommendation of the department concerning an application for a solid wastes disposal site and facility shall be entitled to a hearing and review pursuant to the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. (4) (a) Any and all rules promulgated by the department of public health and environment prior to the transfer of its rule-making authority under this section to the state board of health shall remain in full force and effect after the date of such transfer. (b) All acts, orders, and rules adopted by the state board of health under the authority of this part 1 prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said part, be deemed and held to be legal and valid in all respects, as though issued by the solid and hazardous waste commission under the authority of this part 1. No provision of this part 1 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date. Source: L. 67: p. 761, § 9. C.R.S. 1963: § 36-23-9. L. 71: p. 343, § 10. L. 85: (1)(c) added, p. 1065, § 1, effective July 1. L. 91: Entire section amended, p. 968, § 10, effective June 5; (1)(c) amended and (1)(d) and (2) added, pp. 958, 954, §§ 3, 2, 4, effective July 1. L. 93: (1)(d) amended, p. 475, § 1, effective April 21. L. 94: IP(1), IP(2), and (2)(c)(I) amended and (4) added, p. 33, § 4, effective March 9; (2)(c)(I) and (4) amended, pp. 2616, 2620, 2800, §§ 26, 33, 559, effective July 1. L. 95: IP(2) and (2)(c) amended, p. 156, § 1, effective July 1. L. 96: (2)(c)(I) amended, p. 33, § 1, effective March 18. L. 98: (1)(d), IP(2), (2)(b), and (2)(c) amended and (2)(d) added, p. 882, § 9, effective July 1. L. 2006: IP(1), IP(2), and (4) amended, p. 1136, § 19, effective July 1. L. 2007: (1)(d) and (2)(b) amended and (2.5) and (2.7) added, p. 1144, § 10, effective July 1. L. 2008: (1.5) added, p. 2168, § 2, effective June 4. L. 2009: IP(1.5)(c) amended and (1.5)(e) added, (HB 09-1056), ch. 301, p. 1607, § 3, effective May 21. Colorado Revised Statutes 2019 Page 211 of 433 Uncertified Printout Editor's note: Amendments to this section by Senate Bill 91-160, Senate Bill 91-168, and Senate Bill 91-174 were harmonized. Amendments to subsection (2)(c)(I) by House Bill 941077 and House Bill 94-1029 were harmonized. Cross references: (1) In 2007, subsections (1)(d) and (2)(b) were amended by the "Recycling Resources Economic Opportunity Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007. (2) For the legislative declaration contained in the 2008 act enacting subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2008. 30-20-110. Minimum standards. (1) The rules promulgated by the solid and hazardous waste commission and implemented by the department shall contain the following minimum standards: (a) Such sites and facilities shall be located, operated, and maintained in a manner so as to control obnoxious odors and prevent rodent and insect breeding and infestation, and they shall be kept adequately covered during their use. (b) Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the department, the water quality control commission, and all applicable zoning laws and ordinances. (c) No radioactive materials or materials contaminated by radioactive substances shall be disposed of in sites or facilities not specifically designated for that purpose. (d) A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects, rodents, and smoke; and shall provide compacted fill material; shall provide adequate cover with suitable material and surface drainage designed to prevent ponding and water and wind erosion and prevent water and air pollution; and, upon being filled, shall be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area. In the operation of such a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded; shall be placed in the most dense volume practicable using moisture and compaction or other method approved by the department; shall be fire, insect, and rodent resistant through the application of an adequate layer of inert material at regular intervals; and shall have a minimum of windblown debris which shall be collected regularly and placed into the fill. (e) Sites and facilities shall be adequately fenced so as to prevent waste material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line. (f) Solid wastes deposited at any site and facility shall not be burned, other than by incineration in accordance with a certificate of designation issued pursuant to section 30-20-105; except that, in extreme emergencies resulting in the generation of large quantities of combustible materials, authorization for burning under controlled conditions may be given by the department. (g) All facilities shall have a waste characterization plan approved by the department that is consistent with the certificate of designation for the facility. The plan shall outline screening methodologies and waste handling procedures and shall include a hazardous waste exclusion plan. Colorado Revised Statutes 2019 Page 212 of 433 Uncertified Printout (h) Material that is beneficially used shall be incorporated into the soil in the shortest time frame that is practicable, allowing for weather conditions. Materials that may be beneficially used under this section may not be stockpiled for long periods or used in such a manner that the material constitutes a public nuisance. (i) Minimum standards for facilities that do not need a certificate of designation under section 30-20-102 (5) shall include an annual report of quantities of materials managed at the site. (j) Such minimum standards shall require the reporting, documentation, or remediation of spills at illegal disposal sites, abandoned disposal sites, or contaminated sites. (2) Any provision of section 25-7-108, C.R.S., to the contrary notwithstanding, the board of county commissioners in any county with less than twenty-five thousand population, according to the latest federal census, and any municipality within a county which county has a population under ten thousand and subject to approval of the board of county commissioners, is authorized to develop regulations, by resolution or ordinance, permitting the noncommercial burning of trash in the unincorporated area and, if appropriate, the incorporated areas of said county; except that no permit shall be issued which shall allow the county, or municipality if appropriate, to exceed primary and secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto, or which would contribute to any other county or municipality exceeding primary or secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto. (3) As used in subsection (2) of this section, "noncommercial burning of trash" includes the burning of wood waste in wigwam wood waste burners. Source: L. 67: p. 761, § 10. C.R.S. 1963: § 36-23-10. L. 71: p. 344, § 11. L. 79: (3) added, p. 1059, § 8, effective June 20; (1)(f) amended and (2) added, p. 1148, § 2, effective June 29. L. 81: IP(1) amended, p. 1359, § 4, effective June 19. L. 89: (2) amended, p. 1284, § 1, effective April 12. L. 98: IP(1) amended and (1)(g) to (1)(j) added, p. 884, § 10, effective July 1. L. 2006: IP(1) amended, p. 1136, § 20, effective July 1. Cross references: For the "Colorado Air Pollution Prevention and Control Act", see article 7 of title 25; for water quality control, see article 8 of title 25. 30-20-110.5. Beneficial use of biosolids - water quality control commission to set fees - fund created. (1) The water quality control commission shall establish, and may revise as necessary, a schedule of nonrefundable fees to cover the reasonable costs of implementing a program for the beneficial use of biosolids. Such fees shall be imposed upon the producers of biosolids that are applied for beneficial use. In no event shall the fee exceed two dollars and forty cents per dry ton of biosolids. (2) Repealed. (3) All fees collected pursuant to subsection (1) of this section shall be transmitted to the state treasurer, who shall credit the same to the biosolids management program fund, which fund is hereby created. The moneys in such fund shall be subject to annual appropriation to the department by the general assembly, which shall review expenditures of such moneys to assure that they are used to accomplish the purposes of this section. Any interest earned on moneys in the fund shall remain in the fund to be used for purposes of this section. Colorado Revised Statutes 2019 Page 213 of 433 Uncertified Printout Source: L. 86: Entire section added, p. 1042, § 1, effective July 1. L. 96: (2) repealed, pp. 1217, 1245, §§ 6, 111, effective August 7. L. 2006: (1) and (3) amended, p. 1136, § 21, effective July 1. Cross references: For the legislative declaration contained in the 1996 act repealing subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996. 30-20-111. Departments to render assistance. The department and county, district, and municipal public health agencies shall render technical advice and services to owners and operators of solid wastes disposal sites and facilities and to municipalities and counties in order to assure that appropriate measures are being taken to protect the public health, safety, and welfare. In addition, the department has the duty to coordinate the solid wastes program under this part 1 with all other programs within the department and with the other agencies of state and local government which are concerned with solid wastes disposal. Source: L. 67: p. 761, § 12. C.R.S. 1963: § 36-23-12. L. 71: p. 344, § 12. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2119, § 165, effective August 11. 30-20-112. Revocation of certificate. The governing body having jurisdiction, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation that has been granted by it for failure of a site and facility to comply with all applicable laws, resolutions, and ordinances or to comply with the provisions of this part 1 or any rule or regulation adopted pursuant thereto. Source: L. 67: p. 761, § 13. C.R.S. 1963: § 36-23-13. L. 71: p. 344, § 13. L. 91: Entire section amended, p. 970, § 11, effective June 5. 30-20-113. Inspection - enforcement - nuisances - violations - civil penalty. (1) A person shall not: (a) Abandon a solid wastes disposal site and facility or operate, maintain, or close such a facility in a manner that violates any of the provisions of this part 1, any rule or regulation adopted pursuant thereto, or any certificate of designation issued under section 30-20-104; (b) Dispose of solid waste at a location other than a site designated for such use by a county or municipality, unless otherwise exempted by this part 1 or unless the person is disposing of his or her own waste on his or her own property; (c) Dispose of solid wastes in any manner that violates any of the provisions of part 10 of this article or any rule adopted pursuant thereto; (d) Collect, transport, store, process, or dispose of trap grease in any manner that violates section 30-20-123 or any rule promulgated pursuant thereto; (e) Violate any provision of part 14 of this article or any rule adopted pursuant to part 14 of this article. (2) (a) Whenever the department finds that any solid wastes disposal site and facility or any person is in violation of subsection (1) of this section, the department may issue an order requiring that the site and facility or person comply with any such requirement, rule, or certificate of designation and may request the attorney general to bring suit for injunctive relief Colorado Revised Statutes 2019 Page 214 of 433 Uncertified Printout or for penalties pursuant to this section. The department shall not be required to conduct a hearing in accordance with section 24-4-105, C.R.S., before issuing an order pursuant to this subsection (2). (b) (I) An order issued pursuant to this subsection (2) may include an administrative penalty assessment as provided in subsection (4) or (5) of this section. In lieu of imposing an administrative penalty assessment for a violation of subsection (1) of this section, the department may seek to have a civil penalty imposed, as provided in subsection (4) or (5) of this section, for such violation. The department shall bring an action for a civil penalty in the district court for the judicial district in which the violation occurred. (II) If the department issues an order that does not contain an administrative penalty assessment, the department shall not be precluded from subsequently imposing an administrative penalty assessment or seeking a civil penalty for the violations detailed in the order. (c) The department shall serve an order issued pursuant to this subsection (2) on the person who is the subject of the order by personal service or by certified mail. In addition to imposing an administrative penalty, the order may prohibit the person from engaging in specified activity in violation of subsection (1) of this section or may require the person to comply with the requirements of part 1 or part 10 of this article. The order shall take effect upon issuance unless otherwise specified in the order. (2.5) (a) A person against whom an order has been issued, referred to in this section as the "requesting party", may submit a written request to the office of administrative courts in the department of personnel for a hearing on the order and shall provide a copy of the request to the executive director of the department or the executive director's designee. The requesting party shall file the request for hearing by personal service or by certified mail within thirty calendar days after the effective date of the order. An administrative law judge from the office of administrative courts shall conduct the hearing in accordance with section 24-4-105, C.R.S., except as otherwise specified in this section. (b) If a request for a hearing is filed, payment of any monetary penalty is stayed pending a final decision by the administrative law judge after the hearing on the merits. Absent a motion to stay the order pursuant to paragraph (c) of this subsection (2.5), the requesting party shall comply with any other requirements of the order. If the administrative law judge grants a motion to stay the order, the department shall not be precluded from imposing a penalty against the requesting party for subsequent violations of subsection (1) of this section. (c) (I) The requesting party may submit a motion to the administrative law judge to stay the enforcement of the order pending the outcome of the hearing. The administrative law judge may grant the motion to stay any portion of the order if he or she determines that the balance of equities favors the requesting party. In making his or her determination, the administrative law judge shall consider the following factors: (A) The probability of serious harm to the requesting party if the motion for a stay is denied; (B) The probability that no serious harm to the public health or the environment will occur if the motion for a stay is granted; (C) The merits of the requesting party's case; and (D) The public interest. Colorado Revised Statutes 2019 Page 215 of 433 Uncertified Printout (II) If the administrative law judge grants a stay of all or a portion of the order, the requesting party shall not be excused from its obligations under applicable laws, rules, permits, and valid, existing orders. (III) The administrative law judge shall expedite hearings and determinations on a motion to stay an order. The requesting party bears the burden of proof in a motion to stay an order. (d) Except as provided in subparagraph (III) of paragraph (c) of this subsection (2.5), the department bears the burden of proof by a preponderance of the evidence in a hearing pursuant to this subsection (2.5). (e) (I) Upon the motion of a party to the hearing, and in the discretion of the administrative law judge, an administrative law judge may request an interpretive rule from the solid and hazardous waste commission pertaining to any rule that is at issue in the hearing, but only if there is no genuine issue of material fact or the parties have stipulated to the material facts for the purposes of the interpretive rule. The administrative law judge may adjust the schedule of the hearing to accommodate the receipt of an interpretive rule. In making a determination on a motion to request an interpretive rule, the administrative law judge shall consider the following factors: (A) Whether the plain language of the rule in question is clear and unambiguous; (B) Whether the proposed construction of the rule in question would lead to an absurd result; and (C) Whether the solid and hazardous waste commission has previously issued an interpretive rule concerning the subject of the request for an interpretive rule. (II) Notwithstanding section 24-4-103 (1), C.R.S., if the administrative law judge requests, and the solid and hazardous waste commission agrees to issue, an interpretive rule, the commission shall give notice to the public of the interpretive rule-making proceeding in accordance with section 24-4-103, C.R.S. The commission shall provide the notice within fortyfive days after receipt of the request. The commission shall accept written material, not to exceed fifteen pages in length, from any interested person if it is provided within fifteen days after the date that notification is given. The commission shall issue the written interpretive rule no later than thirty days after the deadline for the submission of written material. The legal effect of any such interpretive rule shall be determined in accordance with applicable law and is not presumed to be binding on any party to the hearing. (f) Notwithstanding section 24-4-105 (15), C.R.S., any appeal of a determination of the administrative law judge pursuant to this subsection (2.5) shall be filed in the appropriate district court in accordance with section 24-4-106, C.R.S. (2.7) The department shall bring an action for a violation of subsection (1) of this section within two years after the date the department discovers an alleged violation or within five years after the date the alleged violation occurred, whichever date occurs earlier; except that the limitation period is tolled during any period that a person intentionally conceals the alleged violation. For the purposes of this section, "intentionally" shall have the meaning provided for such term in section 18-1-501 (5), C.R.S. (3) Any solid wastes disposal site and facility found to be abandoned or inactive or that is operated, maintained, or closed in a manner so as to violate any of the provisions of this part 1 and part 10 of this article or any rule adopted pursuant thereto shall be deemed a public nuisance, and such violation may be enjoined by the department, the board of county commissioners of the Colorado Revised Statutes 2019 Page 216 of 433 Uncertified Printout county wherein the violation occurred, or the governing body of the municipality wherein the violation occurred. (4) Any person who violates paragraphs (b) and (c) of subsection (1) of this section shall be subject to a clean-up and cease-and-desist order issued by the department or by the board of county commissioners if the violation occurred in the unincorporated area of the county or by the governing body of a municipality if the violation occurred within the municipality. Any person who fails to comply with such orders shall be subject to an administrative or civil penalty of not more than ten thousand dollars for each day of such violation. The violation and civil penalty shall be determined and enforced by a court of competent jurisdiction upon action instituted by the board or governing body that issued the orders. The violation and administrative penalty shall be determined and enforced in accordance with subsections (2), (2.5), and (5.5) of this section. Any penalty collected shall be distributed to the county or municipality that instituted the action. (5) (a) Any person who is found pursuant to subsection (2) of this section to be in violation of subsection (1) of this section or who fails to comply with an order issued by the department shall be subject to an administrative or civil penalty of not more than ten thousand dollars for each day of such violation. (b) Any penalty collected by the department under this part 1 or part 10 of this article shall be paid to the state treasurer; however, notwithstanding this paragraph (b), the department may enter into settlement agreements regarding any penalty or claim under this part 1 or part 10 of this article. Any settlement agreement may include but is not necessarily limited to the payment or contribution of moneys to state or local agencies for environmentally beneficial purposes. (5.5) (a) In determining the amount of an administrative or civil penalty imposed pursuant to subsection (4) or (5) of this section for a violation of subsection (1) of this section, the department, the administrative law judge, or the court shall consider the following factors: (I) The seriousness of the violation; (II) Whether the violation was intentional, reckless, or negligent; (III) The impact upon or the threat to public health or the environment as a result of the violation; (IV) The degree, if any, of recalcitrance or recidivism upon the part of the violator; (V) The economic benefit realized by the violator as a result of the violation; (VI) The voluntary and complete disclosure by the violator of the violation in a timely manner after discovery of, and prior to the department's knowledge of, the violation, as long as all reports required to be submitted under state environmental laws have been submitted as and when required; (VII) The full and prompt cooperation by the violator following disclosure of the violation, including, when appropriate, entering into and implementing a good faith and legally enforceable agreement to undertake compliance and remedial efforts; (VIII) The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good faith manner and that includes sufficient measures to identify and prevent future noncompliance; and (IX) Other aggravating or mitigating circumstances or factors. Colorado Revised Statutes 2019 Page 217 of 433 Uncertified Printout (b) The factors contained in subparagraphs (VI), (VII), and (VIII) of paragraph (a) of this subsection (5.5) shall be mitigating factors and may be applied, together with other factors, to reduce the amount of the penalty. (6) The department, by its duly authorized representatives, shall have the power to enter and inspect each solid wastes disposal site and facility, as well as any property, premises, or place in which solid waste is reasonably believed to be located for the purposes of determining compliance with the requirements, rules, and certificate of designation issued pursuant to this part 1 and part 10 of this article. Such employee or representative shall have access to all such sites and facilities during any time when the site or facility is open to the public. If such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to and shall obtain from the district court for the judicial district in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district courts of this state are empowered to issue such warrants upon a showing that such entry and inspection is required to verify that the purposes of this part 1 and part 10 of this article are being carried out. (7) The solid and hazardous waste commission shall establish such rules as are necessary to implement this section. (8) Nothing in this section shall preclude or preempt the authority of a county or municipality to adopt or enforce its own local resolutions or ordinances. (9) Notwithstanding any other provision of this part 1 or part 10 of this article other than section 30-20-110.5, the processing, application, storage, or composting of biosolids or other materials under rules promulgated pursuant to section 25-8-205 (1)(e), C.R.S., shall be excluded from this part 1 and part 10 of this article. Source: L. 67: p. 762, § 14. C.R.S. 1963: § 36-23-14. L. 71: p. 345, § 14. L. 83: Entire section amended, p. 1240, § 3, effective July 1. L. 85: Entire section amended, p. 1067, § 1, effective July 1. L. 98: Entire section amended, p. 884, § 11, effective July 1. L. 2005: (1)(c) added and (3), (4), (5)(b), (6), and (9) amended, p. 1257, §§ 3, 4, effective August 8. L. 2006: (7) and (9) amended, p. 1137, § 22, effective July 1. L. 2009: (2), (4), and (5)(a) amended and (2.5), (2.7), and (5.5) added, (HB 09-1056), ch. 301, p. 1603, § 1, effective May 21. L. 2010: (1)(d) added, (HB 10-1125), ch. 349, p. 1608, § 1, effective August 11. L. 2012: (1)(d) amended, (SB 12-077), ch. 87, p. 287, § 2, effective April 6. L. 2014: IP(1) amended and (1)(e) added, (HB 141352), ch. 351, p. 1594, § 6, effective July 1. Cross references: For the legislative declaration contained in the 2005 act enacting subsection (1)(c) and amending subsections (3), (4), (5)(b), (6), and (9), see section 1 of chapter 285, Session Laws of Colorado 2005. 30-20-114. Violation - penalty. Any person who violates any provision of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. Nothing in this part 1 shall preclude or preempt a municipality from enforcement of its local ordinances. Each day of violation shall be deemed a separate offense under this section. Colorado Revised Statutes 2019 Page 218 of 433 Uncertified Printout Source: L. 67: p. 762, § 15. C.R.S. 1963: § 36-23-15. L. 71: p. 345, § 15. L. 83: Entire section amended, p. 1240, § 4, effective July 1. L. 91: Entire section amended, p. 970, § 12, effective June 5. L. 2009: Entire section amended, (HB 09-1056), ch. 301, p. 1607, § 2, effective May 21. 30-20-115. Solid wastes disposal site and facility fund - tax - fees. (1) Any governing body having jurisdiction is authorized to establish a solid wastes disposal site and facility fund. The governing body having jurisdiction may levy a solid wastes disposal site and facility tax, in addition to any other tax authorized by law, on the taxable property within a county or municipality, the proceeds of which shall be deposited to the credit of said fund and appropriated to pay the cost of land, labor, equipment, and services needed in the operation of solid wastes disposal sites and facilities and for any other solid wastes management purpose in or on behalf of that county or municipality. Any governing body having jurisdiction is also authorized, after a public hearing, to fix, modify, and collect service charges from users of solid wastes disposal sites and facilities or transfer stations for the purpose of financing solid wastes management in that county or municipality. In the event that a countywide solid waste disposal site and facility tax has been imposed with the consent of a majority of the voters in the county, that tax may continue to be collected countywide and may accrue to the county's solid waste disposal site and facility fund, notwithstanding any subsequent taxes as may be levied by any municipalities within the county under this section. (2) (a) Nothing in subsection (1) of this section shall be construed to authorize any governing body having jurisdiction to collect service charges from users of any privately owned or operated site and facility that is for the primary purpose of processing, reclaiming, or recycling: (I) Recyclable materials; (II) Excluded scrap metal; (III) Auto parts; or (IV) Scrap that is composed of worn out metal or a metal product that has outlived its original use, commonly referred to as obsolete scrap. (b) Nothing in this subsection (2) shall be construed to prohibit any governing body having jurisdiction from levying or collecting service charges from users of a solid wastes disposal site and facility at which recycling occurs. Source: L. 67: p. 762, § 16. C.R.S. 1963: § 36-23-16. L. 71: p. 345, § 16. L. 81: Entire section amended, p. 1359, § 5, effective June 19. L. 89: Entire section amended, p. 1282, § 2, effective July 1. L. 91: Entire section amended, p. 970, § 13, effective June 5. L. 92: Entire section amended, p. 1279, § 5, effective July 1. L. 2010: Entire section amended, (HB 10-1329), ch. 358, p. 1704, § 5, effective June 7. 30-20-116. Privately owned solid wastes disposal site and facility - user fees. Unless otherwise provided by home rule charter or contractual agreements, user fees to be charged at any privately owned solid wastes disposal site and facility shall not be increased unless notice of such increase is published in a newspaper of general circulation within the county where such site and facility is located at least once thirty days prior to the effective date of such increase. The provisions of this section shall not apply to any hazardous waste disposal site. Colorado Revised Statutes 2019 Page 219 of 433 Uncertified Printout Source: L. 81: Entire section added, p. 1360, § 6, effective June 19. 30-20-117. Siting and operation of solid waste-to-energy incineration system. The siting and operation of a solid waste-to-energy incineration system by any county or municipality separately or according to an intergovernmental agreement as authorized in part 9 of this article or part 10 of article 15 of title 31, C.R.S., shall not be subject to the provisions of this part 1, but such exemption shall, in no manner, limit the authority of a county or municipality to regulate a solid waste-to-energy incineration system as otherwise provided by law. Source: L. 83: Entire section added, p. 1241, § 1, effective May 31. 30-20-118. Solid waste management fund - created. (1) There is hereby created in the state treasury a fund to be known as the solid waste management fund, which shall consist of moneys collected pursuant to sections 30-20-103.7, 30-20-109, and 30-20-123, as well as that portion of the fee designated for solid waste management under section 25-16-104.5 (2), C.R.S. Such moneys shall be appropriated annually to the department by the general assembly. Except as provided in section 25-15-314, C.R.S., the moneys in the solid waste management fund shall not be credited or transferred to the general fund or any other fund of the state. (2) Moneys in the solid waste management fund may be appropriated by the general assembly for the implementation of the department's solid waste program pursuant to this part 1. Source: L. 85: Entire section added, p. 1065, § 2, effective June 6. L. 91: Entire section amended, p. 971, § 14, effective June 5; entire section amended, p. 954, § 3, effective July 1; entire section amended, p. 960, § 5, effective July 1. L. 98: Entire section amended, p. 886, § 12, effective July 1. L. 2006: (1) amended, p. 1137, § 23, effective July 1. L. 2010: (1) amended, (HB 10-1125), ch. 349, p. 1608, § 2, effective August 11. Editor's note: Amendments to this section by Senate Bill 91-160, Senate Bill 91-168, and Senate Bill 91-174 were harmonized. 30-20-119. Disposal of low-level radioactive waste. (1) No person shall dispose of low-level radioactive waste generated through the production of nuclear power or nuclear weapons, or any tools and equipment contaminated with slight amounts of radioactivity at power plants, hospitals, or research laboratories, that the United States nuclear regulatory commission or department of energy classified as low-level radioactive waste as of July 3, 1990, but which may be classified as below regulatory concern after that date, at any solid wastes disposal site and facility without the express written permission of the appropriate governmental entity which has the authority to grant a certificate of designation for such solid wastes disposal site and facility pursuant to section 30-20-102. This prohibition does not apply to products and materials specifically exempted by the United States nuclear regulatory commission prior to July 3, 1990; however, all other federal, state, and local regulations governing any other toxic or hazardous property of these products and materials shall still apply. (2) The appropriate governmental entity described in subsection (1) of this section shall require a technical review by the department of the low-level radioactive waste proposed to be Colorado Revised Statutes 2019 Page 220 of 433 Uncertified Printout disposed when permission is requested pursuant to subsection (1) of this section, and the department shall make a written recommendation to the governmental entity as to whether such waste should be accepted. The appropriate governmental entity shall charge a fee established pursuant to section 30-20-109 (1)(d) to the applicant for such technical review and transmit such fee to the department. Source: L. 91: Entire section added, p. 953, § 1, effective July 1. 30-20-120. Imminent and substantial endangerment from solid waste - definitions. (1) As used in this section, "imminent and substantial endangerment from solid waste" means: (a) Conditions involving landfill gases, groundwater contamination, landfill leachate, or discharges to surface water; and (b) Physical hazards originating from solid waste that present a threat to public health and safety or the environment. (2) (a) The department is authorized to expend moneys from the solid waste management fund created in section 30-20-118 to respond to and mitigate imminent and substantial endangerment from solid waste. (b) When expending any moneys pursuant to this section, the department shall give priority to mitigating the imminent nature of the endangerment instead of expending moneys for characterizing the endangerment. The department shall use its best efforts to minimize moneys expended for characterizing the endangerment. (3) The department shall not pursue an action under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 to 9675, to seek recovery of its costs incurred pursuant to this section. (4) At any reasonable time, in order to implement this section, the department, upon consent or upon obtaining a search warrant, shall have free and unimpeded access to all property that is the site of the solid waste, including all buildings, yards, warehouses, and storage facilities on such property in which it is reasonably believed that an imminent and substantial endangerment from solid waste exists. (5) The provisions of this section shall not apply to sites regulated by the oil and gas conservation commission, created by section 34-60-104, C.R.S., or the oil inspection section of the department of labor and employment, pursuant to article 20 of title 8, C.R.S. (6) Nothing in this section shall be construed to constitute a waiver of immunity that is otherwise applicable to the department or its employees, agents, or representatives. (7) Repealed. Source: L. 2001: Entire section added, p. 1100, § 3, effective July 1. L. 2003: (7) amended, p. 1811, § 2, effective May 21. L. 2008: (7) repealed, p. 177, § 18, effective March 24. 30-20-121. Moratorium on monofill for tires - whole tire disposal ban - reports plan - definition - repeal. (Repealed) Source: L. 2004: Entire section added, p. 1785, § 1, effective July 1. L. 2009: (2) amended and (3), (4), and (5) added, (SB 09-289), ch. 314, p. 1699, § 2, effective August 5. L. Colorado Revised Statutes 2019 Page 221 of 433 Uncertified Printout 2013: (4) amended, (SB 13-050), ch. 384, p. 2249, § 6, effective August 7. L. 2014: Entire section repealed, (HB 14-1352), ch. 351, p. 1596, § 13, effective July 1. 30-20-122. Additional duties of the department - data collection on recycling, solid waste, and solid waste diversion - report. (1) (a) The department shall collect information and data on recycling, solid waste, and solid waste diversion. Data required to be collected by the department on recycling, solid waste, and solid waste diversion as required by this subsection (1) shall include without limitation: (I) Statewide and regional solid waste stream components such as type of material, quantities of each material, and flow of each material; (II) The proportion of solid waste generated in the state that has been diverted to other uses that may be based upon a model established by the federal environmental protection agency for the purpose of calculating a recycling rate; (III) Reutilized materials, amounts, and rates; (IV) Technical and innovative solid waste management developments; (V) A statewide inventory of sites and facilities performing recycling or other solid waste processing or diversion; (VI) The number of jobs created and any other economic impacts resulting from the awarding of recycling resources economic opportunity grants made available pursuant to section 25-16.5-106.7, C.R.S.; and (VII) Other data as necessary to further the purposes of this part 1. (b) On or before February 1, 2009, and annually on or before February 1 of each calendar year thereafter, the department shall submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment that includes a summary of the information or data collected pursuant to paragraph (a) of this subsection (1) and all evaluations and conclusions drawn from the information or data collected. (2) The department shall hold any information or data submitted to it by solid waste entities pursuant to subsection (1) of this section as confidential business information upon request of the submitting entity if the information or data satisfies the definition of trade secret as specified in sections 7-7-102 (4) and 18-4-408 (2)(d), C.R.S. The burden of proving that the information or data is protected as a trade secret shall be upon the party asserting the claim. Source: L. 2007: Entire section added, p. 1145, § 11, effective July 1. Cross references: For the short title "Recycling Resources Economic Opportunity Act" and legislative declaration contained in the 2007 act enacting this section, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007. 30-20-123. Trap grease - registration - fees - record keeping - violations - rules definitions - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the safe and proper collection, transportation, and disposal of trap grease is a matter of statewide concern and that state oversight of persons and vehicles engaged in such actions is necessary to protect the public health and environment. The general assembly further declares that the state's sharing of data generated under this section with local entities that regulate waste Colorado Revised Statutes 2019 Page 222 of 433 Uncertified Printout disposal will enhance protection of the public health and environment, and, to that end, the department is encouraged to share such information with such other regulating entities. (2) As used in this section, unless the context otherwise requires: (a) "Collect" means to gather; except that "collect" does not include moving grease from one area or container to another area or container on the same premises. (b) "Commission" means the solid and hazardous waste commission created in section 25-15-302, C.R.S. (c) "Facility" means any real property location used for the collection, transportation, storage, processing, or disposal of grease, including, without limitation, a processing plant, transfer station, or trans-shipment location. "Facility" does not include a domestic wastewater treatment works as defined in section 25-8-103, C.R.S., that processes waste grease as part of its operations that are regulated by the department pursuant to article 8 of title 25, C.R.S. (d) "Grease" means trap grease in a quantity in excess of an amount determined by the commission by rule. (e) "Manifest" means the document used for identifying the quantity, composition, origin, routing, and destination of grease during its transportation from the point of generation to the point of storage, treatment, or disposal. (f) "Registrant" means a person registered under subsection (3) of this section. (g) "Store" means to possess, impound, contain, or control grease; except that "store" does not apply to the temporary retention of grease on the premises where the grease was initially generated. (h) "Transport" means to use a vehicle to haul, ship, carry, convey, or transfer grease from one place to another. "Transport" does not include moving grease generated on site into another on-site container, whether indoors or outdoors. (i) "Trap grease" means the residual yellow grease, waste water, debris principally derived from food preparation or processing, or other waste, that is intercepted by and contained in grease traps or grease interceptors. (j) "Yellow grease" means used cooking oil, spent shortenings, or any other inedible kitchen grease or waste vegetable oil produced by restaurant and food facilities. (3) (a) Registration. (I) Except as otherwise provided in this section, on and after the date specified by rule of the commission pursuant to subparagraph (III) of paragraph (a) of subsection (9) of this section: (A) No person shall collect, transport, store, process, or dispose of grease unless the person is validly registered with the department in accordance with this section and rules adopted by the commission under this section; (B) No facility, including a transfer station, shall accept grease for processing, handling, or storage unless the facility is validly registered with the department in accordance with this section and rules adopted by the commission under this section and prominently displays a decal issued pursuant to paragraph (b) of this subsection (3); and (C) No vehicle shall be used to transport grease unless the vehicle is validly registered with the department in accordance with this section and rules adopted by the commission under this section and displays a decal issued under paragraph (b) of this subsection (3). (II) A person registering a person, vehicle, or facility under this subsection (3) shall: (A) Submit to the department a registration application containing all the information required by the commission, in the form and manner specified by the commission; Colorado Revised Statutes 2019 Page 223 of 433 Uncertified Printout (B) Pay an annual registration fee, in a reasonable amount to cover the direct and indirect costs incurred by the department in administering this section, as determined by rule of the commission in accordance with paragraph (a.5) of subsection (9) of this section; and (C) Post, at the time of registration, a surety bond or other debt instrument or method of financial assurance, as determined by rule of the commission, with the department in an amount determined by the department to be reasonably sufficient to remediate any environmental or health harm caused by noncompliant disposal, dumping, or other release of grease. (III) Each person, facility, and vehicle engaged in the collection, transportation, processing, storage, or disposal of grease shall be separately registered; except that, if a person so engaged employs another person to collect, transport, process, store, or dispose of grease, the individual so employed is not required to be separately registered. (IV) Upon receiving the application, fee, and bond or other instrument of financial assurance required under subparagraph (II) of this paragraph (a), the department shall register the person, facility, or vehicle. At that time, the department shall provide to the registrant any necessary decals as described under paragraph (b) of this subsection (3). (b) Decals. (I) Upon registration of a facility or vehicle under paragraph (a) of this subsection (3), the department shall issue to the registrant decals necessary to comply with this subsection (3), which the registrant shall promptly affix to the registered facility or vehicle. (II) Decals shall be valid for a period determined by the commission by rule, not to exceed five years. A decal issued pursuant to this section shall contain the information required by rule promulgated by the commission, including at least an expiration date and the decal number. (c) Uniform manifests. (I) No registrant shall accept grease for transportation unless the registrant has completely filled out a uniform manifest on a form established or approved by the department and containing the information specified by rule promulgated by the commission, including at least the following: (A) The manifest number; (B) The decal number of the registered vehicle used to transport the grease; (C) The registrant's signature under penalty of perjury, name, address, telephone number, and registration number; (D) The current date; the facility registration number, name, address, and telephone number of the source of the grease; and the facility registration number, name, address, and telephone number of the facility to which the grease will be transported; and (E) The amount of grease in the load. (II) The registrant transporting the grease shall retain one copy of the manifest and shall provide one copy of the manifest to the source of the grease and the registered facility to which the grease is transported. (III) The registrant transporting the grease and the registered facility to which the grease is transported shall each keep a copy of the manifest for at least three years after the date stated on the manifest. (IV) The uniform manifest required under this section shall be available from the department's website in such a manner that enables a person to either print a hard copy of the manifest or complete, store, and submit the manifest electronically. A uniform manifest shall be maintained using the same medium in which it was filled out and in accordance with this section and rules promulgated by the commission. Colorado Revised Statutes 2019 Page 224 of 433 Uncertified Printout (4) A registrant shall keep and maintain, for at least two calendar years, certain records as prescribed by the commission, including manifests pursuant to paragraph (c) of subsection (3) of this section. The records shall be made available to the department for inspection upon request. (5) A registrant shall submit, on or before a date specified by rule of the commission, an annual report to the department regarding the registrant's collection, transportation, storage, processing, or disposal of grease. The information required in the report shall be specified by rule of the commission. The department shall keep confidential volumetric and proprietary information contained in the report. (6) A person arranging for the transportation or disposal of grease shall not contract with, engage, employ, or otherwise use a person other than a registrant for such purposes. (7) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), a person collecting or transporting grease for personal use shall comply with this subsection (7). (II) A person collecting, transporting, using, or storing grease for conversion to, and use by the person as, biofuel is exempt from paragraphs (b) and (c) of this subsection (7). (b) As used in this subsection (7), "personal use" means that the person collecting or transporting the grease intends to use the grease, and that such grease is limited to: (I) The transportation of at least a minimum quantity of grease, as determined by rule of the commission, and no more than fifty-five gallons of grease at a time; and (II) The possession of at least a minimum quantity of grease, as determined by rule of the commission, and no more than one hundred sixty-five gallons of grease at a time, which amount includes the quantity of grease being transported under subparagraph (I) of this paragraph (b). (c) On and after the date specified in subparagraph (III) of paragraph (a) of subsection (9) of this section, a person collecting or transporting grease for personal use shall register annually with the department as a personal user. The registration shall include identification of any vehicles or physical locations involved in the personal use. A person registering under this section shall pay a fee, in an amount sufficient to recover the direct and indirect costs of administering this section as determined by the commission in accordance with paragraph (a.5) of subsection (9) of this section, at the time of registration. (d) A person collecting or transporting grease under this subsection (7) shall not: (I) Barter, trade, or sell any portion of the grease to any person; or (II) Take any grease from any container owned by a registrant without the registrant's written permission. (8) All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the solid waste management fund created in section 30-20-118. (9) (a) By December 31, 2011, the commission shall promulgate reasonable rules to implement and administer this section, including rules specifying: (I) Appropriate methods to collect, transport, store, process, and dispose of grease; (II) The minimum amount of grease, the collection or transportation of which requires a person to register as a personal user under subsection (7) of this section; and (III) The date by which persons engaged in collecting, transporting, or disposing of grease must be registered under subsection (3) or (7) of this section, which date shall be ninety days after the date that the rules are adopted. (a.5) The fee amounts established by the commission under this section shall not exceed: Colorado Revised Statutes 2019 Page 225 of 433 Uncertified Printout (I) One thousand one hundred forty dollars per nonvehicle registrant; (II) Five hundred seventy dollars per vehicle; and (III) Ninety-six dollars per person registering as a personal user under subsection (7) of this section. (b) The commission may promulgate rules periodically as it deems necessary or convenient for the administration of this section. (10) Nothing in this section shall be construed to require registration by any person who is neither engaged in the business of, nor otherwise knowingly, collecting, transporting, or disposing of grease. However, if a solid waste hauler discovers grease that the hauler reasonably believes is in a quantity regulated by the department, the hauler shall immediately notify the department. The department shall then determine whether the hauler is required to register under this section in order to collect, transport, or dispose of the grease. (11) The department may make the data it collects under this section available to regulating entities. (12) (a) A person may store on the person's property grease that the person intends to use. (b) Notwithstanding any provision of law to the contrary, the department has exclusive authority to regulate the storage of grease. (13) The department is not authorized to regulate any yellow grease that is not intercepted by and contained in grease traps or grease interceptors. Source: L. 2010: Entire section added, (HB 10-1125), ch. 349, p. 1609, § 3, effective August 11. L. 2012: (1), (2)(d), and (2)(i) amended and (13) added, (SB 12-077), ch. 87, p. 286, § 1, effective April 6. PART 2 DISPOSAL DISTRICTS (1953 ACT) Cross references: For the "Special District Act", see article 1 of title 32. 30-20-201. Legislative declaration. It is declared that the creation of disposal districts, having purposes and powers provided in this part 2, will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants of said districts. Source: L. 53: p. 475, § 1. CRS 53: § 89-11-1. C.R.S. 1963: § 89-11-1. 30-20-202. Creation - proviso. (1) Whenever a county has established and maintains a county public health agency or, in conjunction with one or more adjacent counties, a district public health agency as provided by part 5 of article 1 of title 25, C.R.S., such county may establish one or more disposal districts. Such district shall be composed of the unincorporated area benefited by the establishment of the proposed disposal district for the collection and disposal of garbage, waste, and trash. The boundaries of such district are to be designated by the board of county commissioners of the county. Colorado Revised Statutes 2019 Page 226 of 433 Uncertified Printout (2) It is the duty of the county board of health or the district board of health, which the county maintains under the authority of part 5 of article 1 of title 25, C.R.S., upon request from the board of county commissioners of such county, to formulate a tentative plan for the formation of such disposal district, said plan to include: Recommendations as to the area to be benefited; a detailed estimate of annual costs for the operation and maintenance of the district affairs and the equipment and personnel thereof; boundaries and the approximate valuation for assessment therein; and proposed rules, regulations, and schedules for the district. Upon completion of said plan, the board of health shall certify such plan to the board of county commissioners. (3) Before the adoption of any resolution of the board of county commissioners creating a disposal district, a public hearing shall be held by the board to ascertain the sentiment of residents within the proposed area toward the establishment of such district. For the purposes of such hearing, the board of county commissioners shall give notice thereof, which notice shall set forth the time, date, place, and purpose of such hearing, shall set forth a description of the proposed boundaries, and shall be published once weekly for three consecutive weeks in a newspaper published and of general circulation in the county. The date for such hearing shall not be sooner than five days nor later than thirty days following the date of the last publication of said notice. (4) After the hearing, the board of county commissioners may, at any regularly scheduled meeting, change, amend, reject, or adopt the certified plan, and by resolution create a disposal district. (5) Any provisions in this part 2 to the contrary notwithstanding, no tract or parcel of real estate used for manufacturing, mining, railroad, or industrial purposes, which, together with the buildings, improvements, machinery, and equipment thereon situate, shall have a valuation for assessment in excess of twenty-five thousand dollars at the date of the adoption by the board of county commissioners of a resolution creating a disposal district, shall be included in any district organized under this part 2 without the written consent of the owner thereof. No personal property shall be included within any district which is situate upon real estate not included in such district. If, contrary to the provisions of this subsection (5), any such tract, parcel, or personal property is included in any district, the owner thereof, on petition to the board of county commissioners which adopted the resolution creating the district, shall be entitled to have such property excluded from the district free and clear of any contract, obligations, lien, or charge to which it may or might have been liable as a part of the district. Source: L. 53: p. 475, § 2. CRS 53: § 89-11-2. C.R.S. 1963: § 89-11-2. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2119, § 166, effective August 11. 30-20-203. Powers. (1) The board of county commissioners, following the creation of such district and acting on behalf thereof: (a) Shall in each year determine the amount of money necessary to be raised by taxation after taking into consideration all sources of revenue of the district, and shall fix, in addition to such other taxes as may be levied by such board of county commissioners, a rate of levy, not to exceed one-half mill, to be levied upon every dollar of valuation for assessment of the property within the district, which levy, together with other revenues of the district, will raise the amount Colorado Revised Statutes 2019 Page 227 of 433 Uncertified Printout required by the district annually to supply funds for paying the expenses, acquisition of equipment, costs of operation, maintenance, and employment of personnel therefor; (b) May establish and fill a position of county sanitation engineer to supervise and manage the manner of collection and disposing of trash, waste, and garbage of the district, and fix the compensation attached to such position to be paid from the funds of the district, or may authorize an administrative official of the county to assume the functions of such position in addition to his customary duties, and provide for the additional compensation that may be allowed for such official to be paid from the funds of the district; (c) May provide with the funds of the district for the employment of personnel to operate and manage the facilities for the collection and disposal of trash, waste, and garbage within the district; (d) May enter into and execute contracts on behalf of the district with any firm, corporation, or individual to provide for the collection or disposal, or both, of trash, wastes, and garbage within the district, the revenues from which, if any, shall be solely for the uses and benefits of the district; (e) May enter into and execute contracts on behalf of the district with any incorporated village, town, city, or other district for the joint operation of any dump, sanitary fill, or other satisfactory means of garbage and trash disposal, the revenue from which, if any, shall be solely for the uses and benefits of the district; (f) May by lease, contract, or otherwise provide areas or dumps within or without the boundaries of the district for the disposal of waste, trash, and garbage collected by the district, the costs for which shall be borne by the district; (g) May acquire by purchase or lease or otherwise provide for equipment for the collection and disposal of garbage, waste, and trash, the costs of which shall be borne by the district; (h) May promulgate and adopt on behalf of the district such schedules, rules, or regulations as may be necessary for the orderly collection of trash, wastes, or garbage from the district, and for the maintenance and operation of dumps, sanitary fills, or other satisfactory disposal methods and collection areas, which, when so adopted, may be administered and enforced by the county or district public health agency, as the case may be, as provided in other cases by sections 25-1-506 and 25-1-514, C.R.S.; (i) May enlarge the area of the district by inclusion of other unincorporated areas, after giving notice of and holding a public hearing thereof, as provided for the creation of the district under section 30-20-202. The area to be included may or may not be adjacent to the district. (j) May exclude any area from the district or dissolve any district created under this part 2, after giving notice of and holding a public hearing thereon, as provided for the creation of the district under section 30-20-202. Source: L. 53: p. 476, § 3. CRS 53: § 89-11-3. C.R.S. 1963: § 89-11-3. L. 2008: (1)(h) amended, p. 2054, § 12, effective July 1. 30-20-204. Budget. The operations of the disposal district shall be conducted pursuant to the provisions of the local government budget law of Colorado. Source: L. 53: p. 478, § 4. CRS 53: § 89-11-4. C.R.S. 1963: § 89-11-4. Colorado Revised Statutes 2019 Page 228 of 433 Uncertified Printout Cross references: For the local government budget law, see § 29-1-101 et seq. 30-20-205. Character of this part 2. Nothing in this part 2 shall repeal or affect any other law. It is intended that this part 2 shall provide a separate method of accomplishing its objects, and not an exclusive one. Source: L. 53: p. 478, § 5. CRS 53: § 89-11-5. C.R.S. 1963: § 89-11-5. PART 3 PUBLIC PROJECTS 30-20-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Governmental agency" means any county or municipality in the state only. (2) "Public project" means any lands, buildings, structures, works, machinery, equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public education (where county boundaries and school district boundaries are coterminous), public welfare, or the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities, and shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities. (3) "Public purposes" includes, but is not limited to, the supplying of public water services and facilities, public sewer services and facilities, and lands, buildings, improvements, equipment, and facilities for public education (where county boundaries and school district boundaries are coterminous). (4) Repealed. Source: L. 55: p. 259, § 1. CRS 53: § 36-20-1. L. 57: p. 315, § 1. C.R.S. 1963: § 36-191. L. 71: p. 339, § 1. L. 77: (2) and (3) amended and (4) added, p. 1448, § 1, effective June 1. L. 78: (2) and (3) amended and (4) repealed, pp. 272, 273, §§ 93, 94, effective May 23. L. 91: (1) amended, p. 744, § 6, effective April 4. Cross references: For definitions applicable to this part 3, see § 30-26-301 (2)(d). 30-20-302. Public improvements within and without boundaries. Any governmental agency may acquire, construct, maintain, add to, and improve any public project, which public project may be located within or without or partly within and partly without the territorial limits of such governmental agency. Source: L. 55: p. 259, § 2. CRS 53: § 36-20-2. C.R.S. 1963: § 36-19-2. L. 91: Entire section amended, p. 744, § 7, effective April 4. Colorado Revised Statutes 2019 Page 229 of 433 Uncertified Printout 30-20-303. Anticipation warrants. For the purpose of defraying the cost of construction, erection, reconstruction, or improvement of existing facilities, the legislative body of any governmental agency may, pursuant to a resolution or ordinance, issue anticipation warrants, which order, resolution, or ordinance shall set forth the proposed public project, the amount of warrants to be issued, and the maximum rate of interest. In every instance, the order, resolution, or ordinance shall provide that the project is being undertaken under the provisions of this part 3. Source: L. 55: p. 259, § 3. CRS 53: § 36-20-3. C.R.S. 1963: § 36-19-3. L. 91: Entire section amended, p. 744, § 8, effective April 4. 30-20-304. Power to lease. Any governmental agency is authorized to rent or lease such public project or any portion thereof to any persons, partnerships, associations, or corporations, either public or private. Source: L. 55: p. 260, § 4. CRS 53: § 36-20-4. C.R.S. 1963: § 36-19-4. 30-20-305. Terms and interest. All anticipation warrants issued under the provisions of this part 3 shall bear interest at a rate not exceeding a net effective interest rate to be established by the official legislative body of the governmental agency prior to the sale or issuance of such warrants. All warrants shall be executed in such a manner and be payable serially in annual installments beginning not later than two years and extending not more than twenty years from the date thereof and at such place as the governmental agency determines. Source: L. 55: p. 260, § 5. CRS 53: § 36-20-5. L. 57: p. 315, § 1. C.R.S. 1963: § 36-195. L. 69: p. 233, § 1. L. 70: p. 147, § 1. L. 91: Entire section amended, p. 744, § 9, effective April 4. 30-20-306. Revenue and sinking fund - pledge of general income prohibited. The official legislative body of any governmental agency is authorized to set aside a special sinking fund in the office of the treasurer of the governmental agency for the payment of anticipation warrants authorized by and issued under the provisions of this part 3 and for the payment of interest due on such warrants; except that the general income of the governmental agency shall not be pledged for the payment of the principal of the warrants and interest thereon. The treasurer of the governmental agency shall deposit in said sinking fund all rents, royalties, fees, rates, and charges derived from or rendered by the project. Source: L. 55: p. 260, § 6. CRS 53: § 36-20-6. L. 57: p. 316, § 1. C.R.S. 1963: § 36-196. L. 91: Entire section amended, p. 744, § 10, effective April 4. 30-20-307. Donations or gifts. Any governmental agency is authorized to accept donations or gifts to the public project from any source, to be used in the best interests of such project. Source: L. 55: p. 260, § 7. CRS 53: § 36-20-7. C.R.S. 1963: § 36-19-7. Colorado Revised Statutes 2019 Page 230 of 433 Uncertified Printout 30-20-308. Authentication before delivery. In case any of the officers whose signatures or countersignatures appear on the said anticipation warrants or coupons attached thereto cease to be such officers before delivery of such warrants, such signatures and countersignatures shall nevertheless be valid and sufficient for all purposes, with the same force and effect as if they had remained in office until such delivery. Source: L. 55: p. 260, § 8. CRS 53: § 36-20-8. C.R.S. 1963: § 36-19-8. 30-20-309. Obligations payable from project revenue only. Nothing in this part 3 shall be construed to authorize or permit any governmental agency to incur any obligation of any kind or nature, except such as shall be payable solely from moneys accruing to the special sinking fund created pursuant to section 30-20-306, and it shall be plainly stated on the face of each warrant that has been issued under the provisions of this part 3 that it does not constitute an indebtedness of the governmental agency within the meaning of any constitutional provision or limitation. Source: L. 55: p. 260, § 9. CRS 53: § 36-20-9. C.R.S. 1963: § 36-19-9. L. 91: Entire section amended, p. 744, § 11, effective April 4. 30-20-310. Numbering and retirement. The anticipation warrants issued under this part 3 shall be serially numbered and shall be paid off and retired in the order in which they were issued. Source: L. 55: p. 261, § 10. CRS 53: § 36-20-10. C.R.S. 1963: § 36-19-10. PART 4 SEWER AND WATER SYSTEMS 30-20-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Board" means the board of county commissioners. (2) "Consumer" means any public or private user of water facilities or sewerage facilities, or both. (3) "Joint system" or "joint water and sewer system" means water facilities and sewerage facilities combined, operated, and maintained as a single public utility and income-producing project. (4) "Sewerage facilities" means any one or more of the various devices used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature, or storm, flood, or surface drainage waters, including all inlets, collection, drainage, or disposal lines, intercepting sewers, joint storm and sanitary sewers, sewage disposal plants, and outfall sewers; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions, and alterations thereof; and any and all rights or interest in such sewerage facilities. (5) "System" means sewerage facilities or water facilities or water and sewerage facilities combined. Colorado Revised Statutes 2019 Page 231 of 433 Uncertified Printout (6) "Water facilities" means any one or more devices used in the collection, treatment, or distribution of water for domestic and other legal uses, including systems of raw and clear water and distribution storage reservoirs, deep and shallow wells, pumping, ventilating, and gaging stations, inlets, tunnels, flumes, conduits, canals, collection, transmission, and distribution lines, infiltration galleries, hydrants, meters, and filtration and treatment plants and works; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such water facilities. Source: L. 71: p. 354, § 1. C.R.S. 1963: § 36-29-1. Cross references: For definitions applicable to this part 4, see § 30-26-301 (2)(d). 30-20-402. Powers. (1) In addition to the powers which it may now have, any county without an election of the qualified electors thereof has power under this part 4: (a) To acquire by gift, purchase, lease, or exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend water facilities or sewerage facilities, or both, wholly within or wholly without the county, or partially within and partially without the county, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith; (b) To operate and maintain water facilities or sewerage facilities, or both, for its own use and for the use of public and private consumers and users within and without the territorial boundaries of the county, but no water service or sewerage service, or combination of them, shall be furnished in any other county or in any municipality unless the approval of such other county or municipality is obtained as to the territory in which the service is to be rendered; (c) To accept loans or grants, or both, from the United States under any federal law to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of water facilities or sewerage facilities, or both; (d) To accept loans or grants, or both, from the United States under any federal law for the construction of necessary water facilities or sewerage facilities, or both; (e) To enter into joint operating agreements, contracts, or arrangements with consumers concerning water facilities or sewerage facilities, or both, whether acquired or constructed by the county or consumer, and to accept grants and contributions from consumers for the construction of water facilities or sewerage facilities, or both. When determined by its board to be in the public interest and necessary for the protection of the public health, any county is authorized to enter into and perform contracts, whether long-term or short-term, but in no event exceeding fifty years, with any consumer for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of wastes by a consumer and the payment periodically by the consumer to the county of amounts at least sufficient, in the determination of such board, to compensate the county for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such consumer. (f) To prescribe, revise, and collect in advance or otherwise from any consumer or any owner or occupant of any real property connected therewith or receiving service therefrom rates, Colorado Revised Statutes 2019 Page 232 of 433 Uncertified Printout fees, tolls, and charges, or any combination thereof, for the services furnished by, or the direct or indirect connection with, or the use of, or any commodity from, such water facilities or sewerage facilities, or both, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, including but not necessarily limited to interest on delinquencies from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorney fees, and other costs of collection, without any modification, supervision, or regulation of any such rates, fees, tolls, or charges by any board, agency, bureau, commission, or official other than the board of county commissioners collecting them; and, in anticipation of the collection of the revenues of such water facilities or sewerage facilities, or joint system, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of the water facilities or sewerage facilities, or both; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds; (g) To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of the water facilities or sewerage facilities, or both, including the revenues of improvements, betterments, or extensions thereto, thereafter constructed or acquired, as well as the revenues of existing water facilities or sewerage facilities, or both; (h) To enter into and perform contracts and agreements with other counties or with municipalities for or concerning the planning, construction, lease, or other acquisition and the financing of water facilities or sewerage facilities, or both, and the maintenance and operation thereof. Any such counties or municipalities so contracting with each other may also provide in any contract or agreement for a board, commission, or such other body as their boards or governing bodies may deem proper for the supervision and general management of the water facilities or sewerage facilities, or both, and for the operation thereof, and may prescribe its powers and duties and fix the compensation of the members thereof. (i) To make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this section, or in the performance of its covenants or duties, or in order to secure the payment of its bonds; except that no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the county is created thereby, and except that no property, other than money, of the county is liable to be forfeited or taken in payment of said bonds, and except that no debt on the credit of the county is thereby incurred in any manner for any purpose; and (j) To issue water, or sewer, or joint water and sewer refunding revenue bonds to refund, pay, or discharge all or any part of its outstanding water, or sewer, or joint water and sewer revenue bonds issued under this part 4 or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs or effecting other economies or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any county water facilities or sewerage facilities, or both, as provided in section 30-20-410. Source: L. 71: p. 355, § 1. C.R.S. 1963: § 36-29-2. 30-20-403. Authorization of facilities and bonds. (1) The acquisition, construction, reconstruction, lease, improvement, betterment, or extension of any water facilities or sewerage Colorado Revised Statutes 2019 Page 233 of 433 Uncertified Printout facilities, or both, and the issuance in anticipation of the collection of revenues of such facilities of bonds to provide funds to pay the cost thereof may be authorized under this part 4 by action of the board of county commissioners taken at a regular or special meeting by a vote of a majority of the members of the board. (2) The board, in determining such cost, may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; interest which it is estimated will accrue during the construction or other acquisition period and for a period of not exceeding one year thereafter on money borrowed or which it is estimated will be borrowed pursuant to this part 4; any discount on the sale of the bonds; costs of financial, professional, and other estimates and advice; contingencies; any administrative, operating, and other expenses of the county prior to and during such acquisition period and for a period of not exceeding one year thereafter, as may be determined by the board; and all other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of any water or sewerage facilities, joint water and sewer system, or part thereof, and the placing of the same in operation; and also such provision or reserves for working capital, operation, maintenance, or replacement expenses or for payment or security of principal of or interest on any bonds during or after such an acquisition or improvement and equipment as the board may determine; and also reimbursements to the federal government, or any agency, instrumentality, or corporation thereof, of any moneys theretofore expended for or in connection with any such water or sewerage facilities, or both. Source: L. 71: p. 357, § 1. C.R.S. 1963: § 36-29-3. 30-20-404. Bond provisions. (1) Revenue bonds issued under this part 4 shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable semiannually or annually, and evidenced by one or two sets of coupons, if any, executed with the facsimile or manually executed signature of any official of the county; except that the first coupon appertaining to any bond may evidence interest not in excess of one year. The resolution authorizing the issuance of such bonds shall specify the maximum net effective interest rate. Such bonds may be issued in one or more series, may bear such date, may mature at such time not exceeding the estimated life of the water facilities or sewerage facilities, or both, to be acquired with the bonds proceeds, as determined by the board, but in no event beyond forty years from their respective dates, may be in such denomination, may be payable in such medium of payment, at such place within or without the state, including but not limited to the office of the county treasurer, may carry such registration privileges, may be subject to such terms of prior redemption in advance of maturity in such order or by lot or otherwise at such time with or without a premium, may be executed in such manner, may bear such privileges for reissuance in the same or other denomination, may be so reissued, without modification of maturities and interest rates, and may be in such form, either coupon or registered, as may be provided by the board. (2) The board may provide for preferential security for any bonds, both principal and interest, to be issued under this part 4 to the extent deemed feasible and desirable by such board over any bonds that may be issued thereafter. Colorado Revised Statutes 2019 Page 234 of 433 Uncertified Printout (3) Said bonds may be sold at, above, or below the principal amounts thereof, but they may not be sold at a price such that the net effective interest rate of the issue of bonds exceeds the maximum net effective interest rate authorized. (4) Bonds may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both; and, where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, either coupon or registered, with such recitals, terms, covenants, and conditions, and with such other details as may be provided by the board, except as otherwise provided in this part 4. (5) Subject to the payment provisions in this part 4 specifically provided, said bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of article 8 of title 4, C.R.S., except as the board may otherwise provide; and each holder of each such security, by accepting such security, shall be conclusively deemed to have agreed that such security, except as otherwise provided, is and shall be fully negotiable within the meaning and for all purposes of article 8 of title 4, C.R.S. (6) Notwithstanding any other provision of law, the board in any proceedings authorizing bonds under this part 4: (a) May provide for the initial issuance of one or more bonds, in this subsection (6) called "bond", aggregating the amount of the entire issue; (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable; (c) May provide for the making of any such bond, payable to bearer or otherwise, registrable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing or payments of interest on such bonds; and (d) May further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both. (7) If lost or completely destroyed, any security in this part 4 authorized may be reissued in the form and tenor of the lost or destroyed security upon the owner furnishing, to the satisfaction of the board: Proof of ownership; proof of loss or destruction; a surety bond in twice the face amount of the security, including any unmatured coupons appertaining thereto; and payment of the cost of preparing and issuing the new security. (8) Any officer authorized to execute any bond, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond authorized in this part 4 if such a filing is not a condition of execution with a facsimile signature of any interest coupon and if at least one signature required or permitted to be placed on each such bond, excluding any interest coupon, shall be manually subscribed. An officer's facsimile signature has the same legal effect as his manual signature. (9) The county clerk and recorder may cause the seal of the county to be printed, engraved, stamped, or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal. Colorado Revised Statutes 2019 Page 235 of 433 Uncertified Printout (10) The resolution authorizing any bonds or other instrument appertaining thereto may contain any agreement or provision customarily contained in instruments securing revenue bonds, including, without limiting the generality of the foregoing, covenants designated in section 30-20-407. Source: L. 71: p. 357, § 1. C.R.S. 1963: § 36-29-4. L. 75: (5) amended, p. 219, § 61, effective July 16. 30-20-405. Signatures on bonds. (1) The bonds and any coupons bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the county issuing the same. (2) Any officer authorized or permitted to sign any bond or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons. Source: L. 71: p. 359, § 1. C.R.S. 1963: § 36-29-5. 30-20-406. Tax exemption. The bonds and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes. Source: L. 71: p. 359, § 1. C.R.S. 1963: § 36-29-6. 30-20-407. Covenants in bond resolution. (1) Any resolution under this part 4 authorizing the issuance of bonds, or trust indentures, or other instruments appertaining thereto to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of water facilities or sewerage facilities, or both, may contain covenants as to: (a) The rates, fees, tolls, or charges, or combination thereof, to be charged for the services, facilities, and commodities of said water facilities or sewerage facilities, or both, and the use and disposition thereof, including but not limited to the foreclosure of liens for, and collection of, delinquencies, the discontinuance of services, facilities, or commodities, or use of any water system or any sewer system, or joint system, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the county, derived or to be derived from any water facilities or sewerage facilities, or both; (b) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof to secure the payment of the principal of and interest on any bonds or of operation and maintenance expenses of any water system, sewer system, joint system, or part thereof; the determination or definition of revenues from any water system, sewer system, or joint system and of the expenses of operation and maintenance of such system; and the source, Colorado Revised Statutes 2019 Page 236 of 433 Uncertified Printout custody, security, use, and disposition of any such reserves or sinking funds, including but not limited to the powers and duties of any trustee with regard thereto; (c) A fair and reasonable payment by the county to the account of said water facilities or sewerage facilities, or both, for the services, commodities, or facilities furnished said county by said water facilities or sewerage facilities, or both; (d) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such water facilities or sewerage facilities, or both; the payment of the principal of and interest on any bonds and the sources and methods thereof; the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst and limitations thereon; and the purpose to which the proceeds of the sale of bonds may be applied and the custody, security, use, expenditure, application, and disposition thereof; (e) Books of account, the inspection and audit thereof, and other records appertaining to a water system, sewer system, or joint system; the insurance to be carried by the county and use and disposition of insurance moneys; the acquisition of completion or surety bonds appertaining to any project, funds or personnel, and the use and disposition of any proceeds of such bonds; the assumption or payment or discharge of any indebtedness, other obligation, lien, or other claim relating to any part of a water system, sewer system, or joint system or any securities having or which may have a lien on any part of any revenues of such system; and limitations on the powers of the county to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities, or properties which may compete or tend to compete with the water system, sewer system, or joint system; (f) The rights, liabilities, powers, and duties arising upon the breach by the county of any covenants, conditions, or obligations; defining events of default; the payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the resolution authorizing the bonds or any trust indenture or other instrument appertaining thereto or of any covenant or contract with the holders of the bonds; the procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of bonds, the bond resolution, any trust indenture, or other instrument may be amended or abrogated; the amount of bonds to which the holders, or any trustee, must consent and the manner in which such consent may be given or evidenced; and the terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and the terms and conditions upon which such declaration and its consequences may be waived; (g) The terms and conditions upon which the holders of the bonds or any portion or percentage of them may enforce any covenants or provisions made under this part 4 or duties imposed thereby; and (h) All such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the discretion of the board of county commissioners, tend to make the bonds more marketable, notwithstanding that such covenant, act, or thing may not be enumerated in this part 4, it being the intention of this part 4 to give a county power to do all things in the issuance of bonds and for their security consistent with continued public ownership of the sewerage facilities or water facilities. Colorado Revised Statutes 2019 Page 237 of 433 Uncertified Printout Source: L. 71: p. 359, § 1. C.R.S. 1963: § 36-29-7. 30-20-408. No county liability on bonds. Revenue bonds issued under this part 4 shall not constitute an indebtedness of the county within the meaning of any constitutional or statutory limitations. Each bond issued under this part 4 shall recite in substance that said bond, including interest thereon, is payable solely from the revenues pledged to the payment thereof and that said bond does not constitute a debt of the county within the meaning of any constitutional or statutory limitations. Source: L. 71: p. 361, § 1. C.R.S. 1963: § 36-29-8. 30-20-409. Remedies of bondholders. (1) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated: (a) By mandamus or other suit, action, or proceeding at law or in equity to enforce his rights against the county and its board and any of its officers, agents, and employees and to require and compel such county or such board or any such officers, agents, or employees to perform and carry out their duties and obligations under this part 4 and their covenants and agreements with the bondholders; (b) By action or suit in equity to require the county and the board thereof to account as if they were the trustee of an express trust; (c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and (d) To bring suit upon the bonds. (2) No right or remedy conferred by this part 4 upon any holder of bonds or any trustee therefor is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this part 4 or by any other law. Source: L. 71: p. 361, § 1. C.R.S. 1963: § 36-29-9. 30-20-410. Refunding bonds. (1) Any bonds issued for any refunding purpose authorized in section 30-20-402 (1)(j) may either be delivered in exchange for the outstanding bonds authorized to be refunded or may be sold as provided in this part 4. (2) No bonds may be refunded under this part 4 unless they either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds or unless the holders thereof voluntarily surrender them for exchange or payment. No maturity of any bond refunded may be extended over fifteen years. The rate of interest on such refunding bonds shall be determined by the board. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, excluding from the computation of such limitation the amount of the principal of any refunding bonds issued to pay any interest in arrears or about to become due on the bonds refunded. Colorado Revised Statutes 2019 Page 238 of 433 Uncertified Printout (3) The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow to be applied to the payment of the bonds upon their presentation therefor. Any escrowed proceeds, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. Such escrowed proceeds and investments, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient to pay the bonds refunded as they become due at their respective maturities or due at prior redemption dates as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom. (4) Refunding revenue bonds may be made payable from any revenues derived from the operation of any water facilities or sewerage facilities or of both water facilities and sewerage facilities comprising a joint water and sewer system, notwithstanding the pledge of any such revenues for the payment of the outstanding bonds issued by the county which are to be refunded is thereby modified. (5) Bonds for refunding and bonds for any other purpose authorized in this part 4 may be issued separately or issued in combination in one series or more. (6) Except as expressly provided or necessarily implied in this section and in section 3020-402 (1)(j), the relevant provisions in this part 4 pertaining to revenue bonds not issued for refunding purposes shall be equally applicable in the authorization and issuance of refunding revenue bonds, including their terms and security, the bond resolution, rates, fees, tolls, service charges, and other aspects of the bonds. (7) The determination of the board, that the limitations under this part 4 imposed upon the issuance of refunding bonds have been met, shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion. Source: L. 71: p. 362, § 1. C.R.S. 1963: § 36-29-10. L. 89: (3) amended, p. 1114, § 23, effective July 1. 30-20-411. Incontestable recital in bonds. Any resolution authorizing, or any trust indenture or other instrument appertaining to, any bonds under this part 4 may provide that each bond therein authorized shall recite that it is issued under authority of this part 4. Such recital shall conclusively impart full compliance with all of the provisions of this part 4, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. Source: L. 71: p. 363, § 1. C.R.S. 1963: § 36-29-11. 30-20-412. Application of bond proceeds. (1) All moneys received from the issuance of any bonds authorized in this part 4 shall be used solely for the purpose for which issued and the cost of any project thereby delineated. (2) Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be deposited in a reserve therefor, as the board may determine. (3) Any unexpended balance of such bond proceeds remaining after the completion of the acquisition or improvement and equipment of the project or the completion of the purpose Colorado Revised Statutes 2019 Page 239 of 433 Uncertified Printout for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of said bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing or otherwise appertaining to their issuance, or into a reserve therefor. (4) The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement and equipment of the project or the proper completion of any project for which the bonds are issued. (5) The purchaser of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents, and employees. Source: L. 71: p. 363, § 1. C.R.S. 1963: § 36-29-12. 30-20-413. Continuing rights of bondholders. The failure of any holder of any bond or coupon issued under this part 4 to proceed, as provided in section 30-20-409, or in any proceedings appertaining to the issuance of such bond or coupon, shall not relieve the county, its board, or any of its officers, agents, and employees of any liability for failure to perform or carry out any duty, obligation, or other commitment. Source: L. 71: p. 363, § 1. C.R.S. 1963: § 36-29-13. 30-20-414. Validation. All revenue bonds or other obligations payable solely from revenues of a water or sewer system, and any coupons appertaining thereto, appertaining to a water system, sewer system, or joint water and sewer system issued or purportedly issued prior to June 2, 1971, and all acts and proceedings had or taken or purportedly had or taken before that date, by or on behalf of any county under law or under color of law, preliminary to and in the authorization, execution, sale, and issuance of all water revenue bonds, sewer revenue bonds, and joint water and sewer revenue bonds, including any coupons appertaining thereto, the authorization and execution of all other contracts, and the exercise of other powers in this part 4, are validated, ratified, approved, and confirmed, except as provided in section 30-20-415, notwithstanding any lack of power, authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such securities, acts, and proceedings in such authorization, execution, sale, and issuance and in such exercise of powers; and such securities and other contracts are and shall be binding, legal, valid, and enforceable obligations of such county to which they appertain in accordance with their terms and their authorization proceedings. Source: L. 71: p. 363, § 1. C.R.S. 1963: § 36-29-14. 30-20-415. Effect of and limitations upon validation. This part 4 shall operate to supply such legislative authority as may be necessary to validate any such securities issued prior to June 2, 1971, and other contracts of such counties executed before said date and any acts and proceedings taken before said date appertaining to the issuance of such securities or execution of other contracts by such counties or otherwise which the general assembly could have supplied or provided for in the law under which such securities were issued or such other contracts were executed and such acts or proceedings were taken; but this part 4 shall be limited to the Colorado Revised Statutes 2019 Page 240 of 433 Uncertified Printout validation of such securities, other contracts, acts, and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. This part 4 shall not operate to validate, ratify, approve, confirm, or legalize any bond or coupon, other contract, act, proceedings, or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and it shall not operate to confirm, validate, or legalize any bond or coupon, other contract, act, proceedings, or other matter which was determined in any legal proceeding prior to June 2, 1971, to be illegal, void, or ineffective. Source: L. 71: p. 364, § 1. C.R.S. 1963: § 36-29-15. 30-20-416. Compulsory sewer connections - owner to be notified. (1) In addition to the powers already had by counties, they have the following powers as enumerated below: (a) Whenever the board of county commissioners of a county having a public sewerage system determines that the county sewer line is within four hundred feet of the boundary line of any premises located within the county and the board deems it necessary for the protection of public health that the owners of one or more of such premises shall connect their premises with the public sewer, thirty days' notice in writing shall be given to said owners, by registered mail, notifying them to connect their premises with the sewer, the date of the notice to begin as of the date of registering the same for mailing. (b) If the work of making the connection is not begun within thirty days, the board shall notify the county engineer to prepare plans and specifications for making the connection with the public sewer, including water and service pipe for flushing purposes, if the owner has given notice and proof to said board of his financial inability to make the connection himself and if it is only for the necessary connection of a water closet or of a privy in an outhouse or both. Source: L. 71: p. 364, § 1. C.R.S. 1963: § 36-29-16. 30-20-417. Resolution adopted. The plans or specifications shall be filed in the county clerk and recorder's or engineer's office, and a resolution shall be adopted by the board ordering or prescribing in general terms the contemplated sewerage connections, giving location of the premises and the name of the owner and authorizing the county clerk and recorder to advertise for bids. The advertisement for bids shall be the same as is now provided for in other cases wherein counties receive bids. The board of county commissioners shall let the contract to the lowest responsible bidder who shall furnish satisfactory security, but it shall have the right to reject all bids. Source: L. 71: p. 364, § 1. C.R.S. 1963: § 36-29-17. 30-20-418. Cost of connection. The entire costs of all sewerage and water connections, closets, equipment pipe, sewer pipe, labor, and necessary engineering, legal, and publication expenses shall be ascertained by the board of county commissioners, including an amount of six percent additional for costs of inspection, collections, and other incidentals. The cost to each owner shall be determined according to the material used and work done under the contract in connecting such property to the public sewer and water main. The engineering, legal, and publication expenses shall be charged in proportion as each connection bears to the whole. The Colorado Revised Statutes 2019 Page 241 of 433 Uncertified Printout cost to each owner shall be billed to him and if unpaid shall be collected in the same manner as other rates, fees, tolls, and charges of the system. Source: L. 71: p. 365, § 1. C.R.S. 1963: § 36-29-18. 30-20-419. Appropriation from system. The board of county commissioners may make adequate appropriations from the revenues of the system to defray such costs until such time as the charges are received, and, when received, the system shall be reimbursed to the amount of any such appropriation. Source: L. 71: p. 365, § 1. C.R.S. 1963: § 36-29-19. 30-20-420. Failure to pay rates and charges - lien. In the event any user of the system neglects, fails, or refuses to pay the rates, fees, tolls, and charges fixed by the board of county commissioners for the connection with and use of the system, said user shall not be disconnected from said system or refused the use of said system unless the user is outside the boundaries of the county, but the rates, fees, tolls, and charges due therefor may be certified by the county clerk and recorder to the board of county commissioners of the county in which said delinquent user's property is located and shall become a lien upon the real property so served by said system and collected in the manner as though they were part of the taxes. Source: L. 71: p. 365, § 1. C.R.S. 1963: § 36-29-20. 30-20-421. Prior rates and charges declared valid. Any such rates and charges for the connections with, and use of, the system of any county declared or established prior to June 2, 1971, by resolution of the board of county commissioners are, and the same are declared to be, valid and ratified. Source: L. 71: p. 365, § 1. C.R.S. 1963: § 36-29-21. 30-20-422. Construction of this part 4. The powers conferred by this part 4 shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this part 4 shall not affect, the powers conferred by any other law. Bonds may be issued under this part 4 without regard to the provisions of any other law. The water facilities or sewerage facilities, or both, may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and bonds may be issued under this part 4 for said purposes, notwithstanding that any law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension for like purposes, and without regard to the requirements, restrictions, debt, or other limitations or other provisions contained in any other law, including, but not limited to, any requirement for any restriction or limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this part 4 are inconsistent with the provisions of any other law, the provisions of this part 4 shall be controlling. Source: L. 71: p. 365, § 1. C.R.S. 1963: § 36-29-22. Colorado Revised Statutes 2019 Page 242 of 433 Uncertified Printout PART 5 COUNTY PUBLIC IMPROVEMENT DISTRICT ACT Law reviews: For article, "Improvement Districts for Colorado Counties, Cities, and Towns", see 30 Colo. Law. 53 (Jan. 2001). 30-20-501. Short title. This part 5 shall be known and may be cited as the "County Public Improvement District Act of 1968". Source: L. 68: p. 162, § 2. C.R.S. 1963: § 36-25-2. 30-20-502. Legislative declaration. It is hereby declared that the organization of public improvement districts, having the purposes and powers provided in this part 5, shall serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants of said districts. Source: L. 68: p. 162, § 1. C.R.S. 1963: § 36-25-1. 30-20-503. Definitions. As used in this part 5, unless the context otherwise requires: (1) (a) (I) (A) An "elector" of a district is a person who, at the designated time or event, is registered to vote in accordance with the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S.; and (B) Who is a resident of the district or the area to be included in the district; or (C) Who or whose spouse or civil union partner owns taxable real or personal property within the district or the area to be included in the district whether or not said person resides within the district. (II) Where the owner of taxable real or personal property specified in sub-subparagraph (C) of subparagraph (I) of this paragraph (a) is not a natural person, an "elector" of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one such person may be designated by an owner. (b) A "taxpaying elector" of a district is an elector of a district who or whose spouse or civil union partner owns taxable real or personal property within the district or the area to be included within the district, whether or not said person resides within the district. Where the owner of taxable real or personal property specified in this paragraph (b) is not a natural person, a "taxpaying elector" of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one person may be designated by an owner. (c) A person who is obligated to pay general taxes under a contract to purchase real property within the district shall be considered an owner within the meaning of this subsection (1). The ownership of property on which a specific ownership tax is paid pursuant to law shall not qualify a person as an elector nor as a taxpaying elector. Taxable property means real or personal property subject to general ad valorem taxes. Colorado Revised Statutes 2019 Page 243 of 433 Uncertified Printout (d) Registration pursuant to the general election laws or any other laws shall not be required. (2) "Governing body" means a board of county commissioners in a county. (3) "Improvement district", referred to in this part 5 as a "district", means a taxing unit that may be created by any county in this state for the purpose of constructing, installing, acquiring, operating, or maintaining any public improvement or for the purpose of providing any service so long as the county that forms the district is authorized to perform such service or provide such improvement under the county's home rule charter, if any, or the laws of this state, and except as otherwise provided in this subsection (3). "Public improvement" or "service" shall not include any facility identified in section 30-20-101 (8) or (9), nor shall the terms include services identified in section 30-15-401 (4) to (7.7) unless the district provides such services consistent with part 4 of article 15 of this title. No such district shall provide the same improvement or service as an existing special district within the territory of such existing special district unless the existing special district consents. A district may consist of noncontiguous tracts or parcels and may be organized wholly or partially within an existing special district if it is not providing the same service as the special district. For purposes of this part 5, a district may be created by or within a county for the purpose of constructing, installing, acquiring, operating, maintaining or providing fire protection regardless of whether or not the county is authorized to provide fire protection improvements or services. For purposes of this subsection (3), "fire protection" shall have the same meaning as "firehouses, equipment, and firefighters" as described in section 30-35-201 (22). (4) "Publication", if no manner of publication is specified, means publication once a week for three consecutive weeks in a newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the three consecutive weeks, but not less than fourteen days, excluding the day of first publication, shall intervene between the day of the first publication and the day of the last publication, and publication shall be complete on the day of the last publication. Source: L. 68: p. 162, § 3. C.R.S. 1963: § 36-25-3. L. 69: p. 234, § 1. L. 70: p. 141, § 10. L. 71: p. 336, § 2. L. 81: Entire section amended, p. 1454, § 1, effective May 27. L. 85: (5) amended, p. 1069, § 1, effective April 24. L. 90: (3) amended, p. 1458, § 1, effective March 22. L. 96: (1)(a) amended, p. 1767, § 60, effective July 1. L. 99: (3) amended, p. 506, § 1, effective April 30. L. 2002: (1)(a) and (1)(b) amended, p. 267, §§ 1, 2, effective August 7. L. 2005: (3) amended, p. 265, § 1, effective August 8. L. 2014: (1)(a)(I) and (1)(b) amended, (HB 14-1164), ch. 2, p. 57, § 8, effective February 18. Cross references: (1) For definitions applicable to this part 5, see § 30-26-301 (2)(d). (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 30-20-504. Authority of governing body. (1) Within the unincorporated territory of any county, the governing body of such county is hereby vested with jurisdiction, power, and authority to establish districts for the acquisition, construction, installation, operation, or maintenance of improvements or the provision of services authorized by this part 5. The governing body of a county may establish a district wholly or partially within the boundaries of Colorado Revised Statutes 2019 Page 244 of 433 Uncertified Printout any municipality or partially within the unincorporated territory of another county if such municipality or county consents by resolution to the establishment of such district. (2) If a municipality annexes or incorporates any territory within an established district, such territory shall remain in the district unless the municipality notifies the district's board of the municipality's intent to exclude the territory annexed or incorporated from the district. If the municipality notifies the board of its intent to exclude such territory, such exclusion shall take effect January 1 of the year following such notice. Any property excluded from the district under this subsection (2) shall remain subject to payment of its share of any indebtedness or bonds that are outstanding on the date of such exclusion. (3) At such time as all of the territory included within an existing district that has no outstanding indebtedness or bonds is annexed or incorporated into a municipality, the governing body of the municipality shall exercise all duties of the governing body of the district but continue to act under this section as if it were the board of county commissioners. The presiding officer of the governing body of the municipality shall be ex officio the presiding officer of the board, the clerk of the municipality shall be ex officio the secretary of the board, and the treasurer of the municipality shall be ex officio the treasurer of the board and district. Source: L. 68: p. 163, § 4. C.R.S. 1963: § 36-25-4. L. 99: Entire section amended, p. 507, § 2, effective April 30. L. 2002: (3) added, p. 268, § 3, effective August 7. 30-20-505. Organization petition - contents. (1) The organization of a district shall be initiated by a petition filed in the office of the clerk of the board of county commissioners of the county creating the district. The petition shall be signed by not less than thirty percent or two hundred of the electors of the proposed district, whichever is less. After the filing of a petition, no signer shall be permitted to withdraw his or her name therefrom. (2) The petition shall set forth: (a) The name of the proposed district, which shall include the name of the county creating the district, a descriptive name or number, and the words "public improvement district"; (b) A general description of the improvements to be constructed, installed, acquired, operated, or maintained or the services to be provided by the district; (c) The estimated cost of the proposed improvements or the estimated annual cost of providing the proposed services; (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his or her property is within the district; (e) The names of three persons who shall represent the petitioners and who have the power to enter into agreements relating to the organization of the district, which agreements shall be binding on the district, if created; (f) A prayer for the organization of the district; and (g) A statement that either: (I) The boundaries of the proposed district include at least one hundred eligible electors; (II) The boundaries of the proposed district include at least one eligible elector for each five acres of land included within the proposed district; or (III) The petition is signed by one hundred percent of the owners of taxable real property to be included in the proposed district. Colorado Revised Statutes 2019 Page 245 of 433 Uncertified Printout (3) No petition with the requisite signatures shall be declared void on account of alleged defects. The governing body, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and together shall be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the governing body the same as though filed with the first petition. (4) If the petition is signed by one hundred percent of the owners of the taxable real property to be included in the district and the petition contains a waiver request, the board of county commissioners may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in sections 30-20-507 and 30-20-508. Source: L. 68: p. 163, § 5. C.R.S. 1963: § 36-25-5. L. 69: p. 234, § 2. L. 70: p. 141, § 11. L. 81: (1) amended, p. 1458, § 1, effective July 1. L. 85: (3) amended, p. 1069, § 2, effective April 24. L. 99: (1) and (2) amended and (4) added, p. 507, § 3, effective April 30. L. 2002: (2)(e) amended, p. 268, § 4, effective August 7. 30-20-506. Bond of petitioners. At the time of filing the petition or at any time prior to the time of hearing on said petition a bond shall be filed, with security approved by the governing body, or cash deposit made sufficient to pay all expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the organization proceedings the governing body is satisfied that the bond first executed or the amount of cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than ten days distant, and upon failure of the petitioners to file or deposit the same, the petition shall be dismissed. Source: L. 68: p. 164, § 6. C.R.S. 1963: § 36-25-6. 30-20-507. Notice of hearing. As soon as possible after the filing of such petition, the governing body shall fix, by order, a place and time, not less than twenty days nor more than forty days after the petition is filed, for a hearing thereon. Thereupon the clerk of the governing body shall cause notice by publication to be made of the pendency of the petition, of the purposes and boundaries of the proposed district, and of the time and place of hearing thereon. The clerk shall also forthwith cause a copy of said notice to be mailed to each elector of the district at the elector's last-known address, as disclosed by the tax records of the counties and the last official voter registration lists. The clerk shall also cause a copy of said notice to be mailed to each municipality located within three miles of the boundaries of the proposed district at the same time notice is mailed to the electors of the district. Source: L. 68: p. 164, § 7. C.R.S. 1963: § 36-25-7. L. 70: p. 142, § 12. L. 99: Entire section amended, p. 509, § 4, effective April 30. 30-20-508. Hearing - dismissal - findings - declaration - when action barred. (1) On the day fixed for such hearing or at any adjournment thereof or, if the hearing is waived under section 30-20-505 (4), at any meeting at which a resolution creating a district is considered, the Colorado Revised Statutes 2019 Page 246 of 433 Uncertified Printout governing body shall ascertain from the tax rolls of the counties in which the district is located, from the last official registration list, and from such other evidence which may be adduced, the total number of electors of the district. (2) If it appears that said petition is not signed by at least the number of electors required under section 30-20-505 (1) or if it is shown that the proposed improvement or service will not confer a general benefit on the district or that the cost of the improvement or service would be excessive as compared with the value of the property in the district, the governing body shall thereupon dismiss the petition and adjudge the cost against those executing the bond filed to pay such costs. No appeal or other remedy shall lie from an order dismissing said proceeding. Nothing in this section shall be construed to prevent the filing of subsequent petitions for similar improvements or services or for a similar district. The right so to renew such proceeding is hereby expressly granted and authorized. (3) The finding of the governing body upon the question of the genuineness of the signatures and all matters of fact incident to such determination shall be final and conclusive on all parties in interest, whether appearing or not. (4) (a) Upon the hearing, if required, or without a hearing pursuant to section 30-20-505 (4), if it appears that a petition for the organization of a district has been duly signed and presented in conformity with this part 5 and that the allegations of the petition are true, the governing body, by resolution duly adopted and made effective, shall adjudicate all questions of jurisdiction and may order that the question of the organization of the district and such other matters as the governing body deems appropriate including, but not limited to, the issuance of bonds or other matters for which voter approval is required under section 20 of article X of the Colorado constitution, be submitted to the electors at an election to be held for that purpose in accordance with the provisions of articles 1 to 13 of title 1, C.R.S. Unless provided otherwise in section 20 of article X of the Colorado constitution, such election may be held either at a special election within not less than sixty days but not more than one hundred eighty days after the date the governing body adopted the resolution or in conjunction with a general election, ballot issue election, or ballot question election. (b) At an election held under paragraph (a) of this subsection (4), the electors of the district shall vote for or against the organization of the district and such other matters as the governing body deems appropriate, including, but not limited to, the issuance of bonds or matters for which voter approval is required under section 20 of article X of the Colorado constitution. If a majority of the votes cast at the election are in favor of the organization, the governing body shall adopt a resolution declaring the district organized. (c) If a petition filed with the governing body complies with section 30-20-505 (4), the governing body may adopt a resolution declaring the district organized without any notice, hearing, election, or the filing of a bond. (d) If the governing body adopts a resolution in accordance with paragraph (b) or (c) of this subsection (4), the governing body shall give the district the corporate name specified in the petition by which, in all proceedings, it shall thereafter be known. Thereupon the district shall be a public or quasi-municipal subdivision of the state of Colorado and a body corporate with the limited proprietary powers set forth in this part 5. (e) Nothing in this subsection (4) authorizes a governing body to waive an election otherwise required under section 20 of article X and section 6 of article XI of the Colorado constitution or to hold an election inconsistent with the election requirements in said section 20. Colorado Revised Statutes 2019 Page 247 of 433 Uncertified Printout (5) If a resolution is adopted establishing the district, such resolution shall finally and conclusively establish the regular organization of the district against all persons, unless an action attacking the validity of the organization is commenced in a court of competent jurisdiction within thirty days after the adoption of such resolution. Source: L. 68: p. 164, § 8. C.R.S. 1963: § 36-25-8. L. 70: p. 142, § 13. L. 81: (1) and (2) amended, p. 1458, § 2, effective July 1. L. 99: (1), (2), and (4) amended, p. 509, § 5, effective April 30. 30-20-508.1. Exclusion proviso. (Repealed) Source: L. 81: Entire section added, p. 1459, § 3, effective July 1. L. 99: Entire section repealed, p. 526, § 28, effective April 30. 30-20-509. Recording of resolution. Within thirty days after a district is organized, the clerk of the governing body shall transmit for recording a copy of the resolution establishing the district to the county clerk and recorder of each of the counties in which the district or a part thereof is located. Source: L. 68: p. 165, § 9. C.R.S. 1963: § 36-25-9. L. 83: Entire section amended, p. 1227, § 8, effective July 1. L. 99: Entire section amended, p. 510, § 6, effective April 30. 30-20-510. Governing body constitutes board - duties. The governing body of the county in which the district is located shall constitute ex officio the board of directors of the district. The presiding officer of the governing body shall be ex officio the presiding officer of the board, the clerk of the governing body shall be ex officio the secretary of the board, and the treasurer of the county shall be ex officio the treasurer of the board and district. Such board shall adopt a seal. The secretary shall keep in a visual text format that may be transmitted electronically a record of all its proceedings, minutes of all meetings, certificates, contracts, and all corporate acts, which shall be open to inspection by the owners of property in the district, as well as by all other interested parties. The treasurer shall keep permanent records containing accurate accounts of all money received by and disbursed for and on behalf of the district. Source: L. 68: p. 165, § 10. C.R.S. 1963: § 36-25-10. L. 2009: Entire section amended, (HB 09-1118), ch. 130, p. 561, § 6, effective August 5. 30-20-511. Meetings. The board shall hold meetings, which shall be open to the public, in a place to be designated by the board as often as the needs of the district require, on notice to each member of the board. A quorum of the governing body shall constitute a quorum at any meeting. Notice of time and place of all regular and special meetings shall be posted in three public places within the limits of the district and in the county courthouse at least three days previous to such meetings. Source: L. 68: p. 165, § 11. C.R.S. 1963: § 36-25-11. Colorado Revised Statutes 2019 Page 248 of 433 Uncertified Printout Cross references: For quorum of the governing body of a county, see § 1-4-205. 30-20-512. General powers of district. (1) The district has the following limited powers: (a) To have perpetual existence; (b) To have and use a corporate seal; (c) To sue and be sued, and be a party to suits, actions, and proceedings; (d) Except as otherwise provided in this part 5, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities. A notice shall be published for bids on all construction contracts for work or material, or both, involving an expense of one thousand dollars or more. The district may reject any and all bids, and if it appears that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do. (e) To borrow money and incur general obligation indebtedness and evidence the same by bonds, certificates, warrants, notes, and debentures in accordance with the provisions of this part 5 and to issue revenue bonds or special assessment bonds in accordance with the provisions of this part 5; (f) To acquire, construct, install, operate, and maintain the improvements or provide the services contemplated by this part 5, including improvements located outside the boundaries of the district, and all property, rights, or interest incidental or appurtenant thereto, and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith; but any improvement or service, other than described in the organization petition, shall be first approved by either a petition signed by not less than fifty percent of the taxpaying electors in the district or by election; (g) To refund any general obligation indebtedness, revenue bonds, or special assessment bonds of the district without an election; otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds of the district; (h) To have the management, control, and supervision of all the business and affairs of the district and of the acquisition, construction, installation, operation, and maintenance of district improvements or the provision of services; (i) To have and exercise the power of eminent domain in the same manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers granted in this part 5; (j) To construct and install improvements across or along any public street, alley, or highway, and to construct works across any stream of water or watercourses. However, the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways, and the construction or installation of improvements by any district, shall be in accordance with the provisions of all applicable county resolutions and with such reasonable rules and regulations as may be prescribed by the governing body of the county. (k) To fix, and from time to time to increase or decrease, rates, tolls, or charges for any revenue-producing services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. Until paid, all rates, tolls, or charges shall constitute a perpetual lien on and against the property served, and any such lien may be Colorado Revised Statutes 2019 Page 249 of 433 Uncertified Printout foreclosed in the same manner as provided by the laws of the state of Colorado for the foreclosure of mechanics' liens. With respect to revenue-producing services or facilities, the board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls, or charges, or for delinquencies in the payment of taxes levied pursuant to this part 5, and shall prescribe and enforce rules and regulations for connecting with and disconnecting from such services and facilities. (l) To adopt and amend bylaws, not in conflict with the constitution and laws of the state or with the resolution of the county affected, for carrying on the business, objects, and affairs of the board and of the district; (m) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5. (n) In a district providing fire protection services: (I) To create and maintain a firefighters' pension fund, under the provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.; and (II) To adopt and enforce fire codes, as the board deems necessary, but no such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the portion of the municipality or the county that is within the district's boundaries; except that nothing in this subsection (1)(n) shall be construed to affect any existing fire codes that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no district providing fire protection service shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction. (o) To conduct an election in accordance with articles 1 to 13 of title 1, C.R.S., for any purpose the board deems necessary or required. (2) A district has the power to construct, maintain, and operate safety measures that are necessary to allow the county to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S. Source: L. 68: p. 165, § 12. C.R.S. 1963: § 36-25-12. L. 81: (1)(f) amended, p. 1459, § 4, effective July 1. L. 90: (1)(n) added, p. 1459, § 2, effective March 22. L. 95: (1)(n)(I) amended, p. 1380, § 4, effective June 30. L. 96: (1)(n)(II) amended, p. 283, § 2, effective April 11; (1)(n)(I) amended, p. 941, § 4, effective May 23. L. 99: (1)(e), (1)(f), (1)(g), and (1)(h) amended and (1)(o) added, p. 510, § 7, effective April 30. L. 2006: (2) added, p. 347, § 1, effective August 7. L. 2017: (1)(n)(II) amended, (SB 17-222), ch. 245, p. 1028, § 6, effective August 9. Cross references: (1) For the power of eminent domain, see article 1 of title 38; for foreclosure of mechanics' liens, see article 22 of title 38. Colorado Revised Statutes 2019 Page 250 of 433 Uncertified Printout (2) For the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 254, Session Laws of Colorado 1995. 30-20-512.5. Local improvement districts - authority to establish. In order to defray all or any portion of the costs of the improvements or services provided by the district, the board may establish local improvement districts within the boundaries of the district. Such local improvement districts may be established whenever the board determines that property in the district will be especially benefitted by such improvements or services. The method of creating local improvement districts, making the improvements or providing the services, and assessing the costs thereof shall be as provided in part 6 of this article. However, the electors eligible to vote on any question under this section shall either be electors of the district or electors within the proposed local improvement district, as determined by the board. In addition, the board shall perform the duties of the governing body as set forth in part 6 of this article, and the secretary of the district shall perform the duties of the county clerk and recorder as set forth in part 6 of this article. The improvements that the local improvement district may construct and the services that the local improvement district may provide shall be the improvements and the services that the district may provide under this part 5. Source: L. 99: Entire section added, p. 513, § 10, effective April 30. 30-20-513. Determination of special benefits - factors considered. (1) The term "benefit", for the purposes of assessing a particular property within a public improvement district, particularly with respect to storm sewer drainage and to drainage improvements to carry off surface waters, includes, but is not limited to, the following: (a) Any increase in the market value of the property; (b) The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable; (c) Any adaptability of property to a superior or more profitable use; (d) Any alleviation of health and sanitation hazards accruing to particular property or accruing to public property in the improvement district if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district; (e) Any reduction in the maintenance costs of particular property or accruing to public property in the improvement district if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district; (f) Any increase in convenience or reduction in inconvenience accruing to particular property owners, including the facilitation of access to and travel over streets, roads, and highways; (g) Recreational improvements accruing to particular property owners as a direct result of drainage improvement. Source: L. 75: Entire section added, p. 996, § 1, effective July 1. Colorado Revised Statutes 2019 Page 251 of 433 Uncertified Printout Editor's note: This section was originally numbered as § 30-20-512.5 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-514. Power to levy taxes. In addition to the other means of providing revenue for such districts, the board has the power to levy and collect ad valorem taxes on and against all taxable property within the district. Such power shall not prevent the issuance of obligations payable solely from the income of revenue-producing facilities. Source: L. 68: p. 167, § 13. C.R.S. 1963: § 36-25-13. Editor's note: This section was originally numbered as § 30-20-513 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-515. Determining and fixing rate of levy. The board shall determine annually the amount of money necessary to be raised by a levy on the taxable property in the district, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of valuation for assessment of taxable property within the district, together with other revenues, shall raise the amount required by the district during the ensuing fiscal year for paying expenses of organization and the costs of acquiring, constructing, installing, operating, and maintaining the improvements or works of the district or providing the services of the district and promptly to pay in full when due all interest on and principal of general obligation bonds or indebtedness and other obligations of the district. In the event of accruing defaults or deficiencies, additional levies may be made as provided in section 30-20516. At the time of certifying other tax levies, the board shall certify to the board of county commissioners of each county in which the district or a portion thereof lies the rate of levy so determined with directions that, at the time and in the manner required by law for levying of taxes for county purposes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the district at the rate so fixed and determined, in addition to such other taxes as may be levied by such board of county commissioners. Source: L. 68: p. 167, § 14. C.R.S. 1963: § 36-25-14. L. 99: Entire section amended, p. 511, § 8, effective April 30. Editor's note: This section was originally numbered as § 30-20-514 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-516. Levies to cover deficiencies. The board, in fixing and determining the rate of levy, shall take into account the maturing indebtedness for the current and ensuing year on the contracts, bonds, interest on bonds, deficiencies, and defaults of prior years of the district, and shall make provision for the payment thereof. In case the money produced from such levy, together with other revenues of the district, is not sufficient to punctually meet the payments on the contracts, bonds, and interest on bonds of the district, and to pay defaults and deficiencies of the district, then the board, from year to year, shall make such additional levies of taxes as may Colorado Revised Statutes 2019 Page 252 of 433 Uncertified Printout be necessary for meeting such payments, and notwithstanding any limitations, such levies shall be made and continued until the indebtedness of the district is fully paid. Source: L. 68: p. 167, § 15. C.R.S. 1963: § 36-25-15. Editor's note: This section was originally numbered as § 30-20-515 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-517. County officers to levy and collect taxes - liens. It is the duty of the governing body to levy the taxes certified to it, as provided in this part 5. It is the duty of all officials charged with the duty of collecting taxes to collect and enforce such taxes at the time, in the form and manner, and with like interest and penalties as other taxes are collected and, when collected, to pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this part 5, together with the penalties for default in payment thereof, and all costs of collecting same, shall constitute a lien, until paid, on and against the property taxed, as in the case of other general taxes. Source: L. 68: p. 167, § 16. C.R.S. 1963: § 36-25-16. 30-20-518. Property sold for taxes. The taxes provided for in this part 5 shall be a part of the general taxes and shall be paid accordingly. Sales of properties for delinquencies shall be in the same manner as is provided in the statutes of the state of Colorado for the sale of property for nonpayment of taxes. Source: L. 68: p. 167, § 17. C.R.S. 1963: § 36-25-17. Editor's note: This section was originally numbered as § 30-20-517 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. Cross references: For procedures on sale of property for nonpayment of taxes, see part 11 of article 25 of title 31 and article 11 of title 39. 30-20-519. Reserve fund. Whenever any indebtedness has been incurred by a district, it is lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for operating charges and depreciation, and to provide extensions and betterments of the authorized improvements of the district. Source: L. 68: p. 168, § 18. C.R.S. 1963: § 36-25-18. Editor's note: This section was originally numbered as § 30-20-518 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. Colorado Revised Statutes 2019 Page 253 of 433 Uncertified Printout 30-20-520. Inclusion or exclusion - petition - notice - hearing - order. (1) The boundaries of any district organized under the provisions of this part 5 may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file with the board a petition, in writing, praying that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of money sufficient to pay all costs of the inclusion or exclusion proceedings. The secretary of the board shall cause notice of filing of such petition to be given and published, which notice shall state the filing of such petition, names of petitioners, and descriptions of property sought to be included or excluded, and the prayer of said petitioners. (2) Such notice shall state that all persons having objections to the petition may appear in the office of the board at the time set in said notice, and show cause why the petition should not be granted. The board, at the time and place set in the notice, or at such times to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto. The failure of any person interested to show cause shall be deemed an assent on his part to the inclusion or exclusion of such property as prayed for in the petition. If the petition is granted, the board shall adopt a resolution to that effect and file a certified copy of same with the county clerk and recorder of the county in which the property is located. Thereupon said property shall be included or excluded from the district. Source: L. 68: p. 168, § 19. C.R.S. 1963: § 36-25-19. Editor's note: This section was originally numbered as § 30-20-519 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-521. Liability of property. All property included within or excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of inclusion or exclusion. Source: L. 68: p. 168, § 20. C.R.S. 1963: § 36-25-20. Editor's note: This section was originally numbered as § 30-20-520 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-522. Board can issue bonds - form - legislative declaration. (1) To carry out the purposes of this part 5, the board is hereby authorized to issue bonds of the district. Such bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable at such times as determined by the board, and shall be due and payable in installments at such times as determined by the board and extending not more than twenty years from date of issuance. The form and terms of said bonds, including provisions for their sale, payment, and redemption, shall be determined by the board. To the extent required by section 20 of article X of the Colorado Colorado Revised Statutes 2019 Page 254 of 433 Uncertified Printout constitution, such bonds shall not be issued unless first approved at an election held for that purpose in accordance with articles 1 to 13 of title 1, C.R.S. If the board so determines, such bonds may be redeemable prior to maturity, with or without payment of a premium, but no premium shall exceed three percent of the principal thereof. The bonds shall be executed in the name of and on behalf of the district and signed by the presiding officer of the board with the seal of the district affixed thereto and attested by the secretary of the board. Such bonds shall be in such denominations as the board shall determine. Interest coupons, if any, shall bear the original or facsimile signature of the presiding officer of the board. Under no circumstances shall any of said bonds be considered or held to be an indebtedness, obligation, or liability of the counties or municipalities in which the district or any portion thereof is located, and bonds issued pursuant to the provisions of this part 5 shall contain a statement to that effect. (2) The general assembly finds and declares that: (a) In performing its duties under section 20 of article X and section 6 of article XI of the Colorado constitution, the general assembly must balance the interests of controlling public debt, preserving local control, and reasonably restraining most of the growth of government; (b) In balancing these constitutional interests through the exercise of its legislative authority, the general assembly has enacted limitations on the ability of county public improvement districts to incur indebtedness; (c) A statutory restriction has been imposed on the amount of bonded indebtedness that county public improvement districts can incur with voter approval; (d) From time to time, changes to such limitations imposed on county public improvement districts are necessary in order to keep these constitutional interests properly balanced in light of changing circumstances; (e) Section 20 (1) of article X of the Colorado constitution prohibits the weakening of "other limits on district revenue, spending, and debt" without future voter approval; (f) No change in county public improvement district debt occurs by virtue of statutory changes that increase a limit when the debt would not actually increase without such district voter approval; (g) Any actual weakening of county public improvement district debt limitation occurs only when such district voter approval is obtained under an increased limit; and (h) By requiring voters to give approval at the county public improvement district level for any weakening of a county public improvement district limit on debt, the voter approval requirement of section 20 (1) of article X of the Colorado constitution is satisfied in a manner achieving a reasonable result through legislative harmonization of constitutional provisions. Source: L. 68: p. 168, § 21. C.R.S. 1963: § 36-25-21. L. 70: p. 143, § 14. L. 99: Entire section amended, p. 512, § 9, effective April 30. Editor's note: This section was originally numbered as § 30-20-521 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-523. Submission of debt question - form. (Repealed) Source: L. 68: p. 169, § 22. C.R.S. 1963: § 36-25-22. L. 70: p. 143, § 15. L. 71: p. 337, § 7. L. 99: Entire section repealed, p. 526, § 28, effective April 30. Colorado Revised Statutes 2019 Page 255 of 433 Uncertified Printout Editor's note: This section was originally numbered as § 30-20-522 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-524. Notice of election. (Repealed) Source: L. 68: p. 169, § 23. C.R.S. 1963: § 36-25-23. L. 99: Entire section repealed, p. 526, § 28, effective April 30. Editor's note: This section was originally numbered as § 30-20-523 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-525. Conduct of election - canvass. (Repealed) Source: L. 68: p. 169, § 24. C.R.S. 1963: § 36-25-24. L. 99: Entire section repealed, p. 526, § 28, effective April 30. Editor's note: This section was originally numbered as § 30-20-524 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-526. Effect - subsequent elections. (Repealed) Source: L. 68: p. 169, § 25. C.R.S. 1963: § 36-25-25. L. 70: p. 144, § 16. L. 71: p. 337, § 3. L. 99: Entire section repealed, p. 526, § 28, effective April 30. Editor's note: This section was originally numbered as § 30-20-525 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-527. Procedure. Any district organized pursuant to this part 5 may be dissolved after notice given and a hearing held in the manner prescribed by sections 30-20-507 and 30-20508. After hearing any protests against, or objections to, dissolution, if the board determines that it is in the best interests of all concerned to dissolve the district, it shall so provide by resolution, a certified copy of which shall be filed in the office of the county clerk and recorder in the county in which the district is located. Upon such filing, the dissolution shall be complete. However, no district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities, or until funds are on deposit and available therefor. Source: L. 68: p. 170, § 26. C.R.S. 1963: § 36-25-26. Editor's note: This section was originally numbered as § 30-20-526 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-528. Correction of faulty notices. In any case where a notice is provided for in this part 5, if the governing body finds for any reason that due notice was not given, the governing body shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the governing body in that case shall order due notice given, Colorado Revised Statutes 2019 Page 256 of 433 Uncertified Printout and shall continue the proceeding until such time as notice shall be properly given, and thereupon shall proceed as though notice had been properly given in the first instance. Source: L. 68: p. 170, § 27. C.R.S. 1963: § 36-25-27. Editor's note: This section was originally numbered as § 30-20-527 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-529. Early hearings. All actions in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under this part 5, shall be advanced as a matter of immediate public interest and concern, and shall be heard at the earliest practicable moment. Source: L. 68: p. 170, § 28. C.R.S. 1963: § 36-25-28. Editor's note: This section was originally numbered as § 30-20-528 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-530. County jurisdiction unimpaired. Nothing in this part 5 shall affect or impair the control and jurisdiction which a county has over all property within its boundaries. All powers granted by this part 5 shall be subject to such control and jurisdiction. Source: L. 68: p. 170, § 29. C.R.S. 1963: § 36-25-29. Editor's note: This section was originally numbered as § 30-20-529 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-531. Method not exclusive. No part of this part 5 shall repeal or affect any other law or any part thereof, it being intended that this part 5 shall provide a separate method of accomplishing its objects, and not an exclusive one. Source: L. 68: p. 170, § 30. C.R.S. 1963: § 36-25-30. Editor's note: This section was originally numbered as § 30-20-530 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-532. Confirmation of board actions and powers. (1) In its discretion, the board may file a petition at any time in the district court in any county in which the district or a portion thereof is located for a judicial examination and determination of any power conferred, any securities issued by the district or authorized to be issued by the district, any taxes, assessments, or service charges levied or otherwise made by the district or contracted to be levied by the district or otherwise made by the district, or of any other act, proceeding, or contract of the district whether or not such act, proceeding, or contract has been taken or executed, including proposed contracts for any improvement, proposed securities of the district to defray in whole or Colorado Revised Statutes 2019 Page 257 of 433 Uncertified Printout in part the cost of the project, the proposed acquisition, improvement, equipment, maintenance, operation, or disposal of any property pertaining thereto, or any combination thereof. (2) A petition filed under subsection (1) of this section shall set forth the facts upon which the validity of such power, securities, taxes, assessments, charges, act, proceeding, or contract is founded. The presiding officer of the district shall verify the petition before it is filed with the district court by signing said petition. (3) Any action filed under this section shall be in the nature of a proceeding in rem. The district court shall have jurisdiction over all parties interested in the proceeding upon the publication and posting of a notice in accordance with this part 5. (4) The clerk of the district court in which a petition is filed shall provide notice of such filing. The notice shall include: A brief outline of the contents of the petition; the time, date, and location of the hearing; and the location where a complete copy of any documents at issue in the petition may be examined. The clerk shall serve the notice by: (a) Publishing the notice at least once a week for five consecutive weeks by five weekly insertions in a newspaper of general circulation in the counties and municipalities in which the district is located; and (b) Posting the notice in the office of the district at least thirty days prior to the date of the hearing on the petition. (5) Any owner of property within the boundaries of the district or any other person interested in the petition filed by the board may appear at the hearing by either filing a motion to dismiss or an answer to the petition at least five days prior to the hearing date or within such time as the court may allow. The petition shall be taken as confessed by all persons who fail to appear. (6) The petition and notice shall be sufficient to give the district court jurisdiction, and, upon hearing, the district court shall examine and determine all matters affecting the question submitted, shall make such findings with reference thereto, and shall render such judgment and decree thereon as the case warrants. (7) Unless otherwise specified in this part 5, the Colorado rules of civil procedure shall govern any actions filed under this section in matters of pleading and practice. (8) Costs may be divided or apportioned among any contesting parties in the discretion of the district court. (9) Review of the judgment of the district court may be had as in other similar cases; except that such review shall be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days. (10) The district court shall disregard any error, irregularity, or omission that does not affect the substantial rights of the parties. (11) All cases in which there may arise a question of validity of any matter provided for under this section shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment. Source: L. 99: Entire section added, p. 513, §10, effective April 30. 30-20-533. Exemption from taxation. The income or other revenues of the district, any property owned by the district, any bonds issued by the district, and the transfer of and any income from any bonds issued by the district shall be exempt from all taxation and assessments Colorado Revised Statutes 2019 Page 258 of 433 Uncertified Printout by the state. In the resolution authorizing the bonds, the district may waive the exemption from federal income taxation for any interest on the bonds. Source: L. 99: Entire section added, p. 513, § 10, effective April 30. 30-20-534. Limitation of actions. Any legal or equitable action brought with respect to any acts or proceedings of the district, the creation of a district, the authorization of any bonds, or any other action taken under this part 5 shall commence within thirty days after the performance of such action or else shall be thereafter perpetually barred. Source: L. 99: Entire section added, p. 513, § 10, effective April 30. L. 2002: Entire section amended, p. 268, § 5, effective August 7. PART 6 LOCAL IMPROVEMENT DISTRICTS - COUNTIES Law reviews: For article, "Improvement Districts for Colorado Counties, Cities, and Towns", see 30 Colo. Law. 53 (Jan. 2001). 30-20-601. Power to make local improvements. Except as otherwise provided in this part 6, any county in this state may construct any of the local improvements mentioned in this part 6 and fund such improvements by assessing the cost thereof, wholly or in part, upon the property especially benefited by such improvements or, for the funding of improvements authorized by section 30-20-603 (1)(a), (1)(a.5), and (1)(c), by imposing a sales tax throughout the district or by utilizing a combination of such assessments and tax. The improvements shall be authorized by resolution duly adopted and shall be constructed under the direction of the county engineer or other officer having similar duties or under the direction of the board in accordance with plans and specifications adopted by the board. Source: L. 73: p. 483, § 1. C.R.S. 1963: § 36-30-1. L. 87: Entire section amended, p. 1210, § 1, effective May 7. L. 99: Entire section amended, p. 515, § 11, effective April 30. L. 2000: Entire section amended, p. 1989, § 1, effective August 2. 30-20-601.5. Legislative declaration - inclusion of energy efficiency and renewable energy production projects in local improvement districts. (1) The general assembly finds, determines, and declares that: (a) The production and efficient use of energy will continue to play a central role in the future of this state and the nation as a whole; and (b) The development, production, and efficient use of renewable energy will advance the security, economic well-being, and public and environmental health of this state, as well as contributing to the energy independence of our nation. (2) The general assembly further finds, determines, and declares that the inclusion of energy efficiency and renewable energy production projects for residential and commercial use in local improvement districts, and powers conferred under this part 6, as well as the Colorado Revised Statutes 2019 Page 259 of 433 Uncertified Printout expenditures of public moneys made pursuant to this article, will serve a valid public purpose and that the enactment of this part 6 is expressly declared to be in the public interest. Source: L. 2008: Entire section added, p. 1294, § 8, effective May 27. 30-20-602. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Assessment unit" means an area within a district which is separately defined for determining assessments payable pursuant to this part 6. (1.5) "Board" means: (a) The board of county commissioners of a county or city and county. (b) Repealed. (1.7) and (1.8) Repealed. (2) "District" means the geographical division of the county or counties within which any local improvements are made or proposed, when so declared by resolution of the board. There may be noncontiguous parts or sections within the same county included in one district; except that, in a district in which a sales tax is levied, a noncontiguous part or section may only be included if the owners of any property within such part or section petitioned to be included in the district. No district shall include territory that is included in an undissolved district that was formed for the same type of improvement. Notwithstanding any other provision of this part 6 and except in the case of a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, no district in which a sales tax is levied pursuant to section 30-20-604.5 shall be formed that includes territory within a municipality, and any such district shall be as compact as possible. Except as provided in section 30-20-603 (11.5)(b)(I), no district that crosses county boundaries may be formed by intergovernmental agreement or otherwise. (2.5) "Drainage facility" means any land and improvements thereon, if any, used for the conveyance of water runoff. (2.7) (a) "Elector of the district" means a person who, at the designated time or event, is registered to vote in accordance with the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and: (I) Who is a resident of the district or the area to be included in the district; or (II) Who or whose spouse or civil union partner owns taxable real or personal property within the district or the area to be included in the district whether or not said person resides within the district. (b) Where the owner of taxable real or personal property specified in subparagraph (II) of paragraph (a) of this subsection (2.7) is not a natural person, an "elector of the district" shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one such person may be designated by an owner. (2.8) "Energy efficiency improvement" means an installation or modification that is designed to reduce energy consumption in residential or commercial buildings and includes, but is not limited to, the following: (a) Insulation in walls, roofs, floors, and foundations and in heating and cooling distribution systems; Colorado Revised Statutes 2019 Page 260 of 433 Uncertified Printout (b) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heatreflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; (c) Automatic energy control systems; (d) Heating, ventilating, or air conditioning and distribution system modifications or replacements in buildings or central plants; (e) Caulking and weatherstripping; (f) Replacement or modification of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system; (g) Energy recovery systems; (h) Daylighting systems; and (i) Any other modification, installation, or remodeling approved as a utility cost-savings measure by the board. (2.9) "Informational products and materials" means any marketing or advertising device used to promote the general development of business within a district, but does not include any marketing or advertising device used to promote a single store or company. (3) "Owner" means the person holding record fee title to real property; except that a person obligated to pay general taxes under a contract to purchase real property shall be considered the owner thereof for the purposes of this part 6, and in such case any other person holding record fee title to such property shall not be considered the owner thereof. (4) "Property" means all land, whether platted or unplatted, regardless of improvements thereon and regardless of lot or land lines. Lots may be designated in accordance with any recorded map or plat thereof and unplatted lands by any definite description. (4.3) "Qualified community location" means: (a) If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that: (I) Is wholly owned, through either an undivided or a fractional interest, by the owner or owners of the residential or commercial building or buildings that are directly benefited by the renewable energy improvement; (II) Provides energy as a direct credit on the owner's utility bill; and (III) Is an encumbrance on the property specifically benefited. (b) If the affected local electric utility is an investor-owned utility, a community solar garden, as that term is defined in section 40-2-127 (2), C.R.S. If House Bill 10-1342 does not take effect, there shall be no qualified community locations in the service territories of investorowned utilities. (4.5) "Registered elector" means an elector, as defined in section 1-1-104 (12), C.R.S., who has complied with the registration provisions of the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and who resides within or is eligible to vote in the county. (4.7) (a) "Renewable energy improvement" means a fixture, product, system, device, or interacting group of devices that produces energy from renewable resources, including photovoltaic systems, solar thermal systems, small wind systems, biomass systems, hydroelectric systems, or geothermal systems, as may be included in the approval of the district by the board, and that either: Colorado Revised Statutes 2019 Page 261 of 433 Uncertified Printout (I) Is installed behind the meter of a residential or commercial building; or (II) Directly benefits a residential or commercial building through a qualified community location. (b) No renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this part 6 limits the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities, or modifies or expands the net metering limitations established in sections 40-2-124 (7) and 40-9.5118, C.R.S. Primary jurisdiction to hear any disputes concerning whether a renewable energy improvement interferes with such a right shall lie: (I) In the case of a regulated utility, with the public utilities commission; and (II) In the case of a municipally owned utility, with the governing body of such municipality. (c) "Renewable energy improvement" includes an improvement to the efficiency of a traditional energy fixture. (5) "Street" means any road or other public thoroughfare. (6) "Unincorporated area" means any territory within a county which is not within the boundaries of any municipality. Source: L. 73: p. 483, § 1. C.R.S. 1963: § 36-30-2. L. 83: (1.5) added, p. 1235, § 2, effective June 3. L. 86: (1), (1.5), and (2) R&RE and (2.5) added, p. 1058, §§ 25, 26, effective April 17. L. 87: (2) amended, p. 1210, § 2, effective May 7. L. 99: (2.7) and (4.5) added, p. 515, § 12, effective April 30. L. 2000: (1.5) and (2) amended and (1.7) and (1.8) added, p. 1989, § 2, effective August 2. L. 2002: (2.9) added, p. 335, § 1, effective April 19; (2.7) amended, p. 268, § 6, effective August 7. L. 2008: (2.8) and (4.7) added, p. 1295, § 9, effective May 27. L. 2010: (2) and (4.7) amended and (4.3) added, (SB 10-100), ch. 207, p. 899, § 1, effective May 5. L. 2012: (4.7)(c) added, (HB 12-1315), ch. 224, p. 975, § 37, effective July 1. L. 2013: (2) amended, (HB 13-1036), ch. 182, p. 669, § 1, effective August 7. L. 2014: (2.7)(a) amended, (HB 14-1164), ch. 2, p. 58, § 9, effective February 18. Editor's note: (1) Subsection (1.5)(b)(II) provided for the repeal of subsection (1.5)(b), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.7)(b) provided for the repeal of subsection (1.7), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.8)(b) provided for the repeal of subsection (1.8), effective December 31, 2002. (See L. 2000, p. 1989.) (2) House Bill 10-1342, referenced in subsection (4.3)(b), was signed by the Governor and took effect June 5, 2010. Cross references: (1) For definitions applicable to this part 6, see § 30-26-301 (2)(d). (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 30-20-603. Improvements and funding authorized - how instituted - conditions definitions. (1) (a) A district may be formed in accordance with the requirements of this part 6 for the purpose of constructing, installing, acquiring, or funding, in whole or in part, any public improvement, so long as the county that forms the district is authorized to provide such Colorado Revised Statutes 2019 Page 262 of 433 Uncertified Printout improvement or provide for such funding under the county's home rule charter, if any, or the laws of this state. Public improvements or the funding thereof shall not include any facility identified in section 30-20-101 (8) or (9). No such district shall provide the same improvement as an existing special district within the territory of such existing special district unless the existing special district consents. The improvements authorized by this part 6 may consist, without limitation, of constructing, grading, paving, pouring, curbing, guttering, lining, or otherwise improving the whole or any part of any street or providing street lighting, drainage facilities, or service improvements, in the unincorporated area of a county or wholly or partly within the boundaries of any municipality within the county if such municipality consents by ordinance to such improvements. If improvements within a municipality are so included in a county improvement district by municipal consent, the county shall have full authority to construct or acquire such improvements, to assess property within such municipality benefited by such improvements, and to enforce and collect such assessments, in the manner provided in this part 6. The improvements authorized by this part 6 may include, without limitation, the construction of sidewalks adjacent to any such streets or maintenance roads adjacent to any such drainage facilities. Prior to the establishment of any improvement district for the purpose of providing street lighting, arrangements, by contract or otherwise, must be established under which the owners of property included within such district shall be responsible for the maintenance and operation of such street lighting improvement. The costs of maintenance and operation of such street lighting improvements shall not be paid from the county general fund. Drainage facilities shall not be provided in any area which is within an existing drainage district organized or created pursuant to law without the approval of such district. The term "service" as used in this paragraph (a) includes the services provided by a public utility as defined in section 40-1-103, C.R.S., as well as advanced service as defined in section 29-27-102 (1), C.R.S., cable television service as defined in section 29-27-102 (2), C.R.S., telecommunications service as defined in section 40-15-102 (29), C.R.S., geothermal heat suppliers as defined in section 40-40103, C.R.S., and information service as defined in 47 U.S.C. sec. 153 (20), or any successor section. (a.5) In a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado and in which a sales tax is levied pursuant to section 30-20-604.5, the improvements may also consist of the provision of transportation services, vehicles, equipment, parking, and improvements in the district. Transportation services may be provided by the district in an area within the regional transportation district as described in section 32-9-106.1, C.R.S., if the regional transportation district consents to the provision of such services. (b) Additionally, the improvements authorized by this part 6 may consist of constructing, installing, or otherwise improving the whole or any part of any system for the transmission or distribution of water or for the collection or transmission of sewage, or both such systems. (c) If any improvement or transportation services authorized by this subsection (1) are funded by sales tax, the tax may also be used for the operation and maintenance of such improvement or services, for the production and distribution of informational products and materials, and for the organization, promotion, marketing, and management of public events. (d) The improvements authorized by this part 6 may include the construction, maintenance, and operation of safety measures that are necessary to allow the county to restrict Colorado Revised Statutes 2019 Page 263 of 433 Uncertified Printout the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S. (e) The improvements authorized by this part 6 may include, where specified or generally provided for in the resolution of the board approving the district, any renewable energy improvement or energy efficiency improvement to any residential or commercial property within the district. (f) Any district formed pursuant to this part 6 and the county that forms the district shall implement the funding authorized by this part 6 for service improvements as defined in paragraph (a) of this subsection (1) in a nondiscriminatory and technologically and competitively neutral manner. (g) (I) A public utility or telecommunications service improvement funded by a district established pursuant to this part 6 shall be constructed only by or in agreement with a public utility or telecommunications service provider duly authorized by the public utilities commission, as applicable, to provide service, facilities, plants, or systems in the area in which the public utility or telecommunications service improvement is to be constructed and shall be owned, operated, and maintained by the public utility or telecommunications service provider. All other service improvements as defined in subsection (1)(a) of this section funded pursuant to this part 6 shall be constructed by or in agreement with the service provider and owned and operated by the service provider. Neither a district formed pursuant to this part 6, nor the county that forms the district, shall: (A) Use the authority set forth in this section to provide, directly or indirectly, any services as defined in subsection (1)(a) of this section; or (B) Have any right, title, or interest in any service improvement as defined in subsection (1)(a) of this section funded by a district established pursuant to this part 6. (II) In compliance with the procedures set forth in subsection (1)(g)(I) of this section, a rural county may establish a local improvement district only in an unserved area to contract with a telecommunications service provider or an advanced service provider to fund the construction of an advanced service improvement. (III) For purposes of this subsection (1)(g): (A) "Advanced service" has the same meaning as "broadband service" as it is defined in section 40-15-102 (3.3). (B) "Rural county" means any county that has a population of fewer than sixty thousand inhabitants. (C) "Unserved area" has the same meaning as set forth in section 40-15-102 (32)(a). (h) Nothing in this part 6 shall extend, diminish, or otherwise alter the jurisdiction of the public utilities commission created in section 40-2-101, C.R.S. (2) (a) The board may declare by resolution any local improvement district authorized by this part 6 and may by resolution order the improvements authorized by subsection (3) of this section; except that, if written protests are submitted prior to the hearing referred to in subsection (6) of this section by the owners of property within the proposed district or assessment unit, which property, based upon the proposed method of assessment, would bear more than one-half of the total proposed assessments within the district or the assessment unit, the board shall not Colorado Revised Statutes 2019 Page 264 of 433 Uncertified Printout proceed with such local improvement district or assessment unit based on the preliminary order so protested. Such protests shall not prevent the board from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest as provided in this part 6. (b) If the district is initiated by resolution of the board of county commissioners, the commissioners shall, in addition to the notice provided for in subsection (6) of this section, make reasonable attempts to deliver or mail to each address within the district a brief written synopsis of the proposed improvements no less than ten days before the hearing. This shall not be interpreted to mean that insufficient notice has been given if any property owner claims not to have received the notice, provided that the commissioners have made a bona fide effort to comply. (2.5) (a) The boundaries of any district organized under the provisions of this part 6 may be changed in the manner prescribed in this subsection (2.5); except that the change of boundaries of the district shall not impair or affect the district's organization or rights in or to property or any of the district's rights or privileges whatsoever, nor shall the change affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file a petition with the board, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The county clerk and recorder shall cause notice of the filing of such petition to be given and posted, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the property sought to be included or excluded, and the request of said petitioners. (b) The notice of the filing of a petition required by paragraph (a) of this subsection (2.5) shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The board, at the time and place mentioned in the notice or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto that may be presented by any person showing cause why said petition should not be granted. The failure of any interested person to show cause shall be deemed as an assent on the person's part to the inclusion or exclusion of such property as requested in the petition. If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the board shall adopt a resolution changing the boundaries of the district accordingly and record a certified copy of the resolution with the county clerk and recorder of the county in which the property is located, and the property is thereafter included in or excluded from the district as applicable. (c) The board shall take into consideration and make a finding regarding all of the following factors when determining whether to grant or deny the petition: (I) The best interests of all of the following: (A) The property to be included or excluded in the local improvement district; (B) The local improvement district for which the change of boundaries is proposed; and (C) The county or counties in which the local improvement district is located; (II) The relative cost and benefit to the property to be included in or excluded from the district; and Colorado Revised Statutes 2019 Page 265 of 433 Uncertified Printout (III) The ability of the local improvement district to provide economical and sufficient improvements or services to both the property to be included or excluded and all of the properties within the district's boundaries. (d) All property included in or excluded from a district is subject to the levy of taxes, assessments, or both, for the payment of the property's proportionate share of any indebtedness of the district outstanding at the time of the property's inclusion or exclusion. (3) (a) Except as to improvements initiated by the board as authorized by subsection (2) of this section, no improvement shall be ordered under this part 6 unless a petition for the same is first presented, subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed, and, except as specified in this section, nothing in this part 6 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than onehalf of the entire costs estimated by the board to be assessed in each assessment unit shall petition as specified in this part 6. In any case where a proposed improvement district formed prior to December 31, 2002, plans to provide transportation services and improvements pursuant to paragraph (a.5) of subsection (1) of this section and to levy a sales tax pursuant to section 3020-604.5 to fund such services and improvements, the owners of the taxable real and personal property within the proposed improvement district having a valuation for assessment of not less than fifty percent of the valuation for assessment of all real or personal property within the district shall sign the petition presented to the board. (b) If the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed shall petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement must be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section. (c) If the material petitioned for by the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed is one that does not encourage competition, it shall be the right of the petitioners to state in the petition the maximum price per square yard, or linear foot, or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest. (4) The board shall encourage competition, by advertising for and receiving bids for such construction, and, so far as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications. (5) Before contracting for or ordering any work to be constructed whether initiated by the board or by petition, a preliminary order shall be made by the board, adopting preliminary plans and specifications for the same, definitely describing the materials to be used, or stating that one of several specified materials shall be chosen, determining the number of installments and time in which the cost of the improvement shall be payable, if any, and the property, if any, to be assessed for the same, as provided in this part 6, and requiring an estimate of the cost to be made by the county engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made, and a schedule showing the approximate amounts, if any, to be assessed upon the several lots or parcels of property within the district. Colorado Revised Statutes 2019 Page 266 of 433 Uncertified Printout The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the board but shall not be binding. (6) The county clerk and recorder shall give notice, by advertisement once in a newspaper of general circulation in such county, to the owners of any property to be assessed of: (a) The kind of improvements proposed; (b) The number of installments; (c) The time in which the cost will be payable; (d) Repealed. (e) The extent of the district to be improved; (f) The probable cost per front foot or other unit basis which, in the judgment of the board, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer; (g) The time, not less than thirty days after the publication, when a resolution authorizing the improvements will be considered; (h) That said map and estimate and schedule showing the approximate amounts to be assessed and all resolutions and proceedings are on file and may be seen and examined by any person interested at the office of the county clerk and recorder or other designated place at any time within said period of thirty days; and (i) That all complaints and objections that may be made in writing concerning the proposed improvement by the owners of any real estate to be assessed will be heard and determined by the board before final action thereon. (7) The finding by resolution of the board that said improvements were duly ordered after notice duly given and after hearing duly held and that such proposal was properly initiated by the said board or that a petition was presented and that the petition was subscribed by the required number of owners shall be conclusive of the facts so stated in every court or other tribunal. (8) Any resolution or order in the premises may be modified, confirmed, or rescinded at any time prior to the passage of the resolution authorizing the improvements. (9) The specifications for paving may include sidewalks, curbs, gutters, and grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the board, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years; and the contract may be entered into in accordance therewith. (10) If, before any such improvements are made, any piece of real estate to be assessed already has an improvement conforming to the general plan or satisfactory to the board, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price. (11) Any other provision of this part 6 notwithstanding, the board may initiate an improvement district for the purpose of acquiring existing improvements of a character authorized by this part 6, in which case the provisions of section 30-20-601 concerning construction under the direction of county officers and the provisions of subsections (4) and (5) of this section concerning competitive bidding and preliminary plans and specifications shall not apply. Colorado Revised Statutes 2019 Page 267 of 433 Uncertified Printout (11.5) (a) Any other provision of this part 6 notwithstanding, the board may initiate an improvement district for the purpose of encouraging, accommodating, and financing improvements of a character authorized by paragraph (e) of subsection (1) of this section. Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the resolution of the board forming the district. The contract or agreement shall note the existence of any first priority mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 30-20-615 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the board shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district. The inclusion of such property within the district subsequent to the adoption of the resolution of the board forming the district may be made by the adoption of a supplemental or amending resolution of the board. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, subsections (4), (5), and (6) of this section concerning competitive bidding, preliminary plans and specifications, and notice, section 30-20-601 concerning construction under the direction of county officers, section 30-20-622 concerning contracts for construction, and section 30-20-623 concerning contract provisions do not apply. For such districts, the owner of property within a district may arrange improvements that qualify pursuant to the resolution of the board authorizing improvements for the district and may obtain financing for said improvements from the district through the process set forth in the resolution forming the district. (b) (I) Districts formed for the purposes authorized in paragraph (e) of subsection (1) of this section may cross county boundaries and include properties in multiple counties, whether such counties are contiguous or noncontiguous, if the boards of county commissioners of the affected counties have entered into an intergovernmental agreement or memorandum of understanding regarding the sharing of incremental costs attributable to the district's crossing of county boundaries, with such costs becoming part of the total assessment allocated to each participating landowner. (II) For any district that may include properties in other counties, the board shall notify the boards of county commissioners and the county treasurers of such counties, at least ten days in advance of the public meeting at which it will be discussed, of the potential inclusion of such properties. The originating board shall consider comments sent by such boards of county commissioners or county treasurers concerning the potential addition of properties from their counties if the comments have been received by the date of the public meeting. (III) If a municipality that has territory in multiple counties, one of which has created a district for the purposes authorized in paragraph (e) of subsection (1) of this section, desires to consent to the inclusion within such district of any of the properties within its entire incorporated boundary, the municipality shall expressly state in its ordinance granting consent that any property located in the municipality, irrespective of the county in which such property is located, may be included in the district. (12) The board is authorized to enter into contracts and agreements with any owner of property within the district or any other person concerning the construction or acquisition of Colorado Revised Statutes 2019 Page 268 of 433 Uncertified Printout improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district. (13) At or about the time of the adoption by the board of any resolution creating a district, a copy of such resolution shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The board shall make a good faith attempt to comply with this subsection (13), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 6. Source: L. 73: p. 484, § 1. C.R.S. 1963: § 36-30-3. L. 79: (1) amended, p. 1150, § 1, effective April 25. L. 83: (1) amended, p. 1235, § 1, effective March 22; (1) amended, p. 1245, § 3, effective July 1. L. 85: (1)(a), (2)(a), (5), and (6)(f) amended, (6)(d) repealed, and (11) added, pp. 1071, 1077, §§ 1, 14, effective May 24. L. 86: (2)(a), (3), (5), (6)(f), (6)(i), (7), and (9) to (11) amended and (12) added, p. 1052, § 17, effective July 1. L. 87: (5) and IP(6) amended, p. 1211, § 3, effective May 7. L. 90: (13) added, p. 1471, § 1, effective October 1. L. 99: (1)(c) added, p. 516, § 13, effective April 30. L. 2000: (1)(c) and (3)(a) amended and (1)(a.5) added, p. 1990, § 3, effective August 2. L. 2002: (1)(c) amended, p. 335, § 2, effective April 19; (1)(a) amended, p. 269, § 7, effective August 7. L. 2006: (1)(d) added, p. 347, § 2, effective August 7. L. 2007: (1)(a.5) amended, p. 833, § 2, effective May 14. L. 2008: (1)(e) and (11.5) added, p. 1296, §§ 10, 11, effective May 27. L. 2009: (1)(a) amended and (1)(f), (1)(g), and (1)(h) added, (HB 09-1217), ch. 251, p. 1125, § 1, effective August 5. L. 2010: (11.5) amended, (SB 10-100), ch. 207, p. 900, § 2, effective May 5. L. 2013: (1) (c) amended and (2.5) added, (HB 13-1036), ch. 182, p. 670, § 2, effective August 7. L. 2017: (1)(g) amended, (HB 17-1174), ch. 134, p. 449, § 1, effective August 9. Editor's note: Amendments to subsection (1) by House Bill 83-1163 and House Bill 831033 were harmonized. 30-20-604. Cost assessed in accordance with benefits. (1) Except for those improvements fully funded by the sales tax pursuant to section 30-20-604.5, the cost of improvements constructed or acquired pursuant to this part 6, or such part thereof as may be assessed against the property specially benefited, including the intersections of streets, may be assessed on property, without regard to lot or land lines, on a frontage, zone, or other equitable basis, in accordance with benefits, as the same may be determined by the board. (2) When the board determines that the improvement of any street or alley, including the intersections of streets and alleys, or any other improvement authorized by this part 6 results in special benefits to the county and the owners of property within the district, that portion of the cost of the improvement which results in a special benefit to the county may be assessed against the county and be payable in installments, as provided in this part 6. The determination by the board as to the property to be assessed and the amount of special benefits shall be conclusive of the facts stated therein. (3) No cost of improvements to streets or alleys shall be assessed to any property where reasonable access to the street or alley is denied the owner of the property. Colorado Revised Statutes 2019 Page 269 of 433 Uncertified Printout (4) Any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 30-20-603 (11.5) shall assess the costs of the improvements to each property whose owner has entered into a contract or agreement for the improvements. The contracts and agreements entered into with the owner of property, as authorized by the board, shall be conclusive regarding the special benefit to the property and the amount that may be assessed against the property. Source: L. 73: p. 486, § 1. C.R.S. 1963: § 36-30-4. L. 86: Entire section amended, p. 1055, § 18, effective July 1. L. 87: (1) amended, p. 1211, § 4, effective May 7. L. 2008: (4) added, p. 1296, § 12, effective May 27. 30-20-604.5. District sales tax. (1) The board of any county or of any city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado and that subsequently becomes a city and county for the purpose of funding all or a portion of the cost of any improvements constructed or transportation services provided pursuant to section 30-20-603 (1)(a), (1)(a.5), and (1)(c), may levy a sales tax throughout the district upon every transaction or other incident with respect to which a sales tax is authorized pursuant to section 29-2-105; except that such tax may be levied only upon those transactions specified in section 39-26-104 (1)(a), (1)(b), (1)(e), and (1)(f). The board may, in its discretion, levy or continue to levy a sales tax on the sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources as specified in section 39-26-719 (1). (2) (a) The tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S. The department of revenue shall retain an amount not to exceed the net incremental cost of such collection, administration, and enforcement and shall transmit such amount to the state treasurer, who shall credit the same to the districtwide sales tax fund, which fund is hereby created; except that in no event shall: (I) Any district formed prior to or on July 1, 1993, pay in any given fiscal year commencing on or after July 1, 1994, more than an amount equal to the amount paid by the district in the 1993-94 fiscal year, as adjusted in accordance with changes in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area; (II) Any district formed after July 1, 1993, pay in any given fiscal year commencing after the first full fiscal year of operation more than an amount equal to the amount paid by the district in the first full fiscal year of operation, as adjusted in accordance with changes in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area. (a.5) (I) A qualified purchaser may provide a direct payment permit number issued pursuant to section 39-26-103.5, C.R.S., to any vendor or retailer that is liable and responsible for collecting and remitting any district sales tax imposed on any sale made to the qualified purchaser pursuant to the provisions of this section. A vendor or retailer who has received in good faith from a qualified purchaser a direct payment permit number shall not be liable or responsible for collection and remittance of any sales tax imposed on such sale that is paid for directly from such qualified purchaser's funds and not the personal funds of any individual. (II) A qualified purchaser that provides a direct payment permit number to a vendor or retailer shall be liable and responsible for the amount of sales tax imposed on any sale made to Colorado Revised Statutes 2019 Page 270 of 433 Uncertified Printout the qualified purchaser pursuant to this section in the same manner as liability would be imposed on a qualified purchaser for state sales tax pursuant to section 39-26-105 (3), C.R.S. (b) The general assembly shall appropriate annually from the districtwide sales tax fund to the department of revenue the amount necessary for the department's collection, administration, and enforcement of the districtwide sales tax. Any moneys remaining in said fund attributable to districtwide sales taxes collected in the prior fiscal year shall be transmitted to the county which established the district for which a districtwide sales tax has been levied; except that, prior to the transmission to the county of such moneys, any moneys appropriated from the general fund to the department of revenue for collection, administration, and enforcement of a districtwide sales tax shall be repaid. (3) The tax authorized by this section shall not exceed one percent. (4) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), a proposal for a districtwide sales tax shall be referred to the registered electors of the county who reside within the boundaries of the district, either by resolution of the board or by petition initiated and signed by five percent of the registered electors who reside within the boundaries of the district. (II) In a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, a proposal for a districtwide sales tax shall be referred to the electors of the district, either by resolution of the board or by petition initiated and signed by five percent of the electors of the district. (b) Such proposal shall contain a description of the proposed tax, including its purposes, and shall state the amount of tax to be imposed. (c) (I) Any election held under this section shall conform to the requirements of section 20 of article X of the Colorado constitution. (II) (A) Except as provided in sub-subparagraph (B) of this subparagraph (II), upon its being presented with a petition requesting a proposal for such sales tax, the board, upon certification of the signatures on the petition, shall submit such proposal to the registered electors residing within the district. (B) In a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, the board, after being presented with a petition requesting a proposal for such sales tax and upon certification of the signatures on the petition, shall submit such proposal to the electors of the district. (d) (Deleted by amendment, L. 99, p. 516, § 14, effective April 30, 1999.) (e) (I) (A) Except as provided in sub-subparagraph (B) of this subparagraph (I), if approved by a majority of the registered electors voting thereon, the sales tax shall become effective as provided in section 29-2-106 (2), C.R.S. (B) In a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, if the proposal is approved by a majority of the electors of the district voting thereon, the sales tax shall become effective as provided in section 29-2-106 (2), C.R.S. (II) (Deleted by amendment, L. 99, p. 516, § 14, effective April 30, 1999.) (5) (a) Except as provided in paragraph (b) of this subsection (5), all revenue collected from such sales tax, except the amounts retained under subsection (2) of this section, shall be Colorado Revised Statutes 2019 Page 271 of 433 Uncertified Printout credited to a special fund designated as the sales tax street improvement fund, such designation to include the name or description of the district. The fund shall be used only to pay the costs of the district improvements authorized by section 30-20-603 (1)(a) and (1)(c), the costs of debt service on bonds issued pursuant to section 30-20-619 (4), if any, or both of such costs. (b) In a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, all revenue collected from such sales tax, except the amounts retained under subsection (2) of this section, shall be credited to a special fund designated as the sales tax street improvement fund, such designation to include the name or description of the district. The fund shall be used only to pay the costs of the district improvements and transportation services authorized by section 30-20-603 (1)(a.5) and (1)(c), the costs of debt service on bonds issued pursuant to section 30-20-619 (4), if any, the costs of operations, maintenance, and replacement, and the costs of organization of the district. (6) (a) When the total cost of the improvements constructed pursuant to section 30-20603 (1)(a), including the cost of all debt service thereon, if any, has been paid, the board shall cease to levy and collect the sales tax originally imposed pursuant to this section and shall repeal the ordinance authorizing such tax. (b) Notwithstanding paragraph (a) of this subsection (6), if an improvement includes the use of sales tax for the improvement's operation or maintenance, the board shall continue to levy and collect the sales tax as specified in the resolution authorizing such tax. (7) (a) Notwithstanding the provisions of section 30-20-602 (2), if any territory within a district is annexed by or incorporated into a municipality and revenue bonds have been issued pursuant to section 30-20-619 (4) prior to the date of such annexation or incorporation, the levy of the sales tax authorized by this section shall continue in such annexed or incorporated territory until the later of: (I) The date upon which no bonds remain outstanding, whether issued before, on, or after the date of annexation or incorporation, so long as such bonds are refunding bonds or such bonds are issued for improvements which were authorized as of the date of annexation or incorporation; or (II) The date of completion of all improvements which were authorized for such district as of the date of annexation or incorporation. (b) The provisions of this subsection (7), as amended, shall apply to any territory within a district which has been annexed by or incorporated into a municipality, regardless of the date of annexation or incorporation. (8) Notwithstanding subsection (7) of this section, that portion of the sales tax authorized by this section that is used for the operation or maintenance of improvements constructed pursuant to section 30-20-603 (1) shall not apply to any territory within a district that has been annexed by or incorporated into a municipality. (9) The board may appoint an independent board of directors to perform the functions of the board under this part 6 in a district providing transportation services and improvements in accordance with the terms of the resolution or ordinance establishing the district. (10) Notwithstanding any other provision of law, the provisions of this part 6 relating to the assessment of local improvement costs upon the property in a district that benefits from such improvements shall not apply to any district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state Colorado Revised Statutes 2019 Page 272 of 433 Uncertified Printout constitution that has been approved by the registered electors of the state of Colorado and that levies a sales tax pursuant to this section to fund local improvements authorized by section 3020-603 (1)(a.5) and (1)(c). Source: L. 87: Entire section added, p. 1211, § 5, effective May 7. L. 92: (7) amended, p. 962, § 1, effective May 20. L. 94: (2) amended, p. 318, § 3, effective March 29. L. 99: (1), (4), (5), and (6) amended and (8) added, p. 516, § 14, effective April 30; (1) amended, p. 983, § 9, effective May 28; (2)(a.5) added, p. 14, § 6, effective January 1, 2000. L. 2000: (1), (4)(a), (4)(c)(II), (4)(e)(I), and (5) amended and (9) and (10) added, p. 1991, § 4, effective August 2. L. 2004: (1) amended, p. 1039, § 5, effective July 1. L. 2007: (3) amended, p. 1460, § 2, effective August 3. L. 2008: (3) amended, p. 992, § 11, effective August 5. L. 2010: (1) amended, (HB 10-1243), ch. 385, p. 1802, § 1, effective August 11. L. 2013: (1) amended, (HB 13-1295), ch. 314, p. 1655, § 11, effective July 1, 2014. L. 2019: (1) amended, (HB 19-1240), ch. 264, p. 2502, § 10, effective June 1. Editor's note: Amendments to subsection (1) by House Bill 99-1159 and House Bill 991271 were harmonized. Cross references: For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 314, Session Laws of Colorado 2013. 30-20-605. Property of irregular form - assessment. Whenever any lot or parcel of land is V-shaped or of any irregular form, such allowance may be made by resolution in any assessment as may be equitable and just, or any allowance may be refused, and, in case of any unusual area or proportion of intersections, the county may pay not exceeding one-half of the cost of any such intersection, and in such case the remainder only shall be assessed against the property improved. Source: L. 73: p. 486, § 1. C.R.S. 1963: § 36-30-5. 30-20-606. Determination of special benefits - factors considered. (1) The term "benefit", for the purposes of assessing a particular property within an improvement district, particularly with respect to drainage improvements to carry off surface waters, includes, but is not limited to, the following: (a) Any increase in the market value of the property; (b) The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable; (c) Any adaptability of property to a superior or more profitable use; (d) Any alleviation of health and sanitation hazards accruing to particular property or accruing to public property in the improvement district if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district; Colorado Revised Statutes 2019 Page 273 of 433 Uncertified Printout (e) Any reduction in the maintenance costs of particular property or accruing to public property in the improvement district if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district; (f) Any increase in convenience or reduction in inconvenience accruing to particular property owners, including the facilitation of access to and travel over streets, roads, and highways; (g) Recreational improvements accruing to particular property owners as a direct result of drainage improvement. (2) As used in connection with any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 30-20-603 (11.5), the term "benefit" shall include, but not be limited to, any acknowledged value set forth in the contracts and agreements entered into by the owner of the assessed property. Source: L. 75: Entire section added, p. 997, § 2, effective July 1. L. 2008: (2) added, p. 1297, § 13, effective May 27. Editor's note: This section was originally numbered as § 30-20-605.5 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-607. Statement of expenses - apportionment. Upon completion of any local improvement or upon completion from time to time of any part thereof and upon acceptance thereof by the board or whenever the total cost of any improvement or of any such part thereof can be reasonably ascertained either prior to, during, or subsequent to the construction of the improvements, the board shall cause to be prepared a statement showing the whole cost of the improvement, including costs of inspection and collection, capitalized interest on any bonds issued for such period as the board may deem necessary, capitalized bond reserves, and all other incidental costs, the portion thereof, if any, to be paid by assessments, the portion thereof, if any, to be paid through the sales tax imposed pursuant to section 30-20-604.5, the portion thereof, if any, to be paid by the county, and the portion thereof to be assessed upon each lot or tract of land to be assessed for the same, which statement shall be filed in the office of the county clerk and recorder. If the board should deem the basis of assessment to be inequitable in any case, a just and equitable assessment shall be made upon the basis of benefits accruing to any property assessed by reason of the improvements made. Source: L. 73: p. 486, § 1. C.R.S. 1963: § 36-30-6. L. 85: Entire section amended, p. 1073, § 2, effective May 24. L. 86: Entire section amended, p. 1058, § 27, effective July 1. L. 87: Entire section amended, p. 1213, § 6, effective May 7. Editor's note: This section was originally numbered as § 30-20-606 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-608. Notice of apportionment. (1) Upon receipt of the statement filed pursuant to section 30-20-607, the county clerk and recorder shall notify, by advertisement once in some newspaper of general circulation in said county, the owners of any property to be assessed that said improvements have been, or are about to be, completed and accepted, therein specifying: Colorado Revised Statutes 2019 Page 274 of 433 Uncertified Printout (a) The whole cost of the improvement; (b) The portion, if any, to be paid by such county and the portion, if any, to be paid from a districtwide sales tax; (c) The share, if any, apportioned to each lot or tract of land; (d) That any complaints or objections which may be made in writing by the owners to the board of county commissioners, and filed in the office of the clerk within twenty days from the publication of such notice, will be heard and determined by the said board before the passage of any resolution assessing the cost of said improvements; and (e) The date when and place where such complaints or objections will be heard. (2) Any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 30-20-603 (11.5) shall not be required to provide a notice of apportionment by publication; rather, such notice, if any, may be provided in the time and manner set forth in the contract or agreement entered into for each property included in the district. Source: L. 73: p. 486, § 1. C.R.S. 1963: § 36-30-7. L. 87: IP(1), (1)(b), and (1)(c) amended, p. 1213, § 7, effective May 7. L. 2008: (2) added, p. 1297, § 14, effective May 27. Editor's note: This section was originally numbered as § 30-20-607 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-609. Hearing on objections. Except for a district formed for the purposes authorized in section 30-20-603 (11.5), at the time specified in the notice required pursuant to section 30-20-608 (1) or at some adjourned time, the board shall hear and determine all such complaints and objections and may make such modifications and changes as may seem equitable and just or may confirm the first apportionment. The board shall, by resolution, assess the cost of the improvements, and the passage of the resolution shall be prima facie evidence of the fact that the property assessed is benefited in the amount of the assessments and that the assessments have been lawfully levied. Source: L. 73: p. 487, § 1. C.R.S. 1963: § 36-30-8. L. 86: Entire section amended, p. 1058, § 28, effective July 1. L. 2010: Entire section amended, (SB 10-100), ch. 207, p. 902, § 3, effective May 5. Editor's note: This section was originally numbered as § 30-20-608 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-610. Assessment constitutes a lien - filing with county clerk and recorder corrections. (1) All assessments made in pursuance of this part 6, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same shall constitute, from the effective date of the assessing resolution, a perpetual lien in the several amounts assessed against each lot or tract of land and shall have priority over all other liens excepting general tax liens. As to any subdivisions of any land assessed in pursuance of this part 6, the assessment lien may be apportioned by the board in such manner, if any, as may be provided in the assessing resolution. Colorado Revised Statutes 2019 Page 275 of 433 Uncertified Printout (2) The county clerk and recorder shall file with his office copies of the assessing resolution after its final adoption by the board for recording on the land records of each lot or tract of land assessed within the county, as provided in article 30, article 35, or article 36 of title 38, C.R.S. In addition, the county clerk and recorder shall file copies of such assessing resolution after its final adoption by the board with the county assessor and the county treasurer. The county assessor is authorized to create separate schedules for each lot or tract of land assessed within the county pursuant to such resolution. (3) No delays, mistakes, errors, or irregularities in any act or proceeding authorized or required by this part 6 shall prejudice or invalidate any final assessment; but the same may be remedied by subsequent filings, amending acts, or proceedings, as the case may require. When so remedied, the same shall take effect as of the date of the original filing, act, or proceeding. If in any court of competent jurisdiction any final assessment made in pursuance of this part 6 is set aside or if for any other reason the board determines it to be necessary to alter any final assessment made pursuant to this part 6, the board, upon notice as required in the making of an original assessment, may make a new assessment in accordance with the provisions of this part 6. (4) To provide for unanticipated increases in the costs of improvements, the amount of any assessment imposed before the completion of the related improvements may be increased to a total amount not in excess of the special benefit conferred upon the affected property if, not more than ninety days following the completion of such improvements, the board gives notice of its intent to consider the amendment of such assessment, stating the time and place that a public hearing shall be held thereon, and holds such public hearing, in the same manner as provided for hearings held pursuant to sections 30-20-608 and 30-20-609. At the conclusion of such public hearing, the board may determine whether to amend one or more assessments within a district. Any such amendment shall take effect as of the date of the original assessment. (5) If, as the result of any subdivision, resubdivision, vacation of right-of-way, or other action taken subsequent to the adoption of the assessment resolution, any new lot or parcel is created within a district, the board may, without a public hearing and with the consent of the owner of the new lot or parcel, modify the assessment resolution to reapportion all or any part of the total amount assessed in the district to such new lot or parcel. Source: L. 73: p. 487, § 1. C.R.S. 1963: § 36-30-9. L. 85: Entire section amended, p. 1073, § 3, effective May 24. L. 86: Entire section amended, p. 1056, § 20, effective July 1. L. 88: (2) amended, p. 1432, § 17, effective June 11. L. 90: (2) and (3) amended, p. 1471, § 2, effective October 1. L. 2008: (4) and (5) added, p. 1297, § 15, effective May 27. Editor's note: This section was originally numbered as § 30-20-609 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-611. Assessment roll. The county clerk and recorder, or such other officer or agent of the county as may be directed by the board in the preliminary order, shall prepare a local assessment roll in book form showing, in suitable columns, each piece of land assessed, the total amount of assessment, the amount of each installment of principal and interest if, in pursuance of this part 6, the same is payable in installments, and the date when each installment will become due, with suitable columns for use, in case of payment of the whole amount or of Colorado Revised Statutes 2019 Page 276 of 433 Uncertified Printout any installment or penalty, and he shall deliver the same, duly certified, under the county seal, to the county treasurer for collection. Source: L. 73: p. 487, § 1. C.R.S. 1963: § 36-30-10. L. 85: Entire section amended, p. 1073, § 4, effective May 24. L. 86: Entire section amended, p. 1059, § 29, effective July 1. Editor's note: This section was originally numbered as § 30-20-610 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-612. When assessments payable - installments. All special assessments for local improvements shall be due and payable within thirty days after the effective date of the assessing resolution without demand, but all such assessments may be paid, at the election of the owner, in installments with interest as provided in section 30-20-614. All special assessments for local improvements authorized in section 30-20-603 (11.5) may be due and payable at such alternate time or times as set forth in the assessing resolution. Source: L. 73: p. 487, § 1. C.R.S. 1963: § 36-30-11. L. 75: (2) repealed, p. 1000, § 1, effective June 16. L. 2008: Entire section amended, p. 1298, § 16, effective May 27. Editor's note: This section was originally numbered as § 30-20-611 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-613. Effect of payment in installments. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held to be an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. All persons so electing to pay in installments shall be conclusively held and considered as consenting to said improvements. Such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the county to construct the improvements, the quality of the work, the regularity or sufficiency of the proceedings, the validity or the correctness of the assessments, or the validity of the lien thereof; except that, with respect to local improvements authorized in section 30-20-603 (11.5), the owner for each property included in the district shall retain all rights otherwise existing by contract or by law against parties other than the county with respect to the financed energy efficiency improvement or renewable energy improvement. Source: L. 73: p. 488, § 1. C.R.S. 1963: § 36-30-12. L. 2008: Entire section amended, p. 1298, § 17, effective May 27. Editor's note: This section was originally numbered as § 30-20-612 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-614. How installments paid - interest. In case of such election to pay in installments, the assessments shall be payable in two or more installments of principal, the first of which installments shall be payable as prescribed by the board in not more than five years and the last in not more than twenty years, with interest in all cases on the unpaid principal. The Colorado Revised Statutes 2019 Page 277 of 433 Uncertified Printout number and amounts of payment of installments, the period of payment, and the rate and times of payment of interest shall be determined by the board and set forth in the assessing resolution. The times of payment of installments shall be the same as the times of payment for installments of property taxes as specified in section 39-10-104.5 (2), C.R.S.; except that all special assessments for local improvements authorized in section 30-20-603 (11.5) may be payable at such alternate times as provided by the board in the assessing resolution and the board may enter into agreements with third parties to assist the treasurer with the administration and collection of such installments. Source: L. 73: p. 488, § 1. C.R.S. 1963: § 36-30-13. L. 85: Entire section amended, p. 1074, § 5, effective May 24. L. 86: Entire section amended, p. 1059, § 30, effective July 1. L. 90: Entire section amended, p. 1472, § 3, effective October 1. L. 92: Entire section amended, p. 2184, § 63, effective June 2. L. 2008: Entire section amended, p. 1298, § 18, effective May 27. Editor's note: This section was originally numbered as § 30-20-613 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-615. Penalty for default - payment of balance. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and collectible immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate established pursuant to section 5-12-106 (2) and (3), C.R.S., until the day of sale; but, at any time prior to the day of sale, the owner may pay the amount of all unpaid installments, with interest at the penalty rate set by the assessing resolution, and all costs of collection accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with the interest accruing to the maturity of the next installment of interest or principal; except that any owner who pays the whole of the unpaid balance pursuant to this section may be assessed a prepayment premium not to exceed three percent of the unpaid principal, the amount of which premium shall be specified in the resolution imposing the assessment. Source: L. 73: p. 488, § 1. C.R.S. 1963: § 36-30-14. L. 85: Entire section amended, p. 1074, § 6, effective May 24. L. 86: Entire section amended, p. 1056, § 21, effective July 1. L. 2002: Entire section amended, p. 269, § 8, effective August 7. Editor's note: This section was originally numbered as § 30-20-614 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-616. Payment in full - assessment roll returned - payment of share. (1) Except for a district formed for the purposes authorized in section 30-20-603 (11.5), as to which the assessments shall be paid pursuant to the contracts and agreements entered into by the owner of the assessed property, payment may be made to the county treasurer at any time within thirty days after the effective date of the assessing resolution. At the expiration of said thirty-day period, the county treasurer shall return the local assessment roll to the county clerk and Colorado Revised Statutes 2019 Page 278 of 433 Uncertified Printout recorder, therein showing all payments made thereon, with the date of each payment. The county clerk and recorder shall certify the roll under the seal of the county and deliver it to the county treasurer, with the clerk's warrant for the collection of the same. The county treasurer shall provide a receipt for the roll, and all such rolls shall be numbered for convenient reference. (2) The owner of any divided or undivided interest in the property assessed may pay his share of any assessment, upon producing evidence of the extent of his interest, satisfactory to the treasurer having the roll in charge; but the assessment lien shall remain on the entire property assessed until the entire assessment is paid, except as otherwise provided pursuant to section 3020-610. Source: L. 73: p. 488, § 1. C.R.S. 1963: § 36-30-15. L. 77: (1) amended, p. 1450, § 1, effective July 1. L. 85: (2) amended, p. 1074, § 7, effective May 24. L. 2010: (1) amended, (SB 10-100), ch. 207, p. 902, § 4, effective May 5. Editor's note: This section was originally numbered as § 30-20-615 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-617. Sale of property for nonpayment - county may purchase property on default. (1) In case of default in the payment of any installment of principal or interest when due, the county treasurer shall advertise and sell all property concerning which such default is suffered for the payment of the whole of the unpaid assessments thereon. Said advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate in default of payment of the general property tax. (2) At any sale by the county treasurer of any property for the purpose of paying any special assessment for local improvements made under the provisions of this part 6 in the district, the county treasurer, having written authority from the board, may purchase any such property without paying for the same in cash and shall receive certificates of purchase therefor in the name of the county. The certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessments in pursuance of which the sale was made. The certificates may thereafter be sold by the county treasurer at their face value, with all interest and penalties accrued, and assigned by him to the purchaser in the name of the county. The proceeds of such sale shall be credited to the fund created by resolution for the payment of such assessments respectively. In the event that all bonded indebtedness incurred in payment for said local improvements has been discharged in full, said certificates may be sold by the board for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as is provided in subsection (4) of this section. The proceeds shall be credited to the general fund of said county. Such assignments shall be without recourse, and the sale and assignments shall operate as a lien in favor of the purchaser and assignee as is provided by law in the case of sale of real estate in default of payment of the general property tax. (3) Any county as such purchaser has the right to apply for tax deeds on such certificates of purchase at any time after three years from the date of issuance of said certificates, and such deeds shall be issued as provided by law for issuance of tax deeds for the nonpayment of the general property tax. Colorado Revised Statutes 2019 Page 279 of 433 Uncertified Printout (4) Cumulatively with all other remedies, any county which is the owner of property by virtue of a tax deed, or is the owner of property otherwise acquired, in satisfaction or discharge of the liens represented by such certificates of sale, may sell such property for the best price obtainable at public sale, at auction, or by sealed bids. Such sales shall be after public notice by the county treasurer or the county clerk and recorder to all persons having or claiming any interest in the property to be sold or in the proceeds of such sale by publication of such notice three times, a week apart, in a weekly or daily newspaper of general circulation within the county in which the property is located. Such notice shall describe the property and state the time, place, and manner of receiving bids; except that the time fixed for the sale shall not be less than ten days after the last publication. The county may reject any and all bids. Any interested party, at any time within ten days after the receipt of bids for the sale of property, may file with the county a written protest as to the sufficiency of the amount of any bid made or the validity of the proceedings for the sale. If the protest is denied, such person, within ten days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the county from completing the sale. If no such action is commenced, all protests or objections to the sale shall be waived, and the county shall then convey the property to the successful bidder by quitclaim deed. (5) In addition to all other remedies, any county which is a holder of certificates of purchase may bring a civil action for foreclosure thereof in accordance with article 38 of title 38, C.R.S., joining as defendants all persons holding record title, persons occupying or in possession of the property, persons having or claiming any interest in the property or in the proceeds of foreclosure sale, all governmental taxing units having taxes or other claims against said property, and all unknown persons having or claiming any interest in said property. Any number of certificates may be foreclosed in the same proceeding. In such proceeding the county, as plaintiff, is entitled to all relief provided by law in actions for an adjudication of rights with respect to real property, including actions to quiet title. (6) The proceeds of any such sale of property shall be credited to the appropriate special assessment fund. The county shall deduct therefrom the necessary expenses in securing deeds and taking proceedings for the sale or foreclosure. (7) When any county has sold or conveyed at a fair market value certificates of purchase or property which it has acquired in satisfaction or discharge of special assessment liens, such sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in such property or the proceeds of such sale. (8) It is hereby declared that the purpose of this section is to restore delinquent property to the tax rolls and to realize the greatest possible amount from such property for the benefit of all persons and taxing bodies having liens thereon. Source: L. 73: p. 489, § 1. C.R.S. 1963: § 36-30-16. L. 81: Entire section amended, p. 1613, § 11, effective July 1. L. 83: Entire section amended, p. 1247, § 1, effective June 19. L. 86: (2) amended, p. 1059, § 31, effective July 1. L. 93: (5) amended, p. 81, § 2, effective March 26. Editor's note: This section was originally numbered as § 30-20-616 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. Colorado Revised Statutes 2019 Page 280 of 433 Uncertified Printout Cross references: For foreclosure proceedings by municipal corporations or taxing districts, see part 11 of article 25 of title 31; for sale of real estate in default of payment of the general property tax, see article 11 of title 39. 30-20-618. Power of board to contract debt - question submitted to voters. The board shall have power to contract an indebtedness on behalf of the county, and upon the credit thereof, by borrowing money or issuing the negotiable interest-bearing bonds of the county for the purpose of providing a fund to pay such part of the cost of improvements authorized by this part 6 as may be determined by the board, subject, however, to constitutional limitations. No such debt shall be created for such purposes unless the question of incurring the same, including the question of the maximum net effective interest rate, shall be submitted at a special election, which election shall be called and conducted, the votes canvassed, and the result declared in the same manner as other county elections on questions of incurring bonded indebtedness. Source: L. 73: p. 489, § 1. C.R.S. 1963: § 36-30-17. L. 86: Entire section amended, p. 1060, § 32, effective July 1. Editor's note: This section was originally numbered as § 30-20-617 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-619. Issuing bonds - property specially benefited. (1) For the purpose of paying all or such portion of the cost of any improvement constructed or acquired under the provisions of this part 6 as may be assessed against the property specially benefited and not paid by the sales tax authorized by section 30-20-604.5 or by the county, special assessment bonds of the county may be issued, of such date, in such form, and on such terms, including, without limitation, provisions for their sale, payment, and redemption, as may be prescribed by the board, bearing the name of the street or district improved and payable in a sufficient period of years after such date to cover the period of payment provided, and in convenient denominations. All such bonds shall be issued upon estimates approved by the board, and the county treasurer shall preserve a record of the same in a suitable book kept for that purpose. All such bonds shall be subscribed by the chair of the board, countersigned by the county treasurer, with the county seal affixed, and attested by the county clerk and recorder; except that the county treasurer need not countersign a bond issued by a district formed for the purposes authorized in section 30-20603 (11.5). Such bonds shall be payable out of the moneys collected on account of the assessments made for said improvements, from reserve accounts, if any, established to secure the payment of such bonds, and from any other legally available moneys. All moneys collected from such assessments for any improvement shall be applied to the payment of the bonds issued, until payment in full is made of all the bonds, both principal and interest, or to fund or replenish reserve accounts, if any, established to secure the payment of such bonds. The bonds may be sold, under such terms and conditions as are established by the board, in such amounts as will be sufficient to pay for the cost of the improvements. (2) Whenever three-fourths of the bonds issued pursuant to subsection (1) of this section for an improvement constructed under this part 6 have been paid and cancelled and for any reason any remaining assessments are not paid in time to pay the remaining bonds for the district and the interest due thereon, the county may pay, from legally available moneys, the bonds when Colorado Revised Statutes 2019 Page 281 of 433 Uncertified Printout due and the interest due thereon and may reimburse itself by collecting the unpaid assessments due the district. (3) When all bonds of an improvement district have been paid, any moneys remaining to the credit of such district may be transferred to a special surplus and deficiency fund, and whenever there is a deficiency in any improvement district bond fund to meet the payment of outstanding bonds for other improvement districts and interest due thereon, or to redeem such outstanding bonds in accordance with any estimated redemption schedule used in connection with the sale of such bonds, the deficiency may be paid from the moneys available therefor in the surplus and deficiency fund. (4) For the purpose of paying all or such portion of the costs of any improvement constructed pursuant to section 30-20-603 (1)(a) and (1)(c) to which the revenues from any sales tax imposed pursuant to section 30-20-604.5 have been pledged, revenue bonds may be issued, which shall be payable solely from such sales tax. Such bonds shall be issued on the terms set forth in section 29-2-112, C.R.S. (5) In connection with the issuance of bonds payable solely from special assessments as provided in subsection (1) of this section, the board may provide by resolution for the submission of the question of issuing such bonds to the electors eligible to vote on the question. In that case, the board may provide by resolution that all registered electors of the county shall be eligible to vote on the question or that only electors of the district shall be eligible to vote on the question. (6) In connection with the issuance of bonds payable from special assessments which are additionally secured as provided in subsection (2), (3), or (4) of this section, the board may provide by resolution for the submission of the question of issuing the bonds to all registered electors of the county. (7) Notwithstanding any other provision of this part 6, bonds issued in accordance with the requirements of this section may be payable from the assessments levied in one or more improvement districts. (8) Notwithstanding any other provision of this part 6, any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 30-20-603 (11.5) may be authorized to: (a) Issue one or more series of bonds, and bonds of any such district may be payable from the assessments levied pursuant to one or more assessment resolutions; and (b) Jointly finance the improvements of multiple such districts located in one or more counties by intergovernmental agreement of the organizing counties or through other legally available means. Such intergovernmental agreement may include provisions for, among other things, the transfer of revenues collected pursuant to this part 6, including assessment payments, penalty payments pursuant to section 30-20-615, and property sale proceeds pursuant to section 30-20-617, from the county treasurer of the county in which a property is located to the county treasurer for the county issuing bonds pursuant to this section. Source: L. 73: p. 489, § 1. C.R.S. 1963: § 36-30-18. L. 83: Entire section amended, p. 1245, § 2, effective March 22. L. 85: (1) amended and (3) added, p. 1075, § 8, effective May 24. L. 86: (1) amended, p. 1060, § 33, effective July 1. L. 87: (1) and (2) amended and (4) added, p. 1214, § 8, effective May 7. L. 94: (5) and (6) added, p. 1190, § 85, effective July 1. L. 99: (4) and (5) amended, p. 518, § 15, effective April 30. L. 2002: (1) amended and (7) added, p. 270, § Colorado Revised Statutes 2019 Page 282 of 433 Uncertified Printout 9, effective August 7. L. 2008: (1) and(2) amended and (8) added, p. 1298, § 19, effective May 27. L. 2010: (1) and (8) amended, (SB 10-100), ch. 207, p. 902, § 5, effective May 5. Editor's note: This section was originally numbered as § 30-20-618 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-619.5. Issuing refunding bonds. (1) The board may issue one or more series of bonds to refund all or any portion of the outstanding bonds issued by one or more improvement districts pursuant to section 30-20-619. Any such bonds shall be issued in accordance with the provisions of article 56 of title 11, C.R.S. In such case, for purposes of complying with the requirements of article 56 of title 11, C.R.S., any bonds issued to refund all or any portion of the outstanding bonds of one or more improvement districts shall be deemed to be revenue bonds, the refunded bonds shall be deemed to be revenue obligations, and the assessments shall be deemed to be revenue. (2) Any bonds issued pursuant to this section may refund all or any portion of the outstanding bonds of one or more improvement districts and may be secured by a combination of assessments levied on all or a specifically identified portion of the assessed property located within such districts. (3) Two or more series of bonds may be issued to refund the outstanding bonds of one or more districts, and each series may be secured by assessments levied on different portions of the assessed property located within the districts that have outstanding bonds. (4) Except as otherwise provided in subsection (5) or (6) of this section, in connection with the issuance of refunding bonds pursuant to this section, the board may amend the resolution imposing the assessment to modify all or any portion of the following terms describing the assessment as specified in the resolution: (a) The rate of interest the board charges on unpaid installments; (b) Any penalty for prepayment of an assessment; (c) The principal balance due and owing on the assessment; (d) The dates upon which unpaid assessments are due; (e) The number of years over which unpaid assessments are due; or (f) Any other term specified in the resolution as necessary to make the resolution conform to the requirements of this section. (5) Before the board may amend the resolution imposing the assessment to increase the amount of principal and interest due and owing under the assessment, the number of years over which unpaid assessments are due, or the amount of any unpaid assessments, the board shall: (a) Obtain consent in writing to the amendment to the resolution from the owner of each tract of land that would be affected by the amendment; or (b) (I) Set a place and time, not less than twenty days nor more than forty days after the date of such setting, for a hearing on the proposed amendment. (II) Thereupon, the clerk of the board shall cause notice by publication to be made of the pendency of the proposed amendment, a summary of the terms of such amendment as described in subsection (4) of this section, and of the time and place of the hearing on the proposed amendment. (III) All complaints and objections made in writing concerning the proposed amendment by the owners of any property in the district shall be heard and determined by the board before Colorado Revised Statutes 2019 Page 283 of 433 Uncertified Printout final action is taken. If the owners of the tracts upon which more than one-half of the affected assessments, measured by the unpaid assessment balance, submit written protests to the amendment to the board on or before the date specified in the notice, the board shall not adopt the proposed amendment. Any proposed amendment may be modified, confirmed, or rescinded prior to passage of the resolution authorized under subsection (4) of this section. (6) Notwithstanding any other provision of law, in order either to issue refunding bonds or to amend a resolution of the board imposing an assessment pursuant to this section, the board shall make written findings that: (a) The obligation of the county shall not be materially or adversely impaired with respect to any outstanding bond secured by the assessments; and (b) The principal balance of any assessment shall not increase to an amount such that the aggregate amount that is assessed against any one particular tract of land exceeds the maximum benefit to the tract that is estimated to result from the project that is financed by the assessment and refunding of the outstanding bonds. Source: L. 2002: Entire section added, p. 270, § 10, effective August 7. 30-20-620. Bonds negotiable - interest. All bonds issued pursuant to section 30-20-619 (1) and (2) shall be negotiable in form and shall bear such interest as may be fixed by the board, not exceeding a maximum net effective interest rate specified by the board, prior to the use of said bonds in payment for improvements or the sale thereof. Source: L. 73: p. 489, § 1. C.R.S. 1963: § 36-30-19. L. 85: Entire section amended, p. 1075, § 9, effective May 24. L. 86: Entire section amended, p. 1060, § 34, effective July 1. L. 87: Entire section amended, p. 1214, § 9, effective May 7. Editor's note: This section was originally numbered as § 30-20-619 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-621. Manner of redemption. (Repealed) Source: L. 73: p. 489, § 1. C.R.S. 1963: § 36-30-20. L. 85: Entire section amended, p. 1075, § 10, effective July 1. L. 86: Entire section amended, p. 1057, § 23, effective May 24. L. 2002: Entire section repealed, p. 278, § 22, effective August 7. Editor's note: This section was originally numbered as § 30-20-620 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-622. Contracts for construction - bond - default. (1) Except as provided in this section, all local improvements made under the provisions of this part 6 shall be constructed by independent contract, and all contracts shall be let by the board. All such contracts shall be let to the lowest reliable and responsible bidder, after public advertisement once in a newspaper of general circulation in such county; except that after such advertisement, if it be determined by the board that the bids are too high or that the proposed improvement can be made by the county for less than the bid of the lowest reliable and responsible bidder, such county is empowered to Colorado Revised Statutes 2019 Page 284 of 433 Uncertified Printout provide for doing the work by hiring labor by the day or otherwise and to arrange for purchasing necessary material, all under the supervision of the board. (2) Except when the county does the work, no contract shall be made without a surety bond for its faithful performance, with sufficient sureties, to be approved by the board. No surety shall be accepted or approved by the board other than a corporate surety company, unless he is the owner of real estate in this state, free and clear of all encumbrances, in double the amount of his liability on all bonds upon which he may then be surety. Upon default in the performance of any contract, the board may advertise and relet the remainder of the work in like manner, without further resolution, and deduct the cost from the original contract price or, with the approval of the board, advance any excess out of the funds of the county and recover the same by suit on the original bond. In all advertisements the right shall be reserved to reject any or all bids, and, upon rejecting all bids, if deemed advisable by the board, other bids may be advertised for. (3) Notwithstanding the provisions of subsection (1) of this section and the provisions of section 24-92-104 (3), C.R.S., all construction contracts for any improvements funded in whole or in part by the district sales tax authorized by section 30-20-604.5 or by revenue bonds issued pursuant to section 30-20-619 (4) shall be awarded by competitive sealed bidding pursuant to the procedures set forth in article 92 of title 24, C.R.S. Source: L. 73: p. 490, § 1. C.R.S. 1963: § 36-30-21. L. 85: (1) amended, p. 1076, § 11, effective May 24. L. 86: Entire section amended, p. 1061, § 35, effective July 1. L. 87: (3) added, p. 1215, § 10, effective May 7. Editor's note: This section was originally numbered as § 30-20-621 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-623. Provisions to be inserted. Every contract shall provide that it is subject to the provisions of the laws under which the county exists and of the resolution authorizing the improvement; that the aggregate payment thereon shall not exceed the amount appropriated; that, upon ten days' written notice to the contractor, the work under such contract, without cost or claim against the county, may be suspended for substantial cause; and that, upon complaint of any owner of land to be assessed for the improvement that the improvement is not being constructed in accordance with the contract, the board may consider the complaint and make such order in the premises as shall be just, and such order shall be final. Source: L. 73: p. 490, § 1. C.R.S. 1963: § 36-30-22. L. 85: Entire section amended, p. 1076, § 12, effective May 24. L. 86: Entire section amended, p. 1061, § 36, effective July 1. Editor's note: This section was originally numbered as § 30-20-622 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-624. Utility connections may be ordered before paving - costs - default. Before paving in any district in pursuance of this part 6, the board may order the owners of property therein to connect their several premises with the gas, water, or sewer mains or with any other utility in the street in front of their several premises. Upon default of any owner for thirty days Colorado Revised Statutes 2019 Page 285 of 433 Uncertified Printout after such order to make such connections, the city or town may contract for and make the connections at such distance, under such regulations, and in accordance with such specifications as may be prescribed by the board. The whole cost of each connection shall be assessed against the property with which the connection is made, and the cost shall be paid upon the completion of the work and in one sum. The cost shall be assessed, shall become a lien, and shall be collected in the same manner as is provided in this part 6 for the assessment and collection of the cost of other special improvements. Upon default in the payment of any such assessment, the property shall be sold in like manner and with like effect. Source: L. 73: p. 490, § 1. C.R.S. 1963: § 36-30-23. L. 86: Entire section amended, p. 1061, § 37, effective July 1. Editor's note: This section was originally numbered as § 30-20-623 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-625. No action maintainable - exception - grounds - limitations. (1) No legal or equitable action shall be brought or maintained to enjoin the collection of assessments levied under this part 6 except upon the grounds: (a) That notice of a hearing upon the amount of the assessment was not given as required in this part 6, and any person presenting objections to the board at or before the hearing on assessment shall be deemed to have waived this ground; (b) That the hearing upon the amount of the assessment as provided in this part 6 was not held; (c) That the improvement ordered was not one authorized by this part 6. (2) No action shall be brought under paragraph (c) of subsection (1) of this section unless the objections on which such action is based have been presented to the board in writing prior to the hearing on the proposed improvements as provided in section 30-20-603 (6)(i). Any action brought with respect to the ordering of any improvements, the creation of any district, the authorization or issuance of any bonds, the levying of any assessments, or any other action taken under this part 6 shall be commenced within thirty days after the effective date of the resolution ordering the improvements, creating the district, authorizing or issuing bonds, or levying assessments or the performance of any other action complained of or else shall be thereafter perpetually barred. Source: L. 73: p. 491, § 1. C.R.S. 1963: § 36-30-24. L. 85: (2) amended, p. 1076, § 13, effective May 24. L. 86: (1)(a) and (2) amended, p. 1062, § 38, effective July 1. Editor's note: This section was originally numbered as § 30-20-624 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-626. Requirements of publication of notice. Notwithstanding any provisions of part 1 of article 70 of title 24, C.R.S., compliance with the requirements of publication of notice specified in this part 6 shall be deemed in full compliance for all purposes of this part 6. Source: L. 73: p. 491, § 1. C.R.S. 1963: § 36-30-25. Colorado Revised Statutes 2019 Page 286 of 433 Uncertified Printout Editor's note: This section was originally numbered as § 30-20-625 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location. 30-20-627. Local improvements completed - dissolution. When the local improvements specified in the preliminary order referred to in section 30-20-603 (5) and specified in the resolution authorizing the improvements have been completed and any debt incurred or bonds issued have been paid, the board shall take all steps necessary to dissolve the district and, upon completion of such steps, shall declare, by resolution, that the district is dissolved; except that this requirement does not apply to a district formed for the purposes authorized in section 30-20-603 (11.5). Upon dissolution, any moneys remaining to the credit of such district that have not been transferred to a special surplus and deficiency fund as permitted in section 30-20-619 (3) may be used for any county purpose as determined by the board, including, without limitation, the reimbursement to the county of any county moneys spent to provide any portion of the costs of the local improvements completed within the dissolved district. Source: L. 87: Entire section added, p. 1215, § 11, effective May 7. L. 2002: Entire section amended, p. 272, § 11, effective August 7. L. 2010: Entire section amended, (SB 10100), ch. 207, p. 903, § 6, effective May 5. 30-20-628. County treasurer - policies and procedures. The county treasurer may adopt policies and procedures which the county treasurer deems necessary and reasonable for the administration and collection of assessments imposed and payable pursuant to the provisions of this part 6 and which are consistent with the provisions of said part 6. Source: L. 90: Entire section added, p. 1472, § 4, effective October 1. PART 7 RECREATION DISTRICTS - COUNTY 30-20-701. Legislative declaration. It is declared that the creation of recreation districts, having the purposes and powers provided in this part 7, will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants of said districts. Source: L. 47: p. 698, § 1. CSA: C. 136, § 5. CRS 53: § 114-2-1. C.R.S. 1963: § 114-21. 30-20-702. County may establish districts. (1) Whenever a county has acquired property for recreational purposes, as authorized in sections 29-7-101 to 29-7-104, C.R.S., such county may establish a recreation district. This district shall be composed of the unincorporated area benefited by the establishment of the proposed recreational facility, the boundaries to be designated by the board of county commissioners. If a county planning commission has been created in the county under the authority of part 1 of article 28 of this title, it is the duty of such Colorado Revised Statutes 2019 Page 287 of 433 Uncertified Printout planning commission, upon request from the board of county commissioners, to formulate a tentative plan for the formation of such recreation district. The plan shall include recommendations as to the area to be benefited and boundaries and powers of the district. Upon completion of the plan, the county planning commission shall certify such plan to the board of county commissioners. (2) Before the creation of a recreation district, a hearing thereon shall be held by the board of county commissioners to ascertain the sentiment of residents of the area toward the establishment of such a district. Notice of the hearing, stating the time, place, date, and purpose of the hearing, and including a description of the proposed boundaries, shall be published once weekly for three consecutive weeks in a newspaper published and of general circulation in the county. (3) After the hearing, the board of county commissioners, at any regularly scheduled meeting, may change, amend, reject, or adopt the plan formulated and certified by the county planning commission and by resolution create a recreation district. Source: L. 47: p. 698, § 2. CSA: C. 136, § 6. CRS 53: § 114-2-2. C.R.S. 1963: § 114-22. 30-20-702.5. Acquisition of land by Larimer county authorized. (1) The general assembly finds and declares that it is in the best interests of the state for Larimer county to acquire certain properties in the floodplain areas of the Big Thompson canyon and the north fork thereof. In making such acquisitions, Larimer county shall be subject to the findings of the Colorado water conservation board with respect to the location of said floodplain areas. The county shall establish a recreation district pursuant to the provisions of this article for the purpose of making the acquisitions authorized and for the further purposes of the future management, control, and financing of all park and recreational areas developed following such acquisitions. In acquiring lands as authorized, the county and the recreation district shall seek primarily lands near inhabited areas which are unlikely to be the subject of direct acquisition by the federal forest service or other federal agency. (2) The division of parks and wildlife, as a part of its duties under section 33-10-108, C.R.S., shall undertake the duties of coordinating federal, state, and local efforts and contributions, in the development of the land acquired pursuant to this section, in order that the people of the state shall receive benefits from the park and recreational facilities thus acquired. Source: L. 77: Entire section added, p. 1451, § 1, effective June 19. L. 85: (2) amended, p. 1363, § 29, effective June 28. 30-20-703. Powers of county commissioners. (1) Acting on behalf of such district, the board of county commissioners may: (a) Levy a tax on all real and personal property situated within the district not to exceed one mill, the proceeds of which shall be used within the district for operation, maintenance, capital improvements, acquisition of additional property, and employment of a staff to supervise a program of activities, and receive gifts of money or property for construction and operation of recreational facilities and programs; but if the recreational district comprises the entire county, Colorado Revised Statutes 2019 Page 288 of 433 Uncertified Printout the board of county commissioners is authorized to appropriate from the general fund for this purpose and no special levy is authorized; (b) Establish a board of five residents of the district who own real estate within the district and who have paid a tax thereon for at least one year preceding their selection, to administer the facility, and to supervise the conduct of the recreational programs. Each member of the board, upon approval by a majority of the taxpaying electors residing in the district voting on the question at a general election, may receive as compensation for his services a sum not in excess of six hundred dollars per annum, payable not to exceed twenty-five dollars per meeting attended. Terms of such board members shall be so arranged that the term of one member expires each year. The manner of selection and the powers shall be determined by the board of county commissioners in its order creating the recreation district. (c) Provide for the employment of personnel to operate and manage the facilities and recreation programs, and cooperate with other public and private agencies in the operation and management of the facilities and program; (d) Provide for the creation of a reserve fund adequate to meet the obligations of the district, for maintenance and operating charges and depreciation, and to provide replacements of and betterments to the improvements of the district. Source: L. 47: p. 699, § 3. CSA: C. 136, § 7. L. 53: p. 220, § 2. CRS 53: § 114-2-3. C.R.S. 1963: § 114-2-3. L. 67: p. 714, § 4. Cross references: For procedure to increase tax levy beyond statutory limits, see § 29-1302. 30-20-704. Budget. The operations of the recreation district shall be conducted in accordance with the provisions of the local government budget law. The proposed budget shall be submitted to the board of county commissioners by the district board on or before the same date that is set for other departments of county government. In no event shall the provisions of this section be construed to prevent the creation of a reserve fund as provided in section 30-20703. Source: L. 47: p. 699, § 4. CSA: C. 136, § 8. CRS 53: § 114-2-4. C.R.S. 1963: § 114-24. 30-20-705. Purpose. No part of this part 7 shall repeal or affect any other act or any part thereof, it being intended that this part 7 shall provide a separate method of accomplishing its objects, and not an exclusive one. Source: L. 47: p. 700, § 5. CSA: C. 136, § 9. CRS 53: § 114-2-5. C.R.S. 1963: § 114-25. PART 8 CEMETERY DISTRICTS Colorado Revised Statutes 2019 Page 289 of 433 Uncertified Printout Editor's note: Prior to the enactment of this part 8 in 1981, the substantive provisions of this part 8 were located in part 1 of article 5 of title 32. For a detailed comparison of this part 8, see the comparative tables located in the back of the index. Cross references: For definitions applicable to this part 8, see § 30-26-301 (2)(d). 30-20-801. Creation of cemetery districts. The board of county commissioners of any county shall create cemetery districts within its county upon petition of the property owners within said districts, in accordance with the provisions of this part 8. Source: L. 81: Entire part added, p. 1613, § 12, effective June 19. 30-20-802. Petition for creation of district. Upon presentation to the board of county commissioners of a petition setting forth the name of the proposed cemetery district, a description of the boundaries of said district, the names of three taxpaying electors resident within such district to be appointed as the first board of directors of said proposed district, and a request for the organization thereof, signed by a majority of the taxpaying electors resident therein, it is the duty of the board of county commissioners of such county to examine the petition and, if it finds that the petition is regular and in due form as provided, and if the board of county commissioners finds that said petition has been signed by a majority of the taxpaying electors, to enter a resolution in its proceedings establishing said cemetery district and to file a certified copy of such resolution with the county clerk and recorder. Source: L. 81: Entire part added, p. 1613, § 12, effective June 19. 30-20-803. Board of directors. Immediately after the creation of such cemetery district, the board of county commissioners shall appoint a board of directors for said cemetery district, consisting of the three members recommended in the petition filed with the board of county commissioners. One of such members shall hold his office for two years, one for four years, and one for six years. Thereafter the term of office shall be six years. Vacancies in the board of directors shall be filled by the board of county commissioners. All special and regular meetings of the board of directors shall be held at locations which are within the boundaries of the cemetery district or which are within the boundaries of any county in which the cemetery district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this section governing the location of meetings may be waived only if the proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board and if a resolution is adopted by the board stating the reason for which a meeting of the board is to be held in a location other than under the provisions of this section and further stating the date, time, and place of such meeting. Source: L. 81: Entire part added, p. 1613, § 12, effective June 19. L. 90: Entire section amended, p. 1496, § 3, effective July 1. Colorado Revised Statutes 2019 Page 290 of 433 Uncertified Printout 30-20-804. District officers. The officers of such cemetery district shall be the president and a secretary who shall be elected annually by the board of directors from its own members. Source: L. 81: Entire part added, p. 1613, § 12, effective June 19. 30-20-805. Powers of district. (1) From and after the filing of the resolution establishing such district with the county clerk and recorder, the cemetery district shall be a body corporate and shall have the following powers: (a) To acquire, hold, and convey real and personal property for cemetery purposes within said district; (b) To sue and be sued in its corporate name; (c) To receive, acquire, and hold donations or bequests of real or personal property; (d) To sell burial plots in the cemetery property acquired by said district; (e) To draw warrants upon the county treasurer for cemetery purposes; (f) To determine annually the amount of tax not to exceed four mills, to be levied upon the taxable property of said district, to acquire, care for, and maintain such cemetery for the ensuing year, and to certify the same to the board of county commissioners. Any amount of tax levy not previously established by resolution nor previously approved by the electors must be authorized by a vote of the electors of that cemetery district. Source: L. 81: Entire part added, p. 1614, § 12, effective June 19. L. 95: (1)(f) amended, p. 61, § 1, effective March 23. 30-20-806. Taxation. The board of county commissioners is authorized to levy a tax not to exceed four mills so certified to it by said cemetery district against all taxable property within said cemetery district which tax shall be collected by the county treasurer. If the district embraces the entire county, the board of county commissioners is authorized to appropriate from the general fund money for this purpose and no special tax shall be made. Source: L. 81: Entire part added, p. 1614, § 12, effective June 19. L. 95: Entire section amended, p. 61, § 2, effective March 23. 30-20-807. Cemetery district fund. All moneys belonging to or collected on behalf of said cemetery district may be deposited with the county treasurer of the county in which said district is located in a fund known as .............. cemetery district fund. Expenditures therefrom shall be made by the county treasurer upon warrants drawn thereon by the president and secretary of said cemetery district. Source: L. 81: Entire part added, p. 1614, § 12, effective June 19. L. 2008: Entire section amended, p. 107, § 1, effective August 5. 30-20-808. Abandoned graves - right to reclaim. (1) If there is a lot, grave space, niche, or crypt in a cemetery in which no remains have been interred, no burial memorial has been placed, and no other improvement has been made for a continuous period of no less than Colorado Revised Statutes 2019 Page 291 of 433 Uncertified Printout seventy-five years, a cemetery district may initiate the process of reclaiming title to the lot, grave space, niche, or crypt in accordance with this section. (2) A cemetery district seeking to reclaim a lot, grave space, niche, or crypt shall: (a) Send written notice of the cemetery district's intent to reclaim title to the lot, grave space, niche, or crypt to the owner's last-known address by first-class mail; and (b) Publish a notice of the cemetery district's intent to reclaim title to the lot, grave space, niche, or crypt in a newspaper of general circulation in the area in which the cemetery is located once per week for four weeks. (3) The notice required by subsection (2) of this section shall clearly indicate that the cemetery district intends to terminate the owner's rights and title to the lot, grave space, niche, or crypt and include a recitation of the owner's right to notify the cemetery district of the owner's intent to retain ownership of the lot, grave space, niche, or crypt. (4) If the cemetery district does not receive from the owner of the lot, grave space, niche, or crypt a letter of intent to retain ownership of the lot, grave space, niche, or crypt within sixty days after the last publication of the notice required by paragraph (b) of subsection (2) of this section, all rights and title to the lot, grave space, niche, or crypt shall transfer to the cemetery district. The cemetery district may then sell, transfer, or otherwise dispose of the lot, grave space, niche, or crypt without risk of liability to the prior owner of the lot, grave space, niche, or crypt. (5) A cemetery district that reclaims title to a lot, grave space, niche, or crypt in accordance with this section shall retain in its records for no less than one year a copy of the notice sent pursuant to paragraph (a) of subsection (2) of this section and a copy of the notice published pursuant to paragraph (b) of subsection (2) of this section. (6) If a person submits to a cemetery district a legitimate claim to a lot, grave space, niche, or crypt that the cemetery district has reclaimed pursuant to this section, the cemetery district shall transfer to the person at no charge a lot, grave space, niche, or crypt that, to the extent possible, is equivalent to the reclaimed lot, grave space, niche, or crypt. (7) Notwithstanding any provision of law to the contrary, on and after August 7, 2006, a cemetery district shall not convey title to the real property surveyed as a lot in a cemetery for use as a burial space. A cemetery district may grant interment rights to a lot, grave space, niche, or crypt in a cemetery. Source: L. 2006: Entire section added, p. 443, § 3, effective August 7. Editor's note: Section 5 of chapter 128, Session Laws of Colorado 2006, provides that the act enacting this section applies to cemetery lots, grave spaces, niches, and crypts purchased before, on, or after August 7, 2006. PART 9 SOLID WASTE-TO-ENERGY INCINERATION SYSTEMS Cross references: For the calculation by the public utilities commission of avoided cost information prior to construction of a solid waste-to-energy incineration system, see § 40-3-112; Colorado Revised Statutes 2019 Page 292 of 433 Uncertified Printout for authorization for municipalities to develop solid waste-to-energy systems, see part 10 of article 15 of title 31. Law reviews: For article, "The Legal Structure and Financing of Waste-to-Energy Projects - Part 1", see 14 Colo. Law. 574 (1985). 30-20-901. Legislative declaration. The general assembly hereby finds and declares that methods for the efficient and economical production of usable energy should be achieved whenever possible and that the use of flammable waste material for the conversion of heat into steam, electrical power, or any other form of energy could provide energy in an efficient and economical manner. For such purposes, the provisions of this part 9 are enacted to authorize counties to develop this type of energy for their own use and the use of the public. Source: L. 83: Entire part added, p. 1241, § 2, effective May 31. 30-20-902. Definitions. As used in this part 9, unless the context otherwise requires: (1) "Solid waste-to-energy incineration system" means the use of flammable waste material as a primary or supplemental fuel for the conversion of heat into steam, electrical power, or any other form of energy. Source: L. 83: Entire part added, p. 1242, § 2, effective May 31. 30-20-903. County authority relating to solid waste-to-energy incineration systems. (1) The board of county commissioners of any county has the power to: (a) Acquire, hold, use, transfer, and convey any real or personal property for the purpose of developing and operating a solid waste-to-energy incineration system; (b) Engage in any activities relating to the siting, development, and operation of a solid waste-to-energy incineration system and to the production and sale of energy from such system; (c) Issue revenue bonds authorized by action of the board of county commissioners, without the approval of the qualified electors of the county, for purposes of financing the siting and development of a solid waste-to-energy incineration system and the production and marketing of energy from such system. Such revenue bonds shall be issued in the manner provided in part 4 of article 35 of title 31, C.R.S., for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at par, or below or above par, at public or private sale, in such manner and for such price as the county, in its discretion, shall determine. Such revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the state constitution or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers. Such revenue bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes. (d) Enter into contracts, including intergovernmental contracts pursuant to section 29-1203, relating to the acts authorized by this part 9; Colorado Revised Statutes 2019 Page 293 of 433 Uncertified Printout (e) Establish such terms and conditions by contract, resolution, or any other method for the siting, development, and operation of a solid waste-to-energy incineration system and the production and sale of energy from such system; (f) Set, maintain, and revise charges for the disposal of solid waste at a solid waste-toenergy incineration system facility and for the sale of energy from such system for the purpose of financing the property, facilities, and operation of the system; (g) Exercise any other powers which are essential in performing the acts authorized by this part 9; (h) Perform any nonlegislative acts authorized by this part 9 by means of an agent or by contract with any person, firm, or corporation. Source: L. 83: Entire part added, p. 1242, § 2, effective May 31. 30-20-904. Department of public health and environment rules. The department of public health and environment may promulgate rules for the engineering design and operation of solid waste-to-energy incineration systems, and any such system shall comply with such rules before beginning operations. Source: L. 83: Entire part added, p. 1243, § 2, effective May 31. L. 94: Entire section amended, p. 2800, § 560, effective July 1. PART 10 SOLID WASTES DISPOSAL LIMITATIONS Cross references: For the legislative declaration contained in the 2005 act enacting this part 10, see section 1 of chapter 285, Session Laws of Colorado 2005. 30-20-1001. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Consumer product" means any device that is primarily intended for personal or household use and is typically sold, distributed, or made available to the general population through retail or mail-order distribution. Such term does not include vehicles, motorcycles, wheelchairs, boats, or other forms of motive power. The term does include, but is not limited to, computers, games, telephones, radios, and similar electronic devices. (2) "De minimis quantities of used oil" means small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations; except that the term shall not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases. (3) "Land disposal" means placing, discarding, or otherwise disposing of residentially generated solid wastes: (a) In any solid wastes disposal site and facility, transfer station, or treatment, storage, or disposal facility operated by the state, a local government, or a private entity; (b) In sewers, drainage systems, septic tanks, surface or groundwaters, watercourses, or any body of water; or (c) On the ground. Colorado Revised Statutes 2019 Page 294 of 433 Uncertified Printout (4) "Lead-acid battery" means a battery that: (a) Consists of lead and sulfuric acid; (b) Is used as a power source; and (c) Is not intended as a power source for consumer products. (5) "Lubricating oil" means the fraction of crude oil or synthetic oil used to reduce friction in motorized equipment. "Lubricating oil" includes rerefined oil. (6) (a) "Person" means an individual. (b) "Person" shall not include waste haulers as defined in subsection (16) of this section. (7) "Residentially generated" means used lead-acid batteries and used oil generated by a person. (8) "Retailer" means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that engages in the sale of new lead-acid batteries or lubricating oil directly to the end user. (9) "Solid waste" shall have the same meaning as set forth in section 30-20-101 (6). (10) "Solid wastes disposal" shall have the same meaning as set forth in section 30-20101 (7). (11) "Solid wastes disposal site and facility" shall have the same meaning as set forth in section 30-20-101 (8). (12) Repealed. (13) "Transfer station" shall have the same meaning as set forth in section 30-20-101 (9). (14) "Used lead-acid battery" means any lead-acid battery that is no longer functional or no longer used for its primary purpose. (15) "Used oil" means any residentially generated motor oil, refined from crude oil or a synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities. (16) "Waste hauler" means any individual or any employee or agent of a partnership, private, county, or municipal corporation, firm, board of a metropolitan district, or other association of persons that haul waste under contract, agreement, or as otherwise provided by law, to solid wastes disposal sites and facilities. (17) and (18) Repealed. (19) "Wholesaler" means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that sells new lead-acid batteries or lubricating oil for resale. Source: L. 2005: Entire part added, p. 1251, § 2, effective August 8. L. 2010: (17) amended, (HB 10-1018), ch. 421, p. 2180, § 13, effective June 10. L. 2014: (7), (8), and (19) amended and (12), (17), and (18) repealed, (HB 14-1352), ch. 351, p. 1594, § 7, effective July 1. 30-20-1002. Lead-acid batteries - disposal limitations. (1) On and after July 1, 2007, land disposal of residentially generated used lead-acid batteries shall be prohibited. (2) A person shall dispose of used lead-acid batteries by delivering the batteries to: (a) A retailer or wholesaler engaged in lead-acid battery collection or recycling; (b) A secondary lead smelter; or (c) A collection or recycling facility operating under the laws of this state or under rules promulgated by the United States environmental protection agency. Colorado Revised Statutes 2019 Page 295 of 433 Uncertified Printout (3) A retailer shall dispose of used lead-acid batteries by delivering the batteries to: (a) The agent of a wholesaler or a secondary lead smelter; (b) A battery manufacturer for delivery to a secondary lead smelter; or (c) A collection or recycling facility operating under the laws of this state or under rules promulgated by the United States environmental protection agency. (4) (a) Waste haulers shall notify customers that the land disposal of lead-acid batteries is prohibited. (b) The notice required by paragraph (a) of this subsection (4) shall explain that leadacid batteries shall be disposed of by delivery to a retailer or wholesaler engaged in lead-acid battery collection or recycling, a secondary lead smelter, or a collection or recycling facility operating under the laws of this state or under rules promulgated by the United States environmental protection agency. Source: L. 2005: Entire part added, p. 1253, § 2, effective August 8. 30-20-1003. Lead-acid batteries - collection for recycling. (1) A retailer selling replacement lead-acid batteries in the state may: (a) Accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers; and (b) Collect a deposit of at least ten dollars on the sale of an automotive-type replacement lead-acid battery that is not accompanied by the return of a used lead-acid battery of the same general type. All deposits shall inure to the benefit of the retailer unless the person paying the deposit pursuant to this subsection (1) returns a used automotive lead-acid battery to the retailer within thirty days of the date of sale, in which case the deposit shall be returned to the customer. Source: L. 2005: Entire part added, p. 1254, § 2, effective August 8. 30-20-1004. Lead-acid battery wholesalers. Any wholesaler selling replacement leadacid batteries may accept from customers at the point of transfer used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. Source: L. 2005: Entire part added, p. 1254, § 2, effective August 8. 30-20-1005. Used oil disposal limitations. (1) On and after July 1, 2007, land disposal of residentially generated used oil shall be prohibited. (2) Notwithstanding subsection (1) of this section, a person may dispose of an item or substance that contains de minimis quantities of used oil in a solid wastes disposal site and facility under subsection (1) of this section if: (a) To the extent reasonably possible, all oil has been removed from the item or substance; and (b) No free-flowing oil remains in the item or substance. (3) A person shall dispose of used oil by delivery to: (a) A retailer or wholesaler engaged in used oil collection or recycling; or Colorado Revised Statutes 2019 Page 296 of 433 Uncertified Printout (b) A collection or recycling facility operating under the laws of this state or under rules promulgated by the United States environmental protection agency. (4) A retailer shall dispose of used oil by delivery to the agent of a wholesaler or to a collection or recycling facility operating under the laws of this state or under rules promulgated by the United States environmental protection agency. (5) Every quart of improperly disposed oil shall constitute a separate violation. (6) (a) Waste haulers shall notify customers that the land disposal of used oil is prohibited. (b) The notice required in paragraph (a) of this subsection (6) shall explain that used oil shall be disposed of by delivery to a retailer or wholesaler engaged in used oil collection or recycling or a collection or recycling facility operating under the laws of this state or under rules promulgated by the United States environmental protection agency. Source: L. 2005: Entire part added, p. 1254, § 2, effective August 8. 30-20-1006. Limitations on the disposal of tires. (Repealed) Source: L. 2005: Entire part added, p. 1255, § 2, effective August 8. L. 2009: (2) amended, (SB 09-289), ch. 314, p. 1700, § 4, effective August 5. L. 2014: Entire section repealed, (HB 14-1352), ch. 351, p. 1596, § 13, effective July 1. 30-20-1007. Waste tires - collection for recycling. (Repealed) Source: L. 2005: Entire part added, p. 1256, § 2, effective August 8. L. 2009: Entire section amended, (SB 09-289), ch. 314, p. 1700, § 5, effective August 5. L. 2014: Entire section repealed, (HB 14-1352), ch. 351, p. 1596, § 13, effective July 1. 30-20-1008. Tire wholesalers. (Repealed) Source: L. 2005: Entire part added, p. 1256, § 2, effective August 8. L. 2014: Entire section repealed, (HB 14-1352), ch. 351, p. 1596, § 13, effective July 1. 30-20-1009. Inspection - enforcement - nuisances - violations - civil penalty. (1) The inspection, enforcement, nuisance, violation, and civil penalty provisions in section 30-20-113 shall apply to this part 10. (2) Notwithstanding subsection (1) of this section and section 30-20-1010, if a person is able to establish that due diligence has been conducted and no reasonable options for recycling the solid wastes are available, then the person may dispose of the solid wastes in a solid wastes disposal site and facility or transfer station. (3) Notwithstanding subsection (1) of this section and sections 30-20-1010 and 30-20113 (1)(c), any solid wastes disposal site and facility in substantial compliance with its waste characterization plan developed pursuant to section 30-20-110 (1)(g), and rules promulgated thereunder, is in compliance with this part 10 so long as the waste characterization plan contains waste acceptance procedures to minimize the disposal of lead-acid batteries and used oil consistent with this part 10. Colorado Revised Statutes 2019 Page 297 of 433 Uncertified Printout Source: L. 2005: Entire part added, p. 1256, § 2, effective August 8. L. 2014: (3) amended, (HB 14-1352), ch. 351, p. 1595, § 8, effective July 1. 30-20-1010. Violation - penalty. Any person who violates any provision of this part 10 is guilty of a petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars. Nothing in this part 10 shall preclude or preempt a municipality from enforcement of its local ordinances. Each day of violation shall be deemed a separate offense under this section. Source: L. 2005: Entire part added, p. 1256, § 2, effective August 8. PART 11 PUBLIC IMPROVEMENTS - COUNTY CONTRACTS 30-20-1101. Short title. This part 11 shall be known and may be cited as the "Integrated Delivery Method for County Public Improvements Act". Source: L. 2007: Entire part added, p. 1810, § 2, effective August 3. 30-20-1102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is the policy of the state of Colorado to encourage public contracting procedures that encourage competition, openness, and impartiality to the maximum extent possible. (b) Competition exists not only in the costs of goods and services, but in the technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services. (c) Timely and effective completion of public projects can be achieved through a variety of methods when procuring goods and services for public projects. (d) In enacting this part 11, the general assembly intends to establish for county governments and certain districts formed by county governments an optional alternative public project delivery method. Source: L. 2007: Entire part added, p. 1810, § 2, effective August 3. 30-20-1103. Definitions. As used in this part 11, unless the context otherwise requires: (1) "Agency" means any county, city and county, home rule county formed in accordance with the provisions of article 35 of this title, any county public improvement district formed in accordance with the provisions of part 5 of article 20 of this title, any other district that a county or a city and county may create pursuant to the authority provided in article 20 of this title that is a budgetary unit exercising construction contracting authority or discretion, and any special taxing district formed by a home rule county in accordance with the provisions of part 9 of article 35 of this title. (2) "Contract" means any agreement for designing, building, altering, repairing, improving, demolishing, operating, maintaining, or financing a public project. Colorado Revised Statutes 2019 Page 298 of 433 Uncertified Printout (3) "Cost-reimbursement contract" means a contract under which a participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 11. (4) "Integrated project delivery" or "IPD" means a project delivery method in which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project. (5) "IPD contract" means a contract using an integrated project delivery method. (6) "Participating entity" means a partnership, corporation, joint venture, unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract. (7) "Public project" means any lands, buildings, structures, works, machinery, equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. "Public project" shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, including without limitation any sewerage facility as defined in section 3020-401 (4), any water facility as defined in section 30-20-401 (6), any joint system as defined in section 30-20-401 (3), and any operation or maintenance programs for the operation and upkeep of such projects. (8) "Public purposes" includes, but is not limited to, the supplying of public water services and facilities, public sewerage services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and school district are coterminous. Source: L. 2007: Entire part added, p. 1810, § 2, effective August 3. 30-20-1104. Integrated project delivery contracts - authorization - effect of other laws. (1) Notwithstanding any other provision of law, any agency may award an IPD contract for a public project under the provisions of this part 11 upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project. (2) Nothing in this part 11 shall be construed as exempting any agency or participating entity from applicable federal, state, or local laws, rules, resolutions, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is granted under such legal authority or is created by necessary implication from such legal authority. Source: L. 2007: Entire part added, p. 1812, § 2, effective August 3. Colorado Revised Statutes 2019 Page 299 of 433 Uncertified Printout 30-20-1105. Integrated project delivery contracting process - prequalification of participating entities - apprentice training. (1) An agency may prequalify participating entities for IPD contracts by public notice of its request for qualifications prior to the date set forth in the notice. A request for qualifications may contain the following elements and such additional information as may be requested by the agency: (a) A general description of the proposed public project; (b) Relevant budget considerations; (c) Requirements of the participating entity, including: (I) If the participating entity is a partnership, limited partnership, limited liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of the submission of qualifications; (II) Evidence that the participating entity, or the constituent entities or members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity; (III) Evidence that the proposed personnel of the participating entity have sufficient experience and training to completely manage and complete the proposed public project; and (IV) Evidence of all applicable licenses, registrations, and credentials required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential. (d) The criteria for prequalification. (2) From the participating entities responding to the request for qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal. (3) Where an apprentice training program certified by the office of apprenticeship located in the employment and training administration in the United States department of labor exists in the county, or a comparable program for the training of apprentices is available in the county: (a) Each participating entity shall demonstrate to the agency that it has access to either the certified program or a comparable alternative; and (b) Each participating entity shall demonstrate that each of its subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to either the certified program or a comparable alternative. Source: L. 2007: Entire part added, p. 1812, § 2, effective August 3. 30-20-1106. Requests for proposals - evaluation and award of integrated project delivery contracts. (1) An agency shall prepare and publish a request for proposals for each IPD contract that may contain the following elements and such other elements as may be requested by the agency: (a) The procedures to be followed for submitting proposals; (b) The criteria for evaluation of a proposal, which criteria may provide for selection of a proposal on a basis other than solely the lowest costs estimates submitted; (c) The procedures for making awards; (d) Required performance standards as defined by the participating entity; Colorado Revised Statutes 2019 Page 300 of 433 Uncertified Printout (e) A description of the drawings, specifications, or other submittals to be provided with the proposal, with guidance as to the form and the acceptable level of completion of the drawings, specifications, or submittals; (f) Relevant budget considerations or, for an IPD contract that includes operation or maintenance services, the life-cycle cost analysis for the contract; (g) The proposed scheduling for the project; and (h) The stipend, if any, to be paid to participating entities responding to the request for proposals who appear on the agency's short list pursuant to section 30-20-1105 (2) but whose proposals are not selected for award of the IPD contract. (2) After obtaining and evaluating proposals according to the criteria and procedures set forth in the request for proposals in accordance with the requirements specified in subsection (1) of this section, an agency may accept the proposal that, in its estimation, represents the best value to the agency. Acceptance of a proposal shall be by written notice to the participating entity that submitted the accepted proposal. (3) With respect to performance under each IPD contract, the agency and participating entity shall comply with all laws applicable to public projects. (4) Notwithstanding any other provision of law, a participating entity selected for award of an IPD contract is not required to be licensed or registered to provide professional services as defined in section 24-30-1402 (6), C.R.S., if the person or firm actually performing any such professional services on behalf of the participating entity is appropriately licensed or registered and if the participating entity otherwise complies with applicable state licensing laws and requirements related to such professional services. Source: L. 2007: Entire part added, p. 1813, § 2, effective August 3. 30-20-1107. Supplemental provisions. The governing body of an agency may establish supplemental provisions that are designed to implement the provisions of this part 11. Source: L. 2007: Entire part added, p. 1814, § 2, effective August 3. 30-20-1108. Types of contracts. Subject to the requirements of this section, an agency making use of the provisions of this part 11 may award any type of contract that will promote the best interests of the agency; except that the use of a cost-plus-a-percentage-of-cost contract under this part 11 is prohibited. An agency may award a cost-reimbursement contract only when a determination is made in writing that such contract is either likely to be less costly to the agency than any other type of contract or that it is impracticable to obtain the required construction or other services authorized under this part 11 unless the cost-reimbursement contract is used. Operation and maintenance elements may be procured on a cost-reimbursement basis under or in connection with an IPD contract. Source: L. 2007: Entire part added, p. 1814, § 2, effective August 3. PART 12 RURAL CLEAN ENERGY PROJECT FINANCE PROGRAM Colorado Revised Statutes 2019 Page 301 of 433 Uncertified Printout 30-20-1201. Short title. This part 12 shall be known and may be cited as the "Rural Clean Energy Project Finance Program Act". Source: L. 2008: Entire part added, p. 1315, § 3, effective May 27. 30-20-1202. Definitions. As used in this part 12, unless the context otherwise requires: (1) "Board" means the board of county commissioners of a county or a city and county. (2) "Clean energy" means energy derived from biomass, as defined in section 40-2-124 (1)(a)(I), C.R.S., geothermal energy, solar energy, small hydroelectricity, and wind energy, as well as any hydrogen derived from any of the foregoing. (3) "Cooperative electric association" shall have the same meaning as set forth in section 40-9.5-102, C.R.S. (4) "Eligible applicant" means an individual property owner or a group of property owners that do not own the entirety of a cooperative electric association and that seek to construct, expand, or upgrade an eligible clean energy project located or to be located on the applicant's property. (5) "Eligible clean energy project" means a project owned by an eligible applicant that produces or transmits clean energy for public benefit only, has a nameplate rating of no more than fifty megawatts and is not a part of a larger project with a nameplate rating of more than fifty megawatts, and is located within the certificated service area of a cooperative electric association. "Eligible clean energy project" includes transmission lines to the point of entry to the power grid of a cooperative electric association, a generation and transmission electric corporation or association, or any federal agency and any other equipment or facility, including, but not limited to, substation upgrades needed to deliver the clean energy produced by an eligible clean energy project to a market. Source: L. 2008: Entire part added, p. 1315, § 3, effective May 27. 30-20-1203. Eligible clean energy project financing - county approval - private activity bond financing. (1) An eligible applicant may apply to the board of the county or city and county in which it proposes to construct, expand, or upgrade an eligible clean energy project for assistance in the financing of the project. Subject to the requirements and limitations specified in federal law, the "Colorado Private Activity Bond Ceiling Allocation Act", part 17 of article 32 of title 24, C.R.S., and subsection (2) of this section, if the board approves the application, it may provide financing assistance by issuing tax-exempt private activity bonds in a minimum amount of five hundred thousand dollars for a geothermal energy project and one million dollars for any other type of eligible clean energy project on behalf of the eligible applicant. (2) A board shall issue tax-exempt private activity bonds on behalf of an eligible applicant to finance an eligible clean energy project subject to the following requirements and limitations: (a) The board shall enter into agreements with the eligible applicant under which: (I) The board agrees to loan to the eligible applicant the net proceeds of the bonds issued so that the eligible applicant can finance all or a portion of the eligible clean energy project; and Colorado Revised Statutes 2019 Page 302 of 433 Uncertified Printout (II) The eligible applicant agrees that it has the sole responsibility to pay, either directly or indirectly through the board or a bond trustee, all financial obligations owed to bondholders and that it shall provide and maintain any reserve deemed necessary by the board to ensure that the financial obligations are paid; (b) The bonds issued shall specify that bondholders may not look to any county or city and county revenues for repayment of the bonds. The bonds shall further specify that the only sources of repayment for the bonds are revenues provided by the eligible applicant, property of the eligible applicant, or credit enhancement obtained by the eligible applicant that may be pledged to the payment of the bonds; and (c) The repayment term for the bonds issued shall not exceed fifteen years for a geothermal energy project and ten years for any other type of eligible clean energy project and may, for a geothermal energy project only, be correlated to the revenue stream of the eligible clean energy project being financed by the bonds so long as the amount of scheduled bond payments for any fiscal year does not exceed seventy-five percent of the estimated amount of project revenues for the fiscal year. (3) Because private activity bonds are payable only from the sources specified in paragraph (b) of subsection (2) of this section, such bonds shall not be deemed to create county or city and county indebtedness or a multiple-fiscal year obligation within the meaning of any provision of the state constitution or the laws of this state, and a board may issue such bonds without voter approval. (4) The rates charged by an eligible applicant for the delivery of clean energy produced by an eligible clean energy project shall be set to allow recovery of all costs necessarily incurred to deliver the clean energy to a market, including, but not limited to, the costs of substation upgrades, transmission lines to the point of entry to the power grid of a cooperative electric association, and any wheeling charges imposed by a cooperative electric association. Source: L. 2008: Entire part added, p. 1316, § 3, effective May 27. L. 2014: (1) and (2)(c) amended, (HB 14-1222), ch. 284, p. 1168, § 1, effective May 30. PART 13 FEDERAL MINERAL LEASE DISTRICTS 30-20-1301. Short title. This part 13 shall be known and may be cited as the "Federal Mineral Lease District Act". Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 580, § 1, effective May 9. 30-20-1302. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that it is committed to making sure that all available funding received from federal mineral leasing and distributed as specified in section 34-63-102 (5.4)(c), C.R.S., is used to alleviate social, economic, and public finance impacts resulting from the development of natural resources in this state, subject to the limitations provided for in the federal act. (2) The general assembly further finds and declares that the purpose of this legislation is to maximize the long-term benefit of funding derived from federal mineral leasing by Colorado Revised Statutes 2019 Page 303 of 433 Uncertified Printout authorizing the creation of federal mineral lease districts as funding and service delivery mechanisms, which will, consistent with sound financial practices, result in the greatest use of financial resources for the greatest number of citizens of this state, with priority given to those communities designated as impacted by the development of natural resources covered in the federal act. (3) The general assembly further finds and declares that federal mineral lease districts provide an effective mechanism to expedite the distribution of funding, without the use or increase of ad valorem and other taxes, to those communities designated as impacted by the development of natural resources covered by the federal act. Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 580, § 1, effective May 9. L. 2012: Entire section amended, (SB 12-031), ch. 84, p. 275, § 1; effective April 6. 30-20-1303. Definitions. As used in this part 13, unless the context otherwise requires: (1) "County" means a home rule or statutory county in this state and includes a city and county. (1.5) "Distribute" means to grant, loan, commit, or otherwise expend available funding to achieve the purposes of the district consistent with this part 13. (2) "District" means a federal mineral lease district created pursuant to this part 13. (2.5) "Federal act" means section 35 of the federal "Mineral Lands Leasing Act" of February 25, 1920, as amended. (3) "Funding" means the direct distribution of money from the local government mineral impact fund to counties as described in section 34-63-102 (5.4)(c) or a distribution to the county in accordance with section 34-63-104 (3). (4) "Resolution" means a resolution initiated and adopted by a board of county commissioners of a county to create a federal mineral lease district as described in section 30-201304 (2). Source: L. 2011: Entire part added, (HB 11-1218), ch. 169 p. 581, § 1, effective May 9. L. 2012: (1.5) and (2.5) added, (SB 12-031), ch. 84, p. 276, § 2, effective April 6. L. 2018: (3) amended, (HB 18-1249), ch. 51, p. 491, § 1, effective March 22. 30-20-1304. Power to create federal mineral lease districts. (1) Except as otherwise provided in this part 13, any county may create a district, so long as the district is created through a resolution adopted as specified in subsection (2) of this section no later than June 30, 2011, and each June 1 of every year thereafter. (2) A board of county commissioners shall create a district by duly adopting, by majority vote, a resolution to that effect, and the resolution shall set forth: (a) The name of the county creating the district; (b) Repealed. (c) A description of the boundaries of the district, which may include any municipality within the county creating the district; (d) The name of the district; and (e) The number of directors of the district. There shall be no fewer than three directors for a district, and the total number of directors shall be an odd number. Colorado Revised Statutes 2019 Page 304 of 433 Uncertified Printout (3) Repealed. (4) No later than the first business day after the adoption of a resolution, the county clerk and recorder shall transmit a certified copy of the resolution to the executive director of the department of local affairs, who shall, upon receipt of the certified copy of the resolution, allocate all future funding directly to the district. The state treasurer shall allocate all funding in accordance with section 34-63-104 (3) directly to the district. (5) A district organized pursuant to this part 13 may be dissolved by the district board after not less than fifteen days' notice to the public is given and a hearing is held. The notice shall be published in at least one newspaper of general circulation in the county in which the district is located. After hearing any protests against or objections to dissolution, if a majority of the district board determines that it is in the best interests of all concerned to dissolve the district, the district board shall so provide by resolution, and verified copies of the resolution shall be filed within three business days with the office of the county clerk and recorder in the county in which the district is located and with the executive director of the department of local affairs. Upon such filings, the dissolution shall be complete, except that no district shall be dissolved until all funding is distributed consistent with this part 13 and has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities. (6) Notwithstanding any other provision in subsection (5) of this section, any board of county commissioners of a county that initiated and passed a resolution to create a district as described in section 30-20-1304 (2) as such section existed before April 6, 2012, may, within ninety days of April 6, 2012, initiate and pass a resolution to dissolve the district. For any district dissolved pursuant to this subsection (6), all undistributed funding shall be paid over to the county. Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 581, § 1, effective May 9. L. 2012: (2)(c), (4), and (5) amended, (3) repealed, and (6) added, (SB 12-031), ch. 84, p. 276, § 3, effective April 6. L. 2013: (2) (b) repealed, (HB 13-1300), ch. 316, p. 1695, § 99, effective August 7. L. 2018: (4) amended, (HB 18-1249), ch. 51, p. 491, § 2, effective March 22. 30-20-1305. Approval of service plan. (Repealed) Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 582, § 1, effective May 9. L. 2012: Entire section repealed, (SB 12-031), ch. 84, p. 277, § 4, effective April 6. 30-20-1305.5. Powers of a district. (1) Each district formed pursuant to this part 13 is an independent public body politic and corporate. Each district is a public instrumentality, and its exercise of the powers specified in this part 13 are deemed and held to be the performance of an essential public function. A district is not an agency of county or state government and is not subject to administrative direction by any department, commission, board, or agency of a county or the state. (2) In addition to any other powers granted to a district by this part 13, a district has the following powers: (a) To sue and be sued; (b) To enter into contracts and agreements including those described in section 29-1201, C.R.S.; Colorado Revised Statutes 2019 Page 305 of 433 Uncertified Printout (c) To acquire real or personal property or an interest in real or personal property; (d) To sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the district's property or assets; (e) To enter into grant or loan agreements; (f) In order to carry out the purposes of this part 13, to borrow money as evidenced by revenue bonds, certificates, warrants, notes, and debentures in accordance with the provisions of this part 13; (g) To adopt an official seal; (h) To distribute funding to an area outside the district boundaries consistent with this part 13; (i) To provide services consistent with the federal act and this part 13; and (j) To invest funding as set forth in section 30-20-1307. (3) A district does not have the power to levy and collect taxes or to use the power of eminent domain. (4) Each district formed under this part 13 is subject to the "Local Government Budget Law of Colorado", part 1 of article 1 of title 29, C.R.S., and the "Colorado Local Government Audit Law", part 6 of article 1 of title 29, C.R.S. Source: L. 2012: Entire section added, (SB 12-031), ch. 84, p. 278, § 5, effective April 6. L. 2017: (2)(h) and (2)(i) amended and (2)(j) added, (HB 17-1152), ch. 103, p. 380, § 1, effective August 9. 30-20-1306. Board of directors - appointment or election - removal. (1) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), immediately after the creation of a district, the board of county commissioners of the county shall, by majority vote, appoint a board of directors for the district. The number of directors on the board shall be as set forth in the resolution creating the district. (II) If the board of county commissioners finds that the board of directors for the district should be elected rather than appointed, the board of county commissioners shall outline the method of such an election by duly adopting by majority vote a resolution to that effect. The election procedures shall comply with the election requirements set forth in articles 1 to 13 of title 1, C.R.S. (b) Members of the board of directors may be county commissioners from the county that created the district, representatives of the governing body of municipalities included in the district, or other officials representing the interests of areas impacted by mineral lease activities. (c) County commissioners serving on the board of directors, if any, shall not constitute a majority on the board of directors. (d) The officers of the board of directors shall be the president and a secretary who shall be elected annually by the board of directors from its own members. (e) (I) Members of the board of directors shall serve staggered terms so that not more than one director's term expires in any one year, and thereafter terms shall be for three years each, and each term shall commence on January 15. (II) Notwithstanding subparagraph (I) of this paragraph (e), every board of county commissioners of a county that initiated and passed a resolution to create a district as described in section 30-20-1304 (2) as such section existed before April 6, 2012, shall, within ninety days Colorado Revised Statutes 2019 Page 306 of 433 Uncertified Printout of April 6, 2012, pass a resolution fixing the initial terms of all existing directors. The resolution shall designate at least one director whose initial term shall expire on January 15, 2013, at least one director whose initial term shall expire on January 15, 2014, and at least one director whose initial term shall expire on January 15, 2015. Successor directors shall serve three-year terms. (2) (a) Each director shall hold office until the expiration of the term to which such director is appointed or elected or until a successor has been duly appointed or elected. (b) Vacancies on the board of directors shall be filled by a majority vote of the board of county commissioners. (c) The board of county commissioners of the county may remove any director for official misconduct, incompetence, neglect of duty, or other good cause shown, so long as the removal occurs after the director in question is given notice and an opportunity to be heard before the board of county commissioners at a public hearing. (3) All special and regular meetings of the board of directors for a district shall be held pursuant to part 4 of article 6 of title 24, C.R.S. Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 582, § 1, effective May 9. L. 2012: Entire section amended, (SB 12-031), ch. 84, p. 279, § 6, effective April 6. 30-20-1307. Board of directors - powers and duties. (1) (a) Except as otherwise provided in subsection (1)(b) of this section, the board of directors of a district shall distribute all of the funding the district receives from the department of local affairs to areas that are socially or economically impacted, either directly or indirectly, by the development, processing, or energy conversion of fuels and minerals leased under the federal act; except that the board of directors may elect to invest up to fifty percent of the funding as specified in subsection (5) of this section. (b) The board of directors may use up to ten percent of the annual funding for any administrative costs of the district; except that any investment-related expenses are excluded from the calculation of the district's administration costs. (c) Notwithstanding any other provision of this part 13, the board of directors of a district may reserve, or invest as specified in subsection (5) of this section, all or a portion of the funding for use in subsequent years. (2) The board of directors may review any reports or studies made and may seek any additional reports or studies it deems necessary regarding the distribution of funding in the district. (3) The board of directors may cooperate or contract with any other district to provide any function or service lawfully authorized to each of the cooperating or contracting districts, including the sharing of costs, only if the cooperation or contracts are authorized by each district with the approval of each district's board of directors. Any contract providing for the sharing of costs may be entered into for any period, not to exceed the existence of the district and notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties. Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control. Colorado Revised Statutes 2019 Page 307 of 433 Uncertified Printout (4) The board of directors may exercise any of the powers set forth in section 30-201305.5. (5) If the board of directors elects to invest the portion of the funding as allowed in subsection (1)(a) of this section: (a) The portion of the funding to be invested shall be held in a fund established by a resolution enacted by the district; (b) The board of directors shall make investments pursuant to the investment policy described in subsection (6) of this section and in a manner that complies with the "Uniform Prudent Investor Act", article 1.1 of title 15; (c) The board of directors may invest the portion of the funding in any investment in which the board of trustees of the public employees' retirement association may invest the funds of the association pursuant to section 24-51-206; (d) The board of directors may engage the services of investment advisors. The selection of investment advisors must be made following an open and competitive process. (e) The board of directors may appropriate and disburse any part of the invested funding and all sums in excess thereof, including interest, dividends, or similar appreciated values, but shall do so only upon the enactment of a resolution identifying the reason for the appropriation and disbursement; (f) The board of directors shall ensure that, at all times, liquid investment assets or other funding not invested remain at a level sufficient to pay for all budgeted and outstanding obligations of the district in any fiscal year; and (g) The board of directors, individually or as a group, shall not engage in any activities that might result in a conflict of interest with respect to their fiduciary responsibility for the district. (6) The board of directors shall adopt an investment policy resolution and shall review the investment policy annually. The investment policy must include: (a) An acknowledgment of the board of director's fiduciary responsibility with respect to oversight of the district's investment policy; (b) Performance benchmarks for all investments and for all investment advisors who may be hired by the board of directors; (c) A requirement for the preparation and publication of annual financial statements that must include, at minimum, information regarding starting balances, contributions, investment income, and losses, if any, and any investment fees incurred; (d) Careful consideration of investment fees or other brokerage costs which might reduce investment returns; and (e) A requirement that the board of directors annually review the investments and annually set appropriations to be included in the trust fund. Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 583, § 1, effective May 9. L. 2012: Entire section amended, (SB 12-031), ch. 84, p. 280, § 7, effective April 6. L. 2017: (1) amended and (5) and (6) added, (HB 17-1152), ch. 103, p. 380, § 2, effective August 9. PART 14 STRATEGIES FOR WASTE TIRES Colorado Revised Statutes 2019 Page 308 of 433 Uncertified Printout 30-20-1401. Legislative declaration - rules - enforcement - recyclable material. (1) The general assembly hereby finds and declares that, in order to protect the environment and the public health, there is a special need to address problems created by the disposal of waste tires and the lack of recycling and beneficial use of waste tires. It is the policy of this state to pursue proposals for recycling and other beneficial use of waste tires in lieu of storage or landfill disposal, and, in addition, it is the intent of the general assembly in adopting this part 14 to encourage the development of techniques for resource recovery, recycling, and reuse of waste tires and to provide for the management of waste tires. (2) By May 31, 2015, the commission shall promulgate rules for the implementation and enforcement of this part 14. Until the commission promulgates rules to implement and enforce this part 14, the commission's rules in effect on July 1, 2014, governing waste tires continue to apply to the extent that they do not conflict with this part 14. (3) The department shall enforce this part 14 through its enforcement authorities, including those specified in sections 30-20-113 and 30-20-114. (4) After tires are used for their original intended purpose, they must be used beneficially, recycled, or reused; except that, if authorized by section 30-20-1414 (1)(b), they may be disposed of at a permitted solid waste facility. Because they can be reused, remanufactured, reclaimed, or recycled, waste tires are a recyclable material as defined in section 30-20-101 (4). As recyclable materials, waste tires must be collected, managed, and transported in accordance with the manifest system required by section 30-20-1417 (2) and recycled into tire-derived product, thereby being transformed from a recyclable material into a new product. The department shall consider tires that have been collected under a tire collection program registered pursuant to section 30-20-1411 to have been managed under an approved established tire collection program for purposes of the federal commercial industrial solid waste incinerator rules, 40 CFR part 60 subparts CCCC and DDDD. Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1576, § 1, effective July 1. 30-20-1402. Definitions. As used in this part 14, unless the context otherwise requires: (1) "Alternative daily cover" means at least three inches of earthen material or other suitable material placed over the exposed solid waste at the end of each operating day, or at such frequencies as needed to prevent or minimize nuisance conditions. (1.2) "ASTM standard D6270" means the American Society for Testing and Materials standard entitled "Standard Practice for Use of Scrap Tires in Civil Engineering Applications", effective on December 15, 2017. (1.5) "Beneficial user" means a person who uses solid waste for energy recovery in a manufacturing process or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use. (2) "Commission" means the solid and hazardous waste commission created in section 25-15-302, C.R.S. (3) "Department" means the department of public health and environment. (4) "End user" means a person who: (a) Uses a tire-derived product for a commercial or industrial purpose; (b) Uses a whole waste tire to generate energy or fuel; or Colorado Revised Statutes 2019 Page 309 of 433 Uncertified Printout (c) Consumes tire-derived product or uses tire-derived product in its final application or in making new materials with a demonstrated sale to a third-party customer. (5) "Mobile processor" means a person who processes waste tires at a location other than the location of the person's certificate of registration. (6) "Motor vehicle" means a self-propelled vehicle that is designed for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low speed electric vehicle. "Motor vehicle" includes automobiles, minivans, all trucks, motor homes, and motorcycles. (7) "Public project" means: (a) A publicly funded contract entered into by a governmental body of the executive branch of this state that is subject to the "Procurement Code", articles 101 to 112 of title 24, C.R.S.; and (b) A publicly funded contract entered into by a county, municipal government, or special district, including a school district or recreation district. (7.5) "Rural county" means a county with a population of fewer than sixty thousand residents. (8) "Tire" means a rubber cushion that fits around a wheel. (9) "Tire-derived product" means matter that: (a) Is derived from a process that uses whole tires as a feedstock, including shredding, crumbing, and chipping; (b) Adheres to established engineering or other appropriate specifications or to established product end user specifications or customer conditions of acceptance; (c) Has a demonstrated benefit associated with the end use; (d) Can be used as a substitute for or in conjunction with a commercial product or raw material; and (e) Has either been sold and removed from the facility of a processor or has been used on site by the processor. (9.5) "Ton" means a unit of weight equal to two thousand pounds. (10) "Trailer" means a wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle. (11) "Used tire" means a tire that was previously used as a tire and is graded and classified for reuse as a tire based on specifications and criteria maintained pursuant to section 30-20-1410 (1)(a). (12) "Waste tire" means a tire that is modified from its original specifications but not processed into a tire-derived product, is no longer being used for its initial intended purpose as a tire, and is not a used tire. (13) "Waste tire cleanup program" or "program" means the program created by this part 14. (14) "Waste tire collection facility" means a facility at which waste tires are stored awaiting pickup by a registered waste tire hauler for transportation to a registered waste tire processor or registered waste tire monofill. (15) "Waste tire generator" means a person who generates waste tires. The term includes new tire retailers, used tire retailers, automobile dealers, automobile dismantlers, public and private vehicle maintenance shops, garages, service stations, car care centers, automotive fleet centers, local government fleet operators, and rental fleet operators. Colorado Revised Statutes 2019 Page 310 of 433 Uncertified Printout (16) "Waste tire hauler" means a person who transports ten or more waste tires in any one load. (17) "Waste tire monofill" means part or all of a solid wastes disposal site and facility that has been issued a certificate of designation and at which only waste tires are accepted. (18) "Waste tire processor" means a person who processes a waste tire into a tire-derived product. Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1577, § 1, effective July 1. L. 2019: (1) amended and (1.2), (1.5), (7.5), and (9.5) added, (SB 19-198), ch. 402, p. 3558, § 1, effective August 2. Editor's note: Section 7(2) of chapter 402 (SB 19-198), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019. 30-20-1403. Waste tire fee - distribution - rules - repeal. (1) (a) (I) (A) Until December 31, 2019, retailers of new motor vehicle tires and new trailer tires shall collect a waste tire fee in an amount of fifty-five cents per tire. The state treasurer shall credit the revenue from the fee assessed in this subsection (1)(a)(I)(A) to the waste tire administration, enforcement, market development, and cleanup fund created in section 30-20-1404. (B) This subsection (1)(a)(I) is repealed, effective July 1, 2020. (II) Effective January 1, 2020, and continuing through December 31, 2025, retailers of new motor vehicle tires and new trailer tires shall collect a waste tire fee in an amount to be set by the commission, by rule, not to exceed two dollars on the sale of each new tire; except that, effective on and after January 1, 2024, the waste tire fee is fifty-five cents on the sale of each new tire. (III) Effective January 1, 2020, the commission may review the fee on an annual basis and, by rule, adjust the fee amount in a manner consistent with the obligations set forth in subsection (2) of this section. The commission shall set the fee in an amount that is sufficient to: (A) Offset the department's direct and indirect costs of implementing this part 14, which costs must not exceed the equivalent of fifty cents for each new tire sold; and (B) Cover the rebate program described in section 30-20-1405. (IV) The receipt from the retailer to the customer for every new tire purchased must contain the following statement in the largest bold-faced type capable based on point-of-sale software and on existing invoice printers, not to exceed fifteen points: "Section 30-20-1403, Colorado Revised Statutes, requires retailers to collect a waste tire fee set by the solid and hazardous waste commission on the sale of each new motor vehicle tire and each new trailer tire." (b) The retailer shall submit to the department by the twentieth day of each month all fees collected pursuant to this section in the preceding month together with any report required by the department. The department shall transmit the fees to the state treasurer, who shall credit them in accordance with subsection (2) of this section or as specified in rules promulgated by the commission. (2) (a) From January 1, 2020, through December 31, 2025, the state treasurer shall distribute the revenue from the fee assessed in subsection (1) of this section as follows: Colorado Revised Statutes 2019 Page 311 of 433 Uncertified Printout (I) The portion of the fee collected to offset the costs described in subsection (1)(a)(III)(A) of this section to the waste tire administration, enforcement, market development, and cleanup fund created in section 30-20-1404; and (II) The portion of the fee collected to cover the costs described in subsection (1)(a)(III)(B) of this section to the end users fund created in section 30-20-1405. (III) (Deleted by amendment, L. 2019.) (b) (Deleted by amendment, L. 2019.) Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1579, § 1, effective July 1. L. 2019: (