Cross references: For elections, see title 1; for peace officers and firefighters, see article 5 of title 29; for state engineer, see article 80 of title 37; for state chemist, see part 4 of article 1 of title 25; for offenses against government, see article 8 of title 18; for the Uniform Records Retention Act, see article 17 of title 6.
ADMINISTRATION
ARTICLE 1
Administrative Organization Act of 1968
24-1-101. Legislative declaration. (1) The general assembly declares that this article 1 is necessary to create a structure of state government that is responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; to strengthen the powers of the governor and provide a reasonable span of administrative and budgetary controls within an orderly organizational structure of state government; to strengthen the role of the general assembly in state government; to encourage greater participation of the public in state government; to effect the grouping of state agencies into a limited number of principal departments primarily according to function; and to eliminate overlapping and duplication of effort. To the ends stated in this section, this article 1 shall be liberally construed.
(2) Since the general assembly enacted the Administrative Organization Act of 1968, which laid out the structure of the principal departments, assigned and transferred every entity into a principal department, and specified whether the entity was transferred by a type 1 or type 2 transfer or abolished by a type 3 transfer, the general assembly has determined that:
(a) The transfer language used in this article 1 is overly complicated, and the concept that a new entity obtains or retains its powers as if it were transferred, based on a reorganization that occurred in 1968, is an awkward way of expressing the entity's status;
(b) While the status of an entity is expressed in this article 1, the type 1 or type 2 status of the entity often is not specified in the organic statute that governs the entity, which is where a reader would typically look for this information;
(c) While there were many references to type 3 transfers by which entities were historically abolished, in 2022 the terminology used in the statutes was modernized to simply identify the new entity responsible for the powers, duties, and functions of the abolished entity without the use of the archaic type 3 transfer language; and
(d) The Colorado Revised Statutes would be improved by modernizing the means by which an entity's status is designated and the way in which an entity's powers, duties, and functions are expressed in the Administrative Organization Act of 1968 and in the organic statute where the entity is created.
Source: L. 68: p. 73, § 1. C.R.S. 1963: § 3-28-1. L. 2022: Entire section amended, (SB 22-162), ch. 469, p. 3349, § 2, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-102. Short title. This article shall be known and may be cited as the Administrative Organization Act of 1968.
Source: L. 68: p. 73, § 2. C.R.S. 1963: § 3-28-2.
24-1-103. Head of department defined. When the term head of a principal department is used in this article, it means the head of one of the principal departments created by this article. Unless the head of a principal department is a state elected official, he shall have the title of executive director of the department or such other title as specifically designated by this article.
Source: L. 68: p. 73, § 3. C.R.S. 1963: § 3-28-3.
24-1-104. Policy-making authority and administrative powers of governor - delegation. (Repealed)
Source: L. 68: p. 73, § 4. CRS 1963: § 3-28-4. L. 81: Entire section repealed, p. 1126, § 1, effective June 29.
24-1-104.1. State education standards review - review committees convened by department of education - youth participation - definition. By September 1, 2023, and by each September 1 thereafter, the commissioner of education shall appoint youth representatives from nominations submitted by schools throughout the state to participate in the standards development process described in section 22-7-1005, which includes community engagement. The department of education shall select youth representatives from rural, small rural, and urban school districts, as those districts are designated by the department of education. The department of education shall promote the opportunities for youth involvement to schools throughout the state and request that schools nominate youth to serve as youth representatives. Youth representatives may be reimbursed for actual and reasonable expenses incurred in the performance of their duties and may receive a stipend for participation in an amount to be determined by the department of education. For the purposes of this section, youth means the age of eligibility for membership in the Colorado youth advisory council, as set forth in section 2-2-1303 (1)(b)(I).
Source: L. 2023: Entire section added, (SB 23-008), ch. 113, p. 403, § 1, effective August 7.
24-1-105. Types of entities defined - creation of new entities - transfers of existing entities. (1) The following definitions apply to every statute, unless the context otherwise requires:
(a) Entity means a principal department of the state or any division, institution, or part of a principal department, or any agency, board, commission, or unit of state government that is created in or assigned to a principal department of the state. Entity includes an individual carrying out powers or exercising duties or functions.
(b) Type 1 entity means an entity that is administered under the direction and supervision of a principal department established in this article 1, but exercises its prescribed statutory powers and performs its prescribed duties and functions, including rule-making, regulation, licensing, and registration; the promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications, independently of the head of the principal department. Under a type 1 entity, any powers, duties, and functions not specifically vested by statute in the entity, including, but not limited to, all budgeting, purchasing, planning, and related management functions of the entity, are performed under the direction and supervision of the head of the principal department.
(c) Type 2 entity means an entity whose statutory authority, powers, duties, and functions, including the functions of budgeting, purchasing, and planning, are under the direction and supervision of the head of the principal department.
(2) When a new entity is created, the entity exercises its powers and performs its duties and functions in the principal department in which it is created as a type 1 or type 2 entity, as specified in law. When an existing entity is transferred from one principal department to another principal department, the entity exercises its powers and performs its duties and functions in the principal department to which it was transferred as a type 1 or type 2 entity, as specified in law. When an existing entity is abolished, all or part of the powers, duties, and functions of the abolished entity as well as its records, personnel, property, and unexpended balances of appropriations, allocations, or other money, may be transferred to another entity as specified in law.
Source: L. 68: p. 74, § 5. C.R.S. 1963: § 3-28-5. L. 73: p. 187, § 1. L. 74: (1) and (2) amended, p. 202, § 2, effective July 1. L. 2022: Entire section R&RE, (SB 22-162), ch. 469, p. 3350, § 3, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-106. Agencies not enumerated - continuation. Any board, commission, advisory board, or other entity not enumerated in this article, but established by law within or as advisory to an existing department, institution, or other agency shall continue to exercise all its powers, duties, and functions within or as advisory to such department, institution, or other agency under the principal department and the type of transfer to which such department, institution, or other agency is transferred under this article.
Source: L. 68: p. 74, § 6. C.R.S. 1963: § 3-28-6.
24-1-107. Internal organization of department - allocation and reallocation of powers, duties, and functions - limitations. In order to promote economic and efficient administration and operation of a principal department and notwithstanding any other provisions of law, except as provided in section 24-1-105, the head of a principal department, with the approval of the governor, may establish, combine, or abolish divisions, sections, and units other than those specifically created by law and may allocate and reallocate powers, duties, and functions to divisions, sections, and units under the principal department, but no substantive function vested by law in any officer, department, institution, or other agency within the principal department shall be removed from the jurisdiction of such officer, department, institution, or other agency under the provisions of this section.
Source: L. 68: p. 75, § 7. C.R.S. 1963: § 3-28-7. L. 73: p. 188, § 1.
Cross references: For the definition of head of a principal department, see § 24-1-103.
24-1-107.5. Nonprofit entities created or supported by state agencies and state-level authorities - requirements - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) State agencies and state-level authorities currently benefit from working with nonprofit entities in a variety of areas, including contracting with nonprofit entities to obtain goods or services, developing working relationships with nonprofit entities to further an agency's or authority's goals and objectives, and using nonprofit entities to obtain gifts, bequests, or donations;
(b) Although state agencies also benefit from the ability to create nonprofit entities to assist them in carrying out their statutory powers and duties, the expenditure of state revenues through nonprofit entities created by state agencies hampers the general assembly's ability to adequately perform its duties of monitoring state revenues and ensuring that sufficient revenues are available for appropriations to the executive, legislative, and judicial branches of government;
(c) In order for the general assembly to carry out its duties to plan for and monitor state revenues, it is the intent of the general assembly to establish specific statutory requirements for the creation of nonprofit entities by state agencies to perform their statutory powers and duties and to establish accountability requirements for certain nonprofit entities formed for the benefit of state agencies; and
(d) It is the further intent of the general assembly to:
(I) Monitor the creation of nonprofit entities by state-level authorities where the creation of such entities could affect the purpose for which such authorities were established by imposing specific reporting requirements upon those authorities intending to create such entities; and
(II) Retain the laws applicable to the separate identity of nonprofit entities created by or on behalf of state agencies.
(2) (a) (I) Except as otherwise provided in subsection (3) of this section, commencing July 1, 1999, no state agency or employee or agent acting on behalf of such agency shall establish a nonprofit entity without specific statutory authority if:
(A) The purpose of establishing a nonprofit entity is to carry out the governmental functions of the state agency; and
(B) The state agency or an employee or agent acting on behalf of such agency has actual control over the management and internal operations of the nonprofit entity.
(II) The provisions of this paragraph (a) shall not limit:
(A) The office of the governor;
(B) State-supported institutions of higher education from using nonprofit entities, such as foundations, institutes, or similar organizations, as authorized in section 23-5-112, C.R.S.;
(C) State-supported institutions of higher education from issuing revenue bonds or pledging revenues as authorized in sections 23-5-102, 23-5-103, 23-70-107, and 23-70-108, C.R.S.;
(D) The Colorado educational and cultural facilities authority from financing facilities and capital expenditures or refunding or refinancing outstanding indebtedness as authorized in sections 23-15-107 to 23-15-110, C.R.S.;
(E) State-supported institutions of higher education from creating or using nonprofit entities to issue obligations for or assist in the financing of capital expenditures on behalf of or for the benefit of such institutions; and
(F) The Colorado school for the deaf and the blind, as provided for in article 80 of title 22, C.R.S., from using nonprofit entities, such as foundations, institutes, or similar organizations, as authorized in section 22-80-103, C.R.S.
(b) No later than September 1, 1999, each state agency shall provide to the state auditor a list of all nonprofit entities in existence on July 1, 1999, that were established by the state agency or an employee or agent acting on behalf of such agency and that meet the criteria set forth in sub-subparagraphs (A) and (B) of subparagraph (I) of paragraph (a) of this subsection (2), along with a copy of each nonprofit entity's most recent annual audit report or, if such entity has not been audited, the entity's most recent annual financial statement.
(c) The provisions of this subsection (2) do not apply to:
(I) Repealed.
(II) Any nonprofit corporation created by the board of regents of the university of Colorado pursuant to section 23-20-114 (2), C.R.S.; or
(III) Any private nonprofit corporation created by any state-supported institution of higher education, as authorized under section 23-5-121, C.R.S., for the purpose of developing discoveries and technology resulting from science and technology research at such institution of higher education.
(3) A state-supported institution of higher education may establish a nonprofit entity that would otherwise require specific statutory authority under paragraph (a) of subsection (2) of this section upon a finding by the governing board of the institution that establishing the nonprofit entity would be in the best interests of the institution.
(4) (a) (I) Except as otherwise provided in sections 23-5-112 (3) and 23-5-121, C.R.S., subparagraph (II) of this paragraph (a), and paragraph (b) of this subsection (4), any nonprofit entity created by or on behalf of a state agency under paragraph (a) of subsection (2) of this section or subsection (3) of this section and any nonprofit entities reported under paragraph (b) of subsection (2) of this section shall be subject to an annual audit by the state auditor or his or her designee as required for state agencies under section 2-3-103 (1), C.R.S.
(II) The provisions of this paragraph (a) do not apply to any nonprofit corporation created by the board of regents of the university of Colorado pursuant to section 23-20-114 (2), C.R.S.
(b) If any nonprofit entity, created for the sole benefit of one or more state-supported institutions of higher education, issues obligations to finance capital expenditures for the benefit of the institution or institutions and pledges payments to be received from the institution or institutions in repayment of such obligations, such capital financing activities are subject to the same audit requirements imposed for gifts and bequests received by a nonprofit entity under section 23-5-112 (3), C.R.S.
(5) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), beginning July 1, 1999, each state-level authority intending to create or participate in the creation of a nonprofit entity shall file a statement with the state auditor regarding its intent to create such entity. The statement shall include information about the purpose and use of the nonprofit entity. The state-level authority shall file such statement at least thirty days prior to the incorporation of the nonprofit entity.
(II) For purposes of the requirements specified in this paragraph (a), the office of the governor, the university of Colorado hospital authority, created in part 5 of article 21 of title 23, C.R.S., and the Denver health and hospital authority created in part 1 of article 29 of title 25, C.R.S., shall not be required to provide notice of its intent to create a nonprofit entity or to disclose any information relating to the modification, initiation, or cessation of patient care programs if the disclosure of such information would give an unfair competitive or bargaining advantage to any person or entity.
(b) For fiscal years ending after June 30, 1999, each state-level authority shall report the annual financial activities of any nonprofit entity it has created in conjunction with the filing of its annual financial audit report with the state auditor as required under section 29-1-603, C.R.S. The reporting of such financial activities may be a part of the audited financial statements if the financial activities are separately identified or the reporting may be performed separately.
(6) (a) Except as provided in this section or other applicable law, any nonprofit entity supported by or established by or on behalf of a state agency shall not be an agency or department of state government and shall not be subject to any provisions of law affecting only governmental or public entities. The state of Colorado or the applicable state agency shall not be held responsible for any debt or liability incurred by any nonprofit entity supported by or established by or on behalf of a state agency, except as otherwise provided by law.
(b) The provisions of this subsection (6) shall apply to any nonprofit entity supported by or created by or on behalf of a state agency regardless of whether such entity is subject to the requirements specified in this section.
(7) For purposes of this section:
(a) Nonprofit entity means a nonprofit corporation created under the Colorado Revised Nonprofit Corporation Act, articles 121 to 137 of title 7, C.R.S. Nonprofit entity may include, but is not limited to, a corporation, a partnership, a joint venture, a foundation, and an institute.
(b) State agency means an agency as defined in section 24-3-101 or an institution of higher education.
(c) State-level authority means a special purpose authority as defined in section 24-77-102 (15) and excludes nonprofit entities created by and for local governmental entities, such as municipalities, counties, city and counties, school districts, and special districts.
Source: L. 95: Entire section added, p. 460, § 1, effective May 16. L. 99: Entire section R&RE, p. 1350, § 1, effective June 3. L. 2003: (2)(a)(II)(D) and (2)(a)(II)(E) amended and (2)(a)(II)(F) added, p. 1585, § 18, effective September 1. L. 2011: (3) amended, (HB 11-1301), ch. 297, p. 1420, § 10, effective August 10. L. 2018: (2)(c)(I) repealed, (HB 18-1375), ch. 274, p.1704, § 32, effective May 29.
24-1-108. Appointment of officers and employees - repeal. (1) Any provisions of law to the contrary notwithstanding and subject to the provisions of the constitution of the state of Colorado, the head of a principal department shall be appointed by the governor, with the consent of the senate. The head of a principal department shall appoint all subordinate officers and employees of his or her office and the head of each division under his or her department, and the head of each division shall appoint all employees in his or her division, but all appointments made by the head of a principal department and heads of divisions shall be made in accordance with section 24-2-102.
(2) In the event that the lieutenant governor is appointed during his or her term of office to concurrently serve as the head of a principal department:
(a) Acceptance or retention of such an appointment shall not result in a forfeiture of the office of lieutenant governor; and
(b) It shall be deemed that holding the office of lieutenant governor while concurrently serving as the head of a principal department is not incompatible, inconsistent, or in conflict with the duties of the lieutenant governor or with the duties, powers, and functions of the head of a principal department.
(3) Repealed.
(4) In the event that the lieutenant governor is appointed during his or her term of office to concurrently serve as the director of the office of saving people money on healthcare within the office of the governor:
(a) Acceptance or retention of such an appointment shall not result in a forfeiture of the office of lieutenant governor; and
(b) It shall be deemed that holding the office of lieutenant governor while concurrently serving as the director of the office of saving people money on healthcare is not incompatible, inconsistent, or in conflict with the duties of the lieutenant governor or with the duties, powers, and functions of the director of the office of saving people money on healthcare.
Source: L. 68: p. 75, § 8. C.R.S. 1963: § 3-28-8. L. 71: p. 103, § 5. L. 2011: Entire section amended, (HB 11-1155), ch. 90, p. 264, § 1, effective April 6. L. 2016: (2) amended and (3) added, (HB 16-1462), ch. 192, p. 680, § 1, effective May 26. L. 2019: (4) added, (HB 19-1127), ch. 310, p. 2808, § 1, effective May 28.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective January 10, 2019. (See L. 2016, p. 680.)
Cross references: For the appointment of officers by governor, see § 6 of art. IV, Colo. Const.
24-1-109. Office of the governor. The powers, duties, and functions now vested by law in the office of the governor are continued. Temporary commissions, unless otherwise provided, when established by law or by the governor, shall be units of the office of the governor. Interstate compacts authorized by law shall be administered under the direction of the office of the governor.
Source: L. 68: p. 75, § 9. C.R.S. 1963: § 3-28-9. L. 70: p. 104, § 1. L. 71: pp. 119, 1062, §§ 7, 4.
Cross references: For the constitutional powers of the governor, see §§ 2 and 5 to 12 of art. IV, Colo. Const.
24-1-110. Principal departments. (1) In accordance with the provisions of section 22 of article IV of the state constitution, all executive and administrative offices, agencies, and instrumentalities of the executive department of the state government and their respective functions, powers, and duties, except as otherwise provided by law, are allocated among and within the following principal departments created by this article 1:
(a) Department of state;
(b) Department of the treasury;
(c) Department of law;
(d) Department of higher education;
(e) Department of education;
(f) Repealed.
(g) Department of revenue;
(h) (Deleted by amendment, L. 93, p. 1087, § 3, effective July 1, 1994.)
(i) Department of public health and environment;
(j) (Deleted by amendment, L. 93, p. 1087, § 3, effective July 1, 1994.)
(k) Department of labor and employment;
(l) Department of regulatory agencies;
(m) Department of agriculture;
(n) Department of natural resources;
(o) Department of local affairs;
(p) (Deleted by amendment, L. 91, p. 1054, § 4, effective July 1, 1991.)
(q) Department of military and veterans affairs;
(r) Department of personnel;
(s) Repealed.
(t) Department of corrections;
(u) Department of public safety;
(v) Department of transportation;
(w) Department of human services;
(x) Department of health care policy and financing;
(y) Department of early childhood.
Source: L. 68: p. 75, § 10. C.R.S. 1963: § 3-28-10. L. 72: p. 577, § 5. L. 74: (1)(t) added, p. 202, § 3, effective May 17. L. 77: (1)(t) amended, p. 950, § 14, effective July 13. L. 83: (1)(u) added and (1)(s) repealed, pp. 960, 971, §§ 2, 28, effective July 1, 1984. L. 91: Entire section amended, p. 1054, § 4, effective July 1. L. 93: Entire section amended, p. 1087, § 3, effective July 1, 1994. L. 95: (1)(f) repealed, p. 622, § 1, effective July 1. L. 2002: (1)(q) amended, p. 357, § 10, effective July 1. L. 2021: IP(1) amended and (1)(y) added, (HB 21-1304), ch. 307, p. 1846, § 2, effective July 1, 2022.
Cross references: (1) For legislative oversight of principal departments, see article 7 of title 2; for the establishment of the office of state planning and budgeting within the office of the governor, see article 37 of this title.
(2) For the legislative declaration contained in the 1995 act repealing subsection (1)(f), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration contained in the 2002 act amending subsection (1)(q), see section 1 of chapter 121, Session Laws of Colorado 2002.
24-1-111. Department of state - creation. (1) There is hereby created a department of state, the head of which shall be the secretary of state.
(2) The department of state and the office of secretary of state, created in article IV of the state constitution, are type 2 entities as defined in section 24-1-105, and exercise their powers and perform their duties and functions as vested by law in the department and office, subject to the state constitution.
(3) The department of state includes the electronic recording technology board established in section 24-21-402 (1). The electronic recording technology board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of state.
Source: L. 68: p. 76, § 11. C.R.S. 1963: § 3-28-11. L. 2016: (3) added, (SB 16-115), ch. 356, p. 1477, § 2, effective June 10. L. 2022: (2) and (3) amended, (SB 22-162), ch. 469, p. 3351, § 5, effective August 10.
Cross references: (1) For the creation of the department of state and office of secretary of state, see also §§ 1 and 22 of art. IV, Colo. Const.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-112. Department of the treasury - creation. (1) There is hereby created a department of the treasury, the head of which shall be the state treasurer.
(2) (a) The department of the treasury, created in article 36 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law and subject to the state constitution.
(b) The office of the state treasurer is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as vested by law or the state constitution in the office of the state treasurer, subject to the state constitution.
Source: L. 68: p. 76, § 12. C.R.S. 1963: § 3-28-12. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3352, § 7, effective August 10.
Cross references: (1) For the creation of the treasury department and office of state treasurer, see §§ 1 and 22 of art. IV, Colo. Const.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-113. Department of law - creation. (1) There is hereby created a department of law, the head of which shall be the attorney general.
(2) Except as otherwise provided in this article 1 or by law:
(a) The department of law, created in article 31 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law and subject to the state constitution.
(b) The office of the attorney general is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as vested in the office of the attorney general by law or the state constitution.
(3) and (4) Repealed.
Source: L. 68: p. 76, § 13. C.R.S. 1963: § 3-28-13. L. 73: pp. 176, 1476, §§ 3, 38. L. 77: (4) added, p. 633, § 7, effective July 1. L. 83: (4)(b) repealed, p. 522, § 2, effective March 15. L. 84: (3)(c) added, p. 1047, § 2, effective July 1. L. 92: (3)(d) added, p. 1091, § 1, effective March 6. L. 93: (3)(c) repealed, p. 974, § 1, effective July 1. L. 94: IP(3) amended, p. 1725, § 1, effective May 31. L. 2017: (4)(a) amended, (HB 17-1238), ch. 260, p. 1173, § 19, effective August 9. L. 2020: IP(3), (3)(a), (3)(b), (3)(d), and (4)(a) repealed, (SB 20-063), ch. 12, p. 48, § 1, effective September 14. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3352, § 8, effective August 10.
Cross references: (1) For creation of the department of law and office of attorney general, see also §§ 1 and 22 of art. IV, Colo. Const.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-114. Department of higher education - creation. (1) There is hereby created a department of higher education, the head of which shall be the executive director of the Colorado commission on higher education, who shall be appointed by the governor and whose powers and duties are as specified in this section.
(2) The Colorado commission on higher education and the office of executive director of the commission, created in article 1 of title 23, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education.
(2.5) Repealed.
(3) The department of higher education includes the following divisions:
(a) Repealed.
(b) The state historical society, created in part 2 of article 80 of this title 24. The state historical society is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as a division of the department of higher education.
(c) The student loan division, created in article 3.1 of title 23. The division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education.
(d) The private occupational school division, created in article 64 of title 23. The private occupational school board, created by section 23-64-107, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of higher education. The division, except for the private occupational school board, and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education and the executive director of the department.
(4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:
(a) The regents of the university of Colorado, created by section 12 of article IX of the state constitution, and the university of Colorado, created by section 5 of article VIII of the state constitution;
(b) The board of governors of the Colorado state university system, created by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 31.5 of title 23, C.R.S.;
(c) (Deleted by amendment, L. 2003, p. 792, § 17, effective July 1, 2003.)
(d) The board of trustees for the university of northern Colorado, created by section 23-40-104 (1), C.R.S., and the university of northern Colorado at Greeley, created by article 40 of title 23, C.R.S.;
(e) The board of trustees of the Colorado school of mines, created by article 41 of title 23, C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the state constitution;
(f) State board for community colleges and occupational education and the offices of director of occupational education and director of community and technical colleges, created by article 60 of title 23, C.R.S.;
(g) Repealed.
(h) The board of trustees for Adams state university, created by article 51 of title 23, C.R.S.;
(i) The board of trustees for Colorado Mesa university, created by article 53 of title 23, C.R.S.;
(j) The board of trustees for Metropolitan state university of Denver, created by article 54 of title 23, C.R.S.;
(k) The board of trustees for Western Colorado university, created by article 56 of title 23;
(l) The board of trustees for Fort Lewis College, created by article 52 of title 23, C.R.S.
(5) (a) With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments.
(b) With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.
(6) The office of state archaeologist, created in part 4 of article 80 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as a section within the state historical society.
Source: L. 68: p. 77, § 14. C.R.S. 1963: § 3-28-14. L. 72: p. 577, § 6. L. 73: p. 1384, § 2. L. 75: (4)(c)(V) added and (4)(d) amended, p. 214, §§ 37, 38, effective July 16. L. 77: (4)(c)(III) amended, p. 281, § 29, effective June 29. L. 79: (3)(c) added, p. 823, § 2, effective July 1. L. 83: (2.5) added, p. 803, § 8, effective June 3; (4)(b) amended and (4)(c)(III) repealed, § 9, p. 2049, effective October 14. L. 85: (3)(c) amended, p. 1361, § 17, effective June 28. L. 88: IP(4)(c) and (4)(c) amended, p. 863, § 23, effective July 1. L. 90: (3)(d) added and (4)(c)(II) amended, pp. 1159, 1156, §§ 3, 14, effective July 1. L. 92: (3)(a) amended, p. 561, § 4, effective March 25. L. 93: (4)(g) added, p. 926, § 1, effective May 28. L. 95: (1) amended, p. 1102, § 34, effective May 31. L. 98: (3)(d) amended, p. 50, § 28, effective March 17. L. 99: (2.5) repealed, p. 876, § 2, effective July 1. L. 2000: (4)(g) repealed, p. 1569, § 2, effective July 1. L. 2002: (4)(b) amended, p. 1246, § 17, effective August 7; (4)(b) amended, p. 709, § 10, effective July 1, 2003. L. 2003: (4)(c) amended and (4)(h), (4)(i), (4)(j), and (4)(k) added, p. 792, § 17, effective July 1. L. 2004: (5)(b) amended, p. 718, § 6, effective July 1. L. 2005: (5)(b) amended, p. 767, § 35, effective June 1. L. 2006: (3)(a) amended, p. 1658, § 2, effective July 1. L. 2008: (3)(d) amended, p. 1482, § 26, effective May 28. L. 2010: (4)(b) amended and (4)(l) added, (HB 10-1422), ch. 419, p. 2081, § 58, effective August 11. L. 2011: (4)(i) amended, (SB 11-265), ch. 292, p. 1368, § 25, effective August 10. L. 2012: (4)(h) amended, (HB 12-1080), ch. 189, p. 761, § 24, effective May 19; (4)(j) amended, (SB 12-148), ch. 125, p. 428, § 19, effective July 1; (4)(k) amended, (HB 12-1331), ch. 254, p. 1271, § 19, effective August 1. L. 2013: (4)(b) amended, (HB 13-1300), ch. 316, p. 1680, § 46, effective August 7. L. 2014: (5)(b) amended, (HB 14-1319), ch. 169, p. 614, § 15, effective May 9. L. 2017: (5)(b) amended, (SB 17-297), ch. 210, p. 822, § 21, effective May 18; (3)(d) amended, (HB 17-1239), ch. 261, p. 1207, § 17, effective August 9. L. 2019: (4)(k) amended, (HB 19-1178), ch. 400, p. 3547, § 19, effective July 1. L. 2020: (5)(b) amended, (HB 20-1366), ch. 181, p. 835, § 17, effective July 1, 2021. L. 2022: (2), IP(3), (3)(b), (3)(c), (3)(d), and (6) amended, (SB 22-162), ch. 469, p. 3353, § 10, effective August 10. L. 2025: (5)(b) amended, (SB 25-233), ch. 119, p. 483, § 5, effective April 25.
Editor's note: (1) Amendments to subsection (4)(b) by House Bill 02-1260 and House Bill 02-1324 were harmonized.
(2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (See L. 2006, p. 1658.)
Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (5)(b), see section 1 of chapter 6, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act amending subsection (4)(i), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (4)(j), see section 1 of chapter 125, Session Laws of Colorado 2012.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-115. Department of education - creation. (1) There is hereby created a department of education, the head of which shall be the commissioner of education, who shall be appointed by the state board of education.
(2) The state board of education, created in part 1 of article 2 of title 22, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education, subject to the state constitution.
(3) The state department of education and the office of the commissioner of education, created in part 1 of article 2 of title 22, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education, subject to the state constitution.
(4) The department of education includes the state library, the ex officio head of which is the commissioner of education. The state library, created in article 90 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education as a division thereof, the commissioner of education, and the state board of education.
(5) The powers, duties, and functions of the department of education and the state board of education include the powers, duties, and functions of the state board of teacher certification, created in article 1 of chapter 123, C.R.S. 1963, and the state board of teacher certification is abolished.
(6) Repealed.
(7) (Deleted by amendment, L. 2003, p. 1586, § 19, effective July 1, 2004.)
(8) The department of education includes the Colorado school for the deaf and the blind, as provided for in article 80 of title 22, and the board of trustees of the Colorado school for the deaf and the blind, created in section 22-80-103. The Colorado school for the deaf and the blind and the board of trustees of the Colorado school for the deaf and the blind are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education.
(9) The department of education includes the state charter school institute established in section 22-30.5-503. The state charter school institute is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education.
(10) The department of education includes the division of online learning and the office of the director of the division established in section 22-30.7-103. The division of online learning and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education.
(11) (a) The department of education includes the division of public school capital construction assistance and the director of the division established in section 22-43.7-105. The division of public school capital construction and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education.
(b) The department of education includes the public school capital construction assistance board established in section 22-43.7-106. The public school capital construction assistance board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education.
(12) The department of education includes the office of facility schools and the office of the director of the office of facility schools established in section 22-2-403. The office of facility schools and the office of the director of the facility schools unit are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education.
(13) The department of education includes the facility schools board established in section 22-2-404. The facility schools board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education.
(14) The department of education includes the Colorado state advisory council for parent involvement in education created in section 22-7-303. The Colorado state advisory council for parent involvement in education is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education, the commissioner of education, and the state board of education.
(15) The department of education includes the office of dropout prevention and student re-engagement and the director of the office, established in section 22-14-103. The office of dropout prevention and student re-engagement and the director of the office are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education, the commissioner of education, and the state board of education.
(16) The department of education includes the concurrent enrollment advisory board created in section 22-35-107. The concurrent enrollment advisory board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education, the commissioner of education, and the state board.
Source: L. 68: p. 78, § 15. C.R.S. 1963: § 3-28-15. L. 75: (4)(c)(V) and (6) added and (4)(d) amended, p. 681, § 2, effective July 16. L. 77: (7) added, § 4, effective July 1. L. 2003: (7) amended and (8) added, p. 1586, § 19, effective July 1, 2004. L. 2004: (9) added, p. 1649, § 58, effective July 1. L. 2007: (10) added, p. 1084, § 4, effective July 1. L. 2008: (11) added, p. 1063, § 5, effective May 22; (12) and (13) added, p. 1381, § 2, effective May 27; (6) repealed, p. 1902, § 88, effective August 5. L. 2009: (15) added, (HB 09-1243), ch. 290, p. 1424, § 7, effective May 21; (16) added, (HB 09-1319), ch. 286, p. 1322, § 12, effective May 21; (14) added, (SB 09-090), ch. 291, p. 1445, § 20, effective August 5. L. 2022: (2), (3), (4), (5), (8), (9), (10), (11), (12), (13), (14), (15), and (16) amended, (SB 22-162), ch. 469, p. 3355, § 18, effective August 10. L. 2023: (12) amended, (SB 23-219), ch. 88, p. 335, § 18, effective April 20.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-116. Department of administration - creation. (Repealed)
Source: L. 68: p. 78, § 16. C.R.S. 1963: § 3-28-16. L. 70: p. 107, § 4. L. 71: pp. 103, 117, 119, 316, §§ 6, 1, 7, 21. L. 74: (3) repealed, p. 204, § 9, July 1. L. 75: (2)(g) added and (1)(l) and (2)(b) repealed, pp. 214, 822, §§ 39, 21, effective July 18. L. 76: (2)(h) added, p. 582, § 13, effective May 24. L. 77: (4)(b) amended, p. 1176, § 2, effective May 18; (2)(i) added, p. 1177, § 1, effective June 20. L. 79: (5) added, p. 886, § 3, effective July 1. L. 81: (2)(a) amended, p. 1286, § 3, effective January 1, 1982. L. 83: (2)(g) R&RE, p. 888, § 2, effective July 1. L. 85, 1st Ex. Sess.: p. 9, §§ 2, 3. L. 86: (3), (2)(j)(II), and (6) repealed, (1) amended, and (2)(d.5) added, pp. 757, 884, 900, 1225, §§ 13, 3, 2, 47, effective May 30. L. 87: (2)(h) amended, (8) added, and (2)(d) repealed, pp. 960, 983, 984, 1103, §§ 63, 3, 7, 2, effective July 1. L. 88: (4)(c) amended, p. 1435, § 29, effective June 11. L. 89: (2)(d.5) amended, p. 1024, § 1, effective March 9; (4)(c) and (7) repealed, pp. 491, 1646, §§ 23, 21, effective July 1. L. 90: (4)(d) amended, p. 1840, § 17, effective May 31. L. 94: (2)(d.5) amended, p. 48, § 1, effective March 11. L. 95: Entire section repealed, p. 622, § 2, effective July 1.
24-1-117. Department of revenue - creation. (1) There is hereby created a department of revenue, the head of which shall be the executive director of the department of revenue, who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(2) The department of revenue and the office of the executive director of the department of revenue are created in article 35 of this title 24. The executive director of the department of revenue is a type 2 entity, as defined in section 24-1-105, and exercises the director's powers and performs the director's duties and functions under the department of revenue.
(3) The powers, duties, and functions of the department of revenue and the liquor enforcement division, which is created in subsection (4)(a) of this section, include the powers, duties, and functions with respect to fermented malt beverages and malt, vinous, and spirituous liquors pursuant to the provisions of articles 3, 4, and 5 of title 44 that were formerly vested in the secretary of state.
(4) (a) The department of revenue consists of the following divisions:
(I) and (II) (Deleted by amendment, L. 2000, p. 1632, § 1, effective June 1, 2000.)
(III) Repealed.
(IV) The liquor enforcement division, which is a type 2 entity, as defined in section 24-1-105;
(V) The state lottery division, including the Colorado lottery commission created in section 44-40-108, and the director of the state lottery division, created in section 44-40-102, which are type 2 entities, as defined in section 24-1-105;
(VI) The division of racing events created in section 44-32-201 (1), the director of the division of racing events, and the Colorado racing commission, created in section 44-32-301 (1), which are type 2 entities, as defined in section 24-1-105;
(VII) The division of gaming created in section 44-30-201, the director of the division of gaming, and the Colorado limited gaming control commission, created in section 44-30-301, which are type 2 entities, as defined in section 24-1-105.
(VIII) (Deleted by amendment, L. 2005, p. 1185, § 41, effective August 8, 2005.)
(IX) Such other groups, divisions, sections, and units as the executive director of the department of revenue may create pursuant to section 24-35-103;
(X) The auto industry division, created in section 44-20-105. The division is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of revenue;
(XI) The state licensing authority created in section 44-10-201; and
(XII) The natural medicine division, created in section 44-50-201, which is a type 2 entity, as defined in section 24-1-105.
(b) Repealed.
(c) (I) Whenever any law of this state or any rule promulgated under the laws of this state refers to the division of enforcement of the department of revenue, such law or rule shall be deemed to refer to the department of revenue.
(II) Repealed.
(5) The motor carrier services division, created in section 42-8-103 (1), C.R.S., prior to the repeal of said subsection (1) by House Bill 12-1019, enacted in 2012, is abolished, and its powers, duties, and functions are transferred by type 3 transfers as follows:
(a) The powers, duties, and functions of its ports of entry section are transferred to the department of public safety and allocated to the Colorado state patrol.
(b) Its powers, duties, and functions relating to commercial driver's licenses and the international registration plan are transferred to the department of revenue.
Source: L. 68: p. 80, § 17. C.R.S. 1963: § 3-28-17. L. 71: p. 104, § 7. L. 73: p. 1475, § 37. L. 81: (4) amended, p. 1885, § 8, effective January 1, 1982. L. 82: (4) amended, pp. 385, 643, §§ 4, 4, effective April 30. L. 86: (1) amended, p. 885, § 4, effective May 23. L. 87: (4) amended, p. 865, § 1, effective June 20. L. 91: (4) amended, p. 1591, § 13, effective June 4. L. 93: (4) amended, p. 1783, § 53, effective June 6; (4) amended, p. 1033, § 15, effective July 1; (4) amended, p. 1237, § 6, effective July 1. L. 94: (4)(b) repealed, p. 692, § 1, effective April 19. L. 96: (4)(a) amended, p. 1545, § 1, effective July 1. L. 2000: (4) amended, p. 1632, § 1, effective June 1. L. 2005: (4)(a) amended, p. 17, § 2, effective July 1; (4)(a)(VII) and (4)(a)(VIII) amended, p. 1185, § 41, effective August 8. L. 2012: (4)(a)(III) and (4)(c)(II) repealed and (5) added, (HB 12-1019), ch. 135, p. 463, § 1, effective July 1. L. 2017: (4)(a)(VII) and (4)(a)(IX) amended and (4)(a)(X) added, (SB 17-240), ch. 395, p. 2055, § 27, effective July 1. L. 2018: (4)(a)(X) amended, (SB 18-030), ch. 7, p. 139, § 9, effective October 1. L. 2019: (3) amended, (SB 19-241), ch. 390, p. 3468, § 24, effective August 2. L. 2022: (2), (3), IP(4)(a), (4)(a)(IV), (4)(a)(V), (4)(a)(VI), (4)(a)(VII), and (4)(a)(X) amended and (4)(a)(XI) added, (SB 22-162), ch. 469, p. 3361, § 32, effective August 10. L. 2023: (4)(a)(X) and (4)(a)(XI) amended and (4)(a)(XII) added, (SB 23-290), ch. 249, p. 1389, § 18, effective July 1.
Editor's note: (1) Amendments to subsection (4) by House Bills 93-1034, 93-1268, and 93-1342 were harmonized.
(2) Section 45 of chapter 249 (SB 23-290), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after July 1, 2023.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-118. Department of institutions - creation. (Repealed)
Source: L. 68: p. 81, § 18. C.R.S. 1963: § 3-28-18. L. 71: pp. 104, 689, §§ 8, 2. L. 73: p. 394, § 7. L. 75: (5) added, p. 214, § 40, effective July 16. L. 77: (3)(n) repealed, p. 293, § 7, effective May 26; (3)(l) repealed, p. 1095, § 5, effective July 1; (3)(a), (3)(b), and (3)(m) repealed, p. 955, § 37, effective August 1. L. 79: (6) added, p. 1119, § 2, effective July 1. L. 83: (3)(d), (3)(e), (3)(f) amended, p. 1160, § 17, effective April 26. L. 85: (3)(g) and (3)(h) amended, p. 710, § 8, effective March 30. L. 86: (1) amended, p. 885, § 5, effective May 23. L. 87: (5) amended, p. 819, § 31, effective July 10. L. 88: (3)(j) and (3)(k) repealed, pp. 754, 1431, §§ 5, 10, effective June 11. L. 89: (5)(b) repealed and (5.5) added, p. 922, §§ 9, 7, effective July 1. L. 91: (3)(c) and (3)(i) amended, p. 1144, § 10, effective May 18. L. 93: (7) added by revision, pp. 1088, 1168, §§ 4, 151.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 1994. (See L. 93, pp. 1088, 1168.)
24-1-119. Department of public health and environment - creation. (1) There is hereby created a department of public health and environment. The head of the department shall be the executive director of the department of public health and environment. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(2) The state board of health, created in part 1 of article 1 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(3) The water quality control commission, created in part 2 of article 8 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. Anything in this article 1 to the contrary notwithstanding, the state board of health has no powers, duties, or functions with respect to water pollution control.
(4) Except for the state board of health, the state department of public health and the office of the executive director thereof, created by part 1 of article 1 of title 25, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of public health and environment.
(5) The department of public health and environment consists of the following divisions:
(a) The division of administration. The division of administration, created in part 1 of article 1 of title 25, except for the office of the executive director of the department of public health and environment, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(b) (Deleted by amendment, L. 93, p. 1089, § 5, effective July 1, 1994.)
(c) The prevention services division, created in article 20.5 of title 25, which is a type 2 entity, as defined in section 24-1-105.
(6) The division of administration includes the following:
(a) The office of state chemist, created in part 4 of article 1 of title 25. The office of the state chemist is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment as a section of the division of administration.
(b) The office of state registrar of vital statistics, created in article 2 of title 25. The office of state registrar of vital statistics is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(c) Repealed.
(d) The water and wastewater facility operators certification board, created in section 25-9-103. The water and wastewater facility operators certification board is a type 1 entity, as defined in section 24-1-105.
(6.3) and (6.5) Repealed.
(7) (a) The air quality control commission, created in part 1 of article 7 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. Anything in this article 1 to the contrary notwithstanding, the state board of health has no powers, duties, or functions with respect to air pollution other than as provided in section 25-7-111 (1).
(b) Repealed.
(c) The technical secretary of the air quality control commission, created in part 1 of article 7 of title 25, is a type 1 entity, as defined in section 24-1-105. The technical secretary of the air quality control commission exercises its powers and performs its duties and functions under the department of public health and environment and is allocated to the air quality control commission.
(8) The solid and hazardous waste commission, created in part 3 of article 15 of title 25, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(9) and (10) Repealed.
(11) The office of health equity and the director of the office, created in section 25-4-2204, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public health and environment.
(12) The primary care office and the director of the office, created in part 4 of article 1.5 of title 25, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public health and environment.
(13) The clean fleet enterprise, created in section 25-7.5-103, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(14) The nursing home innovations grant board, created in section 25-1-107.5 (6)(a), is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(15) The Colorado coroners standards and training board, created in section 30-10-601.6, is a type 2 entity, as defined in section 24-1-105.
(16) The emergency medical practice advisory council, created in section 25-3.5-206, is a type 2 entity, as defined in section 24-1-105.
(17) The air quality enterprise, created in section 25-7-103.5 (3), is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
(18) The Colorado circular communities enterprise, created in section 25-16.5-109 (3), is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment.
Source: L. 68: p. 81, § 19. C.R.S. 1963: § 3-28-19. L. 70: pp. 237, 424, §§ 3, 4, 14. L. 71: pp. 104, 657, §§ 9, 2. L. 73: p. 751, § 2. L. 74: (6)(c) repealed, p. 277, § 6, effective July 1. L. 79: (7) amended, p. 1058, § 3, effective June 20. L. 82: (5)(b) amended, p. 603, § 4, effective May 2. L. 83: (7) amended, p. 2049, § 10, effective October 14. L. 84: (7)(b) repealed, p. 768, § 1, effective July 1. L. 86: (1) amended, p. 885, § 6, effective May 23. L. 92: (8) added, p. 1235, § 1, effective August 1. L. 93: Entire section amended, p. 1089, § 5, effective July 1, 1994. L. 2000: (5)(c) added, p. 586, § 13, effective May 18; (9) added, p. 1569, § 1, effective July 1. L. 2002: (6.5) added, p. 1574, § 2, effective June 7; (10) added, p. 427, § 2, effective July 1. L. 2004: (6.5) repealed, p. 862, § 3, effective May 21; (5)(c) amended, p. 113, § 1, effective August 4. L. 2006: (8) amended, p. 1138, § 25, effective July 1. L. 2007: (11) added, p. 904, § 1, effective May 15. L. 2009: (6.3) added, (HB 09-1111), ch. 396, p. 2141, § 4, effective June 2. L. 2013: (9) repealed, (HB 13-1117), ch. 169, p. 588, § 19, effective July 1; (6.3) repealed and (12) added, (HB 13-1074), ch. 150, p. 490, § 5, effective August 7; (10) repealed, (HB 13-1139), ch. 120, p. 407, § 1, effective August 7; (11) amended, (HB 13-1088), ch. 25, p. 64, § 9, effective August 7. L. 2021: (13) added, (SB 21-260), ch. 250, p. 1366, § 3, effective June 17; (14) added, (SB 21-128), ch. 302, p. 1818, § 3, June 23. L. 2022: (2), (3), IP(5), (5)(a), (5)(c), IP(6), (6)(a), (6)(b), (6)(d), (7)(a), (7)(c), (8), (11), (12), (13), and (14) amended and (15), (16), (17), and (18) added, (SB 22-162), ch. 469, p. 3363, § 39, effective August 10. L. 2024: (18) amended, (HB 24-1449), ch. 192, p. 1129, § 4, effective July 1. L. 2025: (5)(a) amended, (SB 25-300), ch. 428, p. 2448, § 26, effective August 6.
Cross references: (1) For employment of a technical secretary by the air quality control commission, see § 25-7-105 (3).
(2) For the legislative declaration in the 2013 act repealing subsection (9), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-119.5. Department of health care policy and financing - creation. (1) There is hereby created a department of health care policy and financing, the head of which shall be the executive director of the department of health care policy and financing, which office is hereby created. The governor shall appoint the executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(2) The powers, duties, and functions of the department of health care policy and financing include the powers, duties, and functions relating to the Colorado Medical Assistance Act, as specified in articles 4, 5, and 6 of title 25.5.
(3) and (4) Repealed.
(4.5) The powers, duties, and functions of the department of health care policy and financing include the powers, duties, and functions relating to the old age pension health and medical care program, as specified in section 25.5-2-101.
(5) The medical services board, created in part 3 of article 1 of title 25.5, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of health care policy and financing.
(6) (Deleted by amendment, L. 2006, p. 2007, § 68, effective July 1, 2006.)
(7) Repealed.
(8) The powers, duties, and functions of the department of health care policy and financing include the powers, duties, and functions relating to programs, services, and supports for persons with intellectual and developmental disabilities, as specified in article 10 of title 25.5. Such powers, duties, and functions are allocated to the division of intellectual and developmental disabilities, created in section 25.5-10-203 (2), which division is part of the office of community living, created in section 25.5-10-101. The office of community living and the division of intellectual and developmental disabilities are type 2 entities, as defined in section 24-1-105.
(9) The Colorado healthcare affordability and sustainability enterprise created in section 25.5-4-402.4 (3) is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of health care policy and financing.
Source: L. 93: Entire section added, p. 1091, § 6, effective July 1, 1994. L. 94: (5) added, p. 1559, § 3, effective July 1. L. 95: (6) added, p. 501, § 1, effective May 16. L. 98: (7) added, p. 458, § 18, effective April 21. L. 2001: (7) repealed, p. 917, § 15, effective August 8. L. 2003: (4.5) added, p. 2583, § 2, effective July 1. L. 2006: (2), (4), (4.5), and (6) amended, p. 2007, § 68, effective July 1. L. 2007: (3) repealed, p. 2032, § 45, effective June 1. L. 2011: (4.5) amended, (SB 11-210), ch. 187, p. 721, § 5, effective July 15, 2012. L. 2013: (8) added, (HB 13-1314), ch. 323, p. 1805, § 34, effective March 1, 2014. L. 2017: (9) added, (SB 17-267), ch. 267, p. 1440, § 6, effective July 1. L. 2022: (2), (4), (4.5), (5), (8), and (9) amended, (SB 22-162), ch. 469, p. 3370, § 58, effective August 10. L. 2024: (4)(b) added by revision, (HB 24-1399), ch. 76, pp. 255, 260, §§ 14, 33.
Editor's note: (1) Section 34 of chapter 267 (SB 17-267), Session Laws of Colorado 2017, provides that the section of the act amending this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. For more information, see SB 17-267. (L. 2017, p. 1477.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, amendments to this section took effect July 1, 2017.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2025. (See L. 2024, pp. 255, 260.)
Cross references: (1) For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-120. Department of human services - creation. (1) There is hereby created a department of human services, the head of which shall be the executive director of the department of human services, which office is hereby created. The governor shall appoint the executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(2) Except as otherwise provided in title 26, the powers, duties, and functions of the department of human services include the powers, duties, and functions of the former department of social services and the former department of institutions, and the department of social services and the department of institutions are abolished.
(3) The powers, duties, and functions of the department of human services include the powers, duties, and functions of the former state board of social services, created in article 1 of title 26, which is renamed as the state board of human services. The state board of human services is a type 1 entity, as defined in section 24-1-105.
(4) Unless otherwise transferred to the department of early childhood, department of health care policy and financing, or the department of public health and environment, the department of human services exercises the following powers and performs the following duties and functions:
(a) The powers, duties, and functions relating to public assistance and welfare;
(b) and (c) Repealed.
(5) The department of human services includes the following:
(a) The Colorado commission on the aging, created pursuant to section 26-11-101, and the office of the director of the commission, created pursuant to section 26-11-104, which are type 2 entities, as defined in section 24-1-105, and which exercise their powers and perform their duties and functions under the department of human services.
(b) The Colorado veterans community living center at Homelake, created pursuant to section 26-12-203, which is a type 2 entity, as defined in section 24-1-105.
(c) The Colorado veterans community living centers, created in part 2 of article 12 of title 26, which are type 2 entities, as defined in section 24-1-105.
(d) Repealed.
(e) The powers, duties, and functions regarding the state information agency pursuant to the Uniform Interstate Family Support Act, created in article 5 of title 14.
(f) The state office on aging, created in part 2 of article 11 of title 26. The state office on aging is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(g) The adoption intermediary commission, created in part 3 of article 5 of title 19. The adoption intermediary commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(g.5) The communication services for people with disabilities enterprise, created in article 21 of title 26. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(g.7) The division for the deaf, hard of hearing, and deafblind created in article 21 of title 26. The division is a type 2 entity, as defined in section 24-1-105, and exercises its powers and functions under the department.
(h) The Colorado commission for the deaf, hard of hearing, and deafblind advisory council, created in article 21 of title 26.
(i) and (j) Repealed.
(k) The board of commissioners of veterans community living centers, created in section 26-12-402. The board of commissioners of veterans community living centers is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(l) Repealed.
(m) The early childhood leadership commission created by part 3 of article 1 of title 26.5.
(6) The department consists of the following divisions, units, offices, and boards:
(a) and (b) Repealed.
(c) The juvenile parole board, created pursuant to section 19-2.5-1201. The juvenile parole board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services as a division thereof.
(d) Repealed.
(e) The division of youth services, created pursuant to section 19-2.5-1501, and the office of the director of the division of youth services are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of human services.
(f) The behavioral health administration established in article 50 of title 27. The behavioral health administration and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services.
(7) The department of human services shall supervise and control the following institutions, all of which are type 2 entities, as defined in section 24-1-105:
(a) Colorado mental health institute at Pueblo;
(b) Wheat Ridge regional center;
(c) Grand Junction regional center;
(d) Pueblo regional center;
(e) Lookout Mountain school at Golden;
(f) Mount View school at Morrison;
(g) Colorado mental health institute at Fort Logan, in Denver;
(h) Adams youth services center at Brighton;
(i) Gilliam youth services center at Denver;
(j) Grand Mesa youth services center at Grand Junction;
(k) Pueblo youth services center;
(l) Zebulon Pike youth services center at Colorado Springs;
(m) Lookout Mountain youth services center at Golden;
(n) Mount View youth services center at Denver;
(o) Lathrop Park youth camp at Walsenburg.
(8) The Colorado developmental disabilities council, created in part 2 of article 10.5 of title 27, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(9) The Colorado brain injury trust fund board, created in section 26-1-302, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(10) Repealed.
(11) The Tony Grampsas youth services board, created in section 26-6.8-103, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(12) The office of the ombudsman for behavioral health access to care, created in section 27-80-303, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
Source: L. 68: p. 83, § 20. L. 69: p. 1188, § 4. C.R.S. 1963: § 3-28-20. L. 71: p. 104, § 10. L. 73: pp. 1223, 1508, §§ 13, 14, 2. L. 78: (3) added, p. 265, § 61, effective May 23. L. 85: (4)(d) added, § 4, effective May 29. L. 86: (1) amended, p. 885, § 7, effective May 23. L. 89: (4)(b) amended, p. 1235, § 12, effective April 6; (5) added, p. 1549, § 2, effective July 1. L. 91: (4)(e) added, p. 890, § 15, effective June 5. L. 92: (5) repealed, p. 2136, § 2, effective July 1. L. 93: Entire section R&RE, p. 1092, § 7, effective July 1, 1994. L. 94: (4)(c) added, p. 2606, § 6, effective July 1; (6)(d) amended, p. 2555, § 49, effective January 1, 1995. L. 96: (6)(b) and (6)(c) amended and (6)(e) added, p. 1694, § 32, effective January 1, 1997. L. 2000: (5)(h) added, p. 1628, § 3, effective June 1. L. 2001: (4)(c) amended, p. 251, § 5, effective March 29; (4)(c) repealed and (5)(e) amended, pp. 1287, 1272, §§ 83, 28, effective June 5. L. 2002: (6)(d) amended, p. 666, § 13, effective May 28; (5)(c), (6)(d), and (8) amended, p. 1022, § 39, effective June 1; (6)(a) repealed, p. 357, § 11, effective July 1; (6)(d) amended, p. 1919, § 10, effective July 1; (9) added, p. 1609, § 2, effective January 1, 2003. L. 2004: (5)(i) added, p. 861, § 2, effective May 21; (9) amended, p. 1200, § 60, effective August 4. L. 2005: (5)(j) added, p. 599, § 1, effective July 1. L. 2007: (5)(k) added, p. 441, § 2, effective July 1; (5)(l) added, p. 1221, § 2, effective August 3. L. 2008: (6)(b) repealed, p. 1105, § 9, effective July 1. L. 2009: (9) amended, (SB 09-005), ch. 135, p. 591, § 10, effective April 20; (5)(b) amended, (SB 09-056), ch. 177, p. 785, § 5, effective April 22. L. 2010: IP(6) and (6)(d) amended, (SB 10-175), ch. 188, p. 794, § 50, effective April 29. L. 2011: (5)(b) amended, (HB 11-1303), ch. 264, p. 1163, § 53, effective August 10. L. 2012: (5)(b) amended, (HB 12-1063), ch. 149, p. 537, § 5, effective May 3. L. 2013: (5)(m), (10), and (11) added, (HB 13-1117), ch. 169, p. 588, § 20, effective July 1; (5)(k) amended, (HB 13-1300), ch. 316, p. 1680, § 47, effective August 7. L. 2014: (5)(b), (5)(c), and (5)(k) amended, (SB 14-096), ch. 59, p. 262, § 2, effective August 6. L. 2015: (4)(b)(II) added by revision, (SB 15-239), ch. 160, pp. 487, 490, §§ 4, 14. L. 2017: IP(6) and (6)(d) amended, (SB 17-242), ch. 263, p. 1256, § 16, effective May 25; IP(6) and (6)(e) amended, (HB 17-1329), ch. 381, p. 1980, § 50, effective June 6. L. 2018: (5)(h) amended, (HB 18-1108), ch. 303, p. 1836, § 9, effective August 8; (12) added, (HB 18-1357), ch. 252, p. 1551, § 2, effective August 8. L. 2019: (9) amended, (HB 19-1147), ch. 178, p. 2033, § 12, effective August 2. L. 2020: (5)(i) amended, (HB 20-1402), ch. 216, p. 1050, § 43, effective June 30. L. 2021: (10) amended, (HB 21-1248), ch. 335, p. 2167, § 4, effective September 7; (6)(c) and (6)(e) amended, (SB 21-059), ch. 136, p. 741, § 104, effective October 1; (5)(m) amended, (HB 21-1304), ch. 307, p. 1856, § 7, effective July 1, 2022. L. 2022: IP(4) amended and (10) repealed, (HB 22-1295), ch. 123, p. 842, § 61, effective July 1; (6)(d) amended and (6)(f) added, (HB 22-1278), ch. 222, p. 1505, § 49, effective July 1; (2), (3), IP(4), (4)(a), IP(5), (5)(a), (5)(b), (5)(c), (5)(e), (5)(f), (5)(g), (5)(h), (5)(k), IP(6), (6)(c), (6)(e), IP(7), (8), (9), (10), (11), and (12) amended and (5)(d) and (5)(i) repealed, (SB 22-162), ch. 469, p. 3372, § 63, effective August 10; (6)(d) amended, (SB 22-162), ch. 469, p. 3433, § 227, effective August 10. L. 2023: (6)(d) repealed, (HB 23-1236), ch. 206, p. 1051, § 5, effective May 16. L. 2025: (5)(g.5) and (5)(g.7) added and (5)(h) amended, (HB 25-1154), ch. 230, p. 1086, § 24, effective May 22.
Editor's note: (1) Amendments to subsection (6)(d) by Senate Bill 02-057, House Bill 02-1229, and Senate Bill 02-159 were harmonized.
(2) Subsection (5)(j)(II) provided for the repeal of subsection (5)(j), effective July 1, 2007. (See L. 2005, p. 599.)
(3) Subsection (5)(l)(II) provided for the repeal of subsection (5)(l), effective July 1, 2012. (See L. 2007, p. 1221.)
(4) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2016. (See L. 2015, p. 487.)
(5) Amendments to subsection IP(6) by SB 17-242 and HB 17-1329 were harmonized.
(6) Amendments to subsection IP(4) by SB 22-162 and HB 22-1295 were harmonized.
(7) Subsection (10) was amended in SB 22-162. Those amendments were superseded by the repeal of subsection (10) in HB 22-1295.
Cross references: (1) For the designation of the state department of human services as the state information agency for enforcement of support, see §§ 14-5-310 and 26-13-109; for the Colorado board of veterans affairs, see article 5 of title 28; for the Colorado commission on the aging, see article 11 of title 26; for the Trinidad state nursing home, see part 2 of article 12 of title 26; for the Colorado state veterans center, see part 2 of article 12 of title 26.
(2) For the legislative declaration contained in the 2002 act repealing subsection (6)(a), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5)(m), (10), and (11), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-120.5. Department of early childhood - creation. (1) There is created the department of early childhood, the head of which is the executive director of the department of early childhood, which office is created. The governor shall appoint the executive director, with the consent of the senate, and the executive director serves at the pleasure of the governor. The reappointment of an executive director after an initial election of a governor is subject to the provisions of section 24-20-109.
(2) The early childhood leadership commission created in part 3 of article 1 of title 26.5 is transferred to the department of early childhood. The early childhood leadership commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of early childhood.
(3) The Colorado child abuse prevention board, created in section 26.5-3-204, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of early childhood.
(4) The Colorado child care assistance program, as described in part 1 of article 4 of title 26.5, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of early childhood.
Source: L. 2021: Entire section added, (HB 21-1304), ch. 307, p. 1846, § 3, effective July 1, 2022. L. 2022: Entire section amended, (HB 22-1295), ch. 123, p. 842, § 62, effective July 1; (2) amended, (SB 22-162), ch. 469, p. 3379, § 80, effective August 10. L. 2023: (3) and (4) amended, (HB 23-1301), ch. 303, p. 1824, § 31, effective August 7.
Editor's note: Amendments to subsection (2) by SB 22-162 and HB 22-1295 were harmonized.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-121. Department of labor and employment - creation. (1) There is hereby created the department of labor and employment, the head of which shall be the executive director of the department of labor and employment, which office is hereby created. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have the powers, duties, and functions prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
(1.5) The department of labor and employment includes, as part of the office of the executive director, the industrial claim appeals office, created in section 8-1-102. The industrial claim appeals office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(2) The industrial commission of Colorado, created by article 1 of title 8, C.R.S., and its powers, duties, and functions, except those powers, duties, and functions transferred to the state board of pharmacy and the industrial claim appeals office, are transferred by a type 3 transfer to the department of labor and employment, and the industrial commission of Colorado is abolished.
(3) The department of labor and employment consists of the following divisions and programs:
(a) (I) The division of labor standards and statistics, the head of which is the director of the division of labor standards and statistics, created in section 8-1-103. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.
(II) (Deleted by amendment, L. 91, p. 1338, § 55, effective July 1, 1991.)
(b) The division of employment and training, the head of which is the director of the division of employment and training, created in section 8-83-102. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.
(c) Repealed.
(d) (I) The division of workers' compensation, the head of which is the director of the division of workers' compensation, created in section 8-47-101. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.
(II) Repealed.
(e) The division of oil and public safety, the head of which is the director of the division of oil and public safety, which division and office are created pursuant to section 8-20-101. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.
(f) The state work force development council, created in article 46.3 of this title 24. The council is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.
(g) The division of unemployment insurance, the head of which is the director of the division of unemployment insurance, created in article 71 of title 8. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.
(h) The powers, duties, and functions relating to vocational rehabilitation programs, including the business enterprise program, as described in article 84 of title 8.
(i) The powers, duties, and functions relating to the oversight of independent living services pursuant to article 85 of title 8.
(j) The underground damage prevention safety commission, created in section 9-1.5-104.2. The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.
(k) The office of new Americans, or ONA, created in article 3.7 of title 8, the head of which is the director of the ONA. The ONA and the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.
(l) The state apprenticeship agency created in section 8-15.7-102. The state apprenticeship agency is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties and functions specified by article 15.7 of title 8 under the department of labor and employment and the executive director of the department.
(m) The office of future of work, the head of which is the director of the office of future of work, created in section 8-15.8-103. The office of future of work and the office's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.
(n) The Colorado disability opportunity office, or CDOO, created in section 8-88-102, the head of which is the director of the CDOO. The CDOO is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.
(4) The division of oil and public safety includes the following:
(a) Repealed.
(b) The division of boiler inspection, created in article 4 of title 9. The division of boiler inspection is a type 2 entity, as defined in section 24-1-105. The division exercises its powers and performs its duties and functions under the department of labor and employment and is allocated to the division of oil and public safety as a section thereof.
(c) (Deleted by amendment, L. 2001, p. 1113, § 2, effective June 5, 2001.)
(d) and (e) Repealed.
(5) The petroleum storage tank committee is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties and functions specified by article 20.5 of title 8 under the department of labor and employment and the executive director thereof.
(6) The special funds board, created in section 8-44-206, is a type 2 entity, as defined in section 24-1-105.
(7) The workers' compensation cost containment board, created in the division of workers' compensation in section 8-14.5-104, is a type 2 entity, as defined in section 24-1-105.
Source: L. 68: p. 84, § 21. L. 69: p. 567, § 1. C.R.S. 1963: § 3-28-21. L. 71: p. 104, § 11. L. 73: p. 935, § 25. L. 75: (4)(d) repealed, p. 443, § 6, effective April 15; (4)(e) added, p. 214, § 41, effective July 16. L. 76: (3)(b) amended, p. 352, § 21, effective October 1. L. 77: (3)(b) amended, p. 281, § 30, effective July 1. L. 80: (4)(e) repealed, p. 451, § 6, effective April 13. L. 83: (3)(a) and (3)(b) amended, p. 404, § 3, effective May 25. L. 86: (3)(c) repealed, p. 540, § 54, effective May 3; (1) amended, p. 885, § 8, effective May 23; (1.5) added and (2) R&RE, p. 463, §1, effective July 1. L. 87: (4)(a) repealed, p. 378, § 4, effective May 20. L. 89: (3)(a) amended, p. 379, § 3, effective July 1. L. 90: (3)(a)(II)(A) amended, p. 567, § 44, effective July 1. L. 91: (3) amended, p. 1338, § 55, effective July 1. L. 94: (1) amended, p. 564, § 7, effective April 6. L. 95: (5) added, p. 419, § 7, effective July 1. L. 2001: (3)(e) added and IP(4), (4)(b), and (4)(c) amended, p. 1113, §§ 1, 2, effective June 5. L. 2008: (3)(f) added, p. 1290, § 3, effective July 1. L. 2012: IP(3) and (3)(b) amended and (3)(g) added, (HB 12-1120), ch. 27, p. 77, § 1, effective June 1. L. 2015: IP(3) amended and (3)(h) added, (SB 15-239), ch. 160, p. 487, § 5, effective July 1, 2016. L. 2016: (3)(i) added, (SB 16-093), ch. 54, p. 132, § 2, effective March 23; (3)(a)(I) amended, (HB 16-1323), ch. 131, p. 380, § 16, effective August 10. L. 2018: (3)(j) added, (SB 18-167), ch. 256, p. 1577, § 10, effective August 8. L. 2021: (3)(l) added, (HB 21-1007), ch. 309, p. 1890, § 2, effective July 1; (3)(k) added, (HB 21-1150), ch. 350, p. 2277, § 2, effective September 7. L. 2022: (1.5), (3)(a)(I), (3)(b), (3)(d)(I), (3)(e), (3)(f), (3)(g), (3)(h), (3)(i), (3)(j), (3)(k), (3)(l), IP(4), (4)(b), and (5) amended and (6) and (7) added, (SB 22-162), ch. 469, p. 3380, § 82, effective August 10. L. 2023: (3)(m) added, (SB 23-051), ch. 37, p. 145, § 20, effective March 23. L. 2024: (3)(n) added, (HB 24-1360), ch. 324, p. 2166, § 5, effective July 1.
Editor's note: (1) Subsection (3)(d)(II)(B) provided for the repeal of subsection (3)(d)(II), effective July 1, 1992. (See L. 91, p. 1338.)
(2) Subsection (3)(c) was repealed, effective July 1, 1987, prior to subsection (3) being amended in 1991.
(3) The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
Cross references: (1) For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015. For the legislative declaration in HB 24-1360, see section 1 of chapter 324, Session Laws of Colorado 2024.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-122. Department of regulatory agencies - creation. (1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(1.1) Repealed.
(2) The department of regulatory agencies consists of the following divisions:
(a) The public utilities commission, created in article 2 of title 40. The public utilities commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division thereof. The director of the commission serves as the division director.
(a.5) The office of the utility consumer advocate and the utility consumers' board, created in article 6.5 of title 40. The office of the utility consumer advocate is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division of the department. The utility consumers' board is a type 2 entity, as defined in section 24-1-105. The utility consumers' board exercises its powers and performs its duties and functions under the department and is allocated to the office of the utility consumer advocate.
(b) (I) The division of insurance, created in section 10-1-103, the head of which is the commissioner of insurance. The division of insurance is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(II) The workers' compensation classification appeals board, created in section 8-55-101 (1). The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of insurance.
(c) The division of financial services, the head of which is the state commissioner of financial services. The financial services board, created in section 11-44-101.6, is a type 1 entity, as defined in section 24-1-105. The financial services board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of financial services. The office of state commissioner of financial services and the division of financial services, created in article 44 of title 11, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.
(d) The division of banking, the head of which is the state bank commissioner. The banking board, created in article 102 of title 11 is a type 1 entity, as defined in section 24-1-105. The banking board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of banking.
(e) The division of securities, the head of which is the commissioner of securities. The securities board, created in section 11-51-702.5, is a type 1 entity, as defined in section 24-1-105. The securities board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of securities. The division of securities, and the office of commissioner of securities, created in article 51 of title 11, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.
(f) Repealed.
(g) The division of professions and occupations, the head of which is the director of professions and occupations, which office is hereby created. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105.
(h) The Colorado civil rights division, the head of which is the director of the Colorado civil rights division, and the Colorado civil rights commission. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created in part 3 of article 34 of this title 24, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.
(i) and (j) Repealed.
(k) (I) The division of real estate, the head of which is the director of the division, and the real estate commission. The division of real estate and the director of the division, created in part 2 of article 10 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The real estate commission, created in part 2 of article 10 of title 12, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(II) The division of real estate includes the board of real estate appraisers, created in part 6 of article 10 of title 12. The board of real estate appraisers is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies. The division of real estate also includes the board of mortgage loan originators, created in section 12-10-703. The board of mortgage loan originators is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(l) The division of conservation, the head of which is the director of the division, and the conservation easement oversight commission. The division of conservation and the director of the division, created in article 15 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The conservation easement oversight commission, created in section 12-15-103, is a type 2 entity, as defined in section 24-1-105. The conservation easement oversight commission exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of conservation.
(3) The following boards and agencies in the department of regulatory agencies are allocated to the division of professions and occupations and are type 1 entities, as defined in section 24-1-105:
(a) Repealed.
(b) State board of accountancy, created by article 100 of title 12;
(c) (Deleted by amendment, L. 2006, p. 742, § 10, effective July 1, 2006.)
(d) to (g) Repealed.
(h) Colorado state board of chiropractic examiners, created by article 215 of title 12;
(i) and (j) Repealed.
(k) Colorado dental board, created in article 220 of title 12;
(l) Repealed.
(m) (I) Colorado medical board, created by article 240 of title 12;
(II) Colorado podiatry board, created by article 290 of title 12;
(n) and (o) Repealed.
(p) State board of optometry, created by article 275 of title 12;
(q) Passenger tramway safety board, created by article 150 of title 12;
(r) State board of pharmacy, created by part 1 of article 280 of title 12;
(s) and (t) Repealed.
(u) State board of licensure for architects, professional engineers, and professional land surveyors, created by section 12-120-103;
(v) Colorado state board of psychologist examiners, created by part 3 of article 245 of title 12;
(w) and (x) Repealed.
(y) State board of veterinary medicine, created by article 315 of title 12;
(z) Board of examiners of nursing home administrators, created by article 265 of title 12;
(aa) State plumbing board, created by article 155 of title 12;
(bb) to (ee) Repealed.
(ff) State electrical board, created by article 115 of title 12;
(gg) State board of nursing, created by article 255 of title 12;
(hh) Repealed.
(ii) State board of social work examiners, created by part 4 of article 245 of title 12;
(jj) State board of marriage and family therapist examiners, created by part 5 of article 245 of title 12;
(kk) State board of licensed professional counselor examiners, created by part 6 of article 245 of title 12;
(ll) State board of unlicensed psychotherapists, created by part 7 of article 245 of title 12;
(mm) State board of addiction counselor examiners, created by part 8 of article 245 of title 12.
(nn) The state physical therapy board, created in part 1 of article 285 of title 12.
(4) The following boards and agencies in the department of regulatory agencies are allocated to the division of professions and occupations and are type 2 entities, as defined in section 24-1-105:
(a) to (e) Repealed.
(f) The office of combative sports, created in section 12-110-105, and the Colorado combative sports commission, created in section 12-110-106.
(5) Repealed.
(6) (a) The Colorado prescription drug affordability review board created in section 10-16-1402 is a type 1 entity, as defined in section 24-1-105. The Colorado prescription drug affordability review board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.
(b) The Colorado prescription drug affordability advisory council created in section 10-16-1409 is a type 2 entity, as defined in section 24-1-105. The Colorado prescription drug affordability advisory council exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.
Source: L. 68: p. 85, § 22. L. 69: p. 838, § 3. C.R.S. 1963: § 3-28-22. L. 70: p. 424, § 13. L. 71: p. 105, § 12. L. 72: p. 143, § 2. L. 73: pp. 935, 1038, 1065, §§ 26, 2, 2. L. 74: (3)(ff) added, p. 276, § 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, §§ 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, §§ 2, 3, effective July 1; (3)(ee) added, p. 553, § 2, effective July 1; (4) added, p. 487, § 2, effective July 1. L. 76: (3)(g) repealed, p. 400, § 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, §§ 40, 41, effective May 20; (3)(f) repealed, p. 416, § 13, effective July 1; (3)(l) repealed, p. 429, § 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, § 3, effective July 1; (3)(d) repealed, p. 626, § 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, §§ 2, 4, effective July 1; (3)(i) repealed, p. 633, § 8, effective July 1. L. 78: (2)(b) amended, p. 284, § 2, effective July 1; (2)(i) amended and (3)(x) repealed, pp. 265, 266, §§ 62, 63, effective May 23; (3)(bb) amended, p. 315, § 3, effective July 1; (3)(cc) repealed, p. 266, § 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, §§ 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, § 1, effective July 1; (2)(k) added, p. 567, § 1, effective July 1; (2)(k) added and (3)(w) repealed, §§ 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, § 1, effective March 1, 1980. L. 80: (5) added, p. 592, § 2, effective May 1; (3)(m) amended, p. 795, § 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, § 5, effective July 1; (3)(gg) added, p. 495, § 3, effective July 1. L. 81: (1.1) added, p. 1192, § 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, §§ 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, § 23, effective April 2. L. 83: (3)(n) repealed, p. 575, § 10, effective April 22; (3)(a) repealed, p. 513, § 4, effective May 16; (4)(e) added, p. 580, § 2, effective July 1; (3)(bb) repealed, p. 2049, § 11, effective October 14. L. 85: (2)(b) amended, p. 382, § 4, effective April 17; (2)(f) amended, p. 553, § 6, effective July 1. L. 86: (4)(d) repealed, p. 447, § 6, effective April 17. L. 88: (2)(d) amended, p. 417, § 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, §§ 2, 9, effective July 1; (4)(e) repealed, p. 582, § 3, effective July 1. L. 89: (2)(a) amended, p. 1524, § 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, §§ 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, § 3, effective July 1. L. 93: (2)(c) amended , p. 1455, § 19, effective June 6; (2)(f) repealed, p. 1784, § 54, effective June 6; (2)(a.5) added, p. 974, § 2, effective July 1; (2)(f) repealed, p. 1033, § 16, effective July 1; (2)(f) repealed, p. 1237, § 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, § 8, effective April 19; (2)(e) amended, p. 1848, § 16, effective July 1. L. 96: (2)(b) amended, p. 1144, § 3, effective October 1. L. 97: (1.1) repealed, p. 523, § 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, § 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, § 16, effective May 14; (2)(d) amended, p. 1210, § 20, effective July 1. L. 2004: (3)(u) amended, p. 1310, § 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, § 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, § 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, § 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, § 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, § 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, § 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, § 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, § 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, § 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, § 124, effective October 1. L. 2020: (3)(ll) amended, (HB 20-1206), ch. 304, p. 1551, § 66, effective July 14. L. 2021: (6) added, (SB 21-175), ch. 240, p. 1276, § 3, effective June 16; IP(2) and (2)(a.5) amended, (SB 21-103), ch. 477, p. 3413, § 10, effective September 1. L. 2022: (2)(a), (2)(a.5), (2)(b), (2)(c), (2)(d), (2)(e), (2)(g), (2)(h), (2)(k), (2)(l), IP(3), IP(4), and (6) amended and (3)(nn) and (4)(f) added, (SB 22-162), ch. 469, p. 3386, § 99, effective August 10.
Editor's note: (1) Section 4 of chapter 131, Session Laws of Colorado 1975, provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975.
(2) Section 5 of chapter 142, Session Laws of Colorado 1975, provides that the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975.
(3) Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill 79-1231 were harmonized.
(4) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1981. (See L. 80, p. 592.)
Cross references: (1) For the creation of the office of commissioner of insurance, see § 10-1-104.
(2) For the legislative declaration in SB 21-175, see section 1 of chapter 240, Session Laws of Colorado 2021.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-123. Department of agriculture - creation. (1) There is hereby created a department of agriculture, the head of which shall be the commissioner of agriculture.
(2) The state agricultural commission, created in article 1 of title 35, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture.
(3) The state department of agriculture and the office of commissioner of agriculture, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105.
(4) The department of agriculture consists of the following divisions:
(a) The division of markets, the head of which is the director of the division of markets. The division of markets and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.
(b) The division of plant industry, the head of which is the director of the division of plant industry. The division of plant industry and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.
(c) (I) The division of animal health, the head of which is the director of the division of animal health. The division of animal health and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.
(II) The state bureau of animal protection, created in article 42 of title 35. The state bureau of animal protection is a type 2 entity, as defined in section 24-1-105. The state bureau of animal protection exercises its powers and performs its duties and functions under the department of agriculture and is allocated to the division of animal welfare as a section of the department.
(d) The administrative services division, the head of which is the director of the administrative services division. The division of administrative services and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.
(e) The division of inspection and consumer services, the head of which is the director of the division of inspection and consumer services. The division of inspection and consumer services and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.
(f) Repealed.
(g) (I) The division of brand inspection, the head of which is the brand commissioner. The state board of stock inspection commissioners and the office of brand commissioner, created in article 41 of title 35, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture as a part of the division of brand inspection.
(II) and (III) Repealed.
(g.5) The division of animal welfare, the head of which is the director of the division of animal welfare. The division of animal welfare and the office of the director of the division of animal welfare, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.
(h) (I) The Colorado state fair authority, the head of which is the manager of the Colorado state fair and industrial exposition. The Colorado state fair authority and the office of the manager of the Colorado state fair and industrial exposition, created in part 4 of article 65 of title 35, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as a division of the department of agriculture.
(II) The Colorado state fair authority includes the board of commissioners of the Colorado state fair authority, created in part 4 of article 65 of title 35. The board of commissioners of the Colorado state fair authority is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of agriculture as a part of the Colorado state fair authority.
(i) The state conservation board, created in article 70 of title 35. The state conservation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture as a division thereof. The employees of the state conservation board appointed pursuant to section 35-70-103 are transferred to the department of agriculture.
(5) The Colorado wine industry development board, created in article 29.5 of title 35, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture.
(6) The aquaculture board, created in article 24.5 of title 35, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of agriculture and the commissioner thereof.
(7) The Colorado agricultural value-added development board, created in section 35-75-203, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department.
Source: L. 68: p. 87, § 23. L. 69: pp. 121, 122, §§ 1, 5. C.R.S. 1963: § 3-28-23. L. 71: p. 162, § 7. L. 75: (4)(g)(III) amended, p. 1362, § 2, effective November 1. L. 83: (4)(f) repealed, p. 1374, § 19, effective June 2. L. 90: (5) added, p. 1604, § 6, effective July 1. L. 91: (6) added, p. 200, § 6, effective June 7. L. 93: (4)(g)(II) and (4)(g)(III) repealed, pp. 1855, 1846, §§ 3, 2, effective July 1. L. 97: (4)(h) added, p. 819, § 14, effective June 30. L. 2000: (4)(i) added, p. 558, § 7, effective July 1. L. 2001: (7) added, p. 623, § 1, effective May 30. L. 2002: (4)(i) amended, p. 513, § 2, effective July 1. L. 2022: (2), (3), IP(4), (4)(a), (4)(b), (4)(c), (4)(d), (4)(e), (4)(g)(I), (4)(h), (4)(i), (5), (6), and (7) amended, (SB 22-162), ch. 469, p. 3399, § 144, effective August 10. L. 2024: (4)(c)(II) amended and (4)(g.5) added, (HB 24-1458), ch. 288, p. 1928, § 1, effective August 7.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-124. Department of natural resources - creation - divisions. (1) There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law.
(2) The office of the executive director, created in article 33 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(2.1) The department of natural resources includes, as a part of the office of the executive director:
(a) The office of commissioner of mines, created in section 1 of article XVI of the state constitution. The office of commissioner of mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(b) Repealed.
(c) The Colorado avalanche information center, created pursuant to section 24-33-116. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(3) The department of natural resources consists of the following divisions:
(a) The division of water resources, the head of which is the state engineer, as described in subsection (4) of this section;
(b) The Colorado water conservation board and the office of director thereof, created in article 60 of title 37. The Colorado water conservation board and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division thereof.
(c) (Deleted by amendment, L. 2000, p. 556, § 3, effective July 1, 2000.)
(d) The state board of land commissioners, created in section 9 of article IX of the state constitution. The state board of land commissioners is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a division thereof, subject to the state constitution.
(e) The division of reclamation, mining, and safety, created in section 34-20-103, the head of which is the director of the division of reclamation, mining, and safety, under the supervision of the executive director of the department of natural resources. The division and director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof. The division of reclamation, mining, and safety includes the following:
(I) The coal mine board of examiners, created in article 22 of title 34. The coal mine board of examiners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a section of the division of reclamation, mining, and safety.
(II) The mined land reclamation board and the office of mined land reclamation, created in article 32 of title 34. The mined land reclamation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety. The office of mined land reclamation is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(III) The office of active and inactive mines, created in article 21 of title 34. The office of active and inactive mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as prescribed by law under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(IV) (Deleted by amendment, L. 2005, p. 1462, § 1, effective July 1, 2005.)
(V) Repealed.
(f) The energy and carbon management commission created in section 34-60-104.3 (1) and the office of the director of the commission, created in article 60 of title 34. The commission and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division of the department.
(g) Repealed.
(h) (I) and (II) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1, 2011.)
(III) Repealed.
(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1, 2011.)
(j) The division of forestry, created in section 24-33-201 (1), the head of which is the state forester, appointed pursuant to section 23-31-207. The division of forestry and the state forester are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof.
(k) (I) (A) The parks and wildlife commission, created in article 9 of title 33. The powers, duties, and functions of the parks and wildlife commission include the powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation. The parks and wildlife commission is a type 1 entity, as defined in section 24-1-105.
(B) The parks and wildlife commission includes, as an advisory council, the Colorado natural areas council created in article 33 of title 33.
(II) (A) The division of parks and wildlife, the head of which is the director of the division of parks and wildlife, created in section 33-9-104. The division of parks and wildlife and the office of the director of the division of parks and wildlife are type 1 entities, as defined in section 24-1-105.
(B) The division of parks and wildlife includes the fish health board created in article 5.5 of title 33. The fish health board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of natural resources and the executive director of the department of natural resources.
(4) The division of water resources includes the following:
(a) The office of the state engineer, created in article 80 of title 37. The office of the state engineer is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.
(b) The division engineers, created in part 2 of article 92 of title 37. The division engineers are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources and are allocated to the division of water resources as a section thereof.
(c) The ground water commission, created in article 90 of title 37. The ground water commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.
(d) The state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103. The state board of examiners of water well and ground heat exchanger contractors is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section of the division of water resources.
(e) Repealed.
(5) Repealed.
Source: L. 68: p. 88, § 24. L. 69: pp. 867, 1223, §§ 2, 19. C.R.S. 1963: § 3-28-24. L. 72: pp. 321, 493, §§ 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, § 1, effective July 1. L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, §§ 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, § 17, effective June 30. L. 83: (2.1) amended, p. 1307, § 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, §§ 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, § 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, § 3, effective March 23; (3)(e)(II) amended, p. 1180, § 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, § 14, effective June 11; (2.1)(a) amended, p. 1215, §7, effective July 1. L. 91: (4)(e) repealed, p. 884, § 4, effective June 5; (3)(h) amended, p. 200, § 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, § 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, § 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, § 3, effective May 3; (3)(h)(I) amended, p. 607, § 2, effective January 1, 2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, § 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, §§ 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, § 1, effective July 1. L. 2006: (3)(e) amended, p. 212, § 1, effective August 7. L. 2007: (3)(j) amended, p. 549, § 4, effective August 3. L. 2010: (3)(j) amended, (HB 10-1223), ch. 41, p. 164, § 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11-208), ch. 293, p. 1382, § 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, § 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, § 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, § 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, § 48, effective August 7. L. 2022: (2), IP(2.1), (2.1)(a), (2.1)(c), (3)(a), (3)(b), (3)(d), IP(3)(e), (3)(e)(I), (3)(e)(II), (3)(e)(III), (3)(f), (3)(j), (3)(k), IP(4), (4)(a), (4)(b), (4)(c), and (4)(d) amended, (SB 22-162), ch. 469, p. 3404, § 155, effective August 10. L. 2023: (3)(f) amended, (SB 23-285), ch. 235, p. 1253, § 22, effective July 1. L. 2025: (4)(d) amended, (HB 25-1165), ch. 257, p. 1320, § 29, effective August 6.
Editor's note: (1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.)
(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in § 23-41-209 (2). The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.)
Cross references: (1) For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(3) For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
24-1-125. Department of local affairs - creation. (1) There is hereby created a department of local affairs, the head of which shall be the executive director of the department of local affairs, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
(2) The department of local affairs consists of the following divisions:
(a) (I) The division of local government, the head of which is the director of local government. The division of local government and the office of the director of local government, created in part 1 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.
(II) The division of local government includes the Colorado resiliency office, the head of which is the director of the Colorado resiliency office. The Colorado resiliency office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of local government and the department of local affairs.
(b) The division of property taxation, the head of which is the property tax administrator, created in section 39-2-101. The division of property taxation and the property tax administrator are type 1 entities, as defined in section 24-1-105. Except for the powers, duties, and functions of the former Colorado tax commission that are vested with the board of assessment appeals pursuant to subsection (3) of this section, the powers, duties, and functions of the property tax administrator and the division of property taxation, as is otherwise provided in law, include the rule-making, administrative, and enforcement powers, duties, and functions of the former Colorado tax commission.
(c) (I) The division of commerce and development, the head of which is the director of commerce and development. The division of commerce and development and the office of the director thereof, created in part 3 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.
(II) Repealed.
(d) and (e) Repealed.
(f) The division of housing, created in the Colorado Housing Act of 1970, part 7 of article 32 of this title 24. The division of housing is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of local affairs.
(g) The division of planning, the head of which is the director of the division of planning. The division of planning and the office of the director, created in part 2 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.
(h) Repealed.
(i) The office of rural development, the head of which is the coordinator of rural development. The office of rural development and the position of coordinator of rural development, created in part 8 of article 32 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of local affairs.
(j) Repealed.
(k) The office of the Colorado youth service corps, created in part 20 of article 32 of this title 24. The office of the Colorado youth service corps is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of local affairs.
(l) and (m) Repealed.
(3) The board of assessment appeals, created in article 2 of title 39, is vested with the quasi-judicial powers, duties, and functions of the former Colorado tax commission, and constitutes a part of the department of local affairs. The board of assessment appeals is a type 1 entity, as defined in section 24-1-105.
(4) The advisory committee to the property tax administrator, created in article 2 of title 39, constitutes a part of the department of local affairs . The advisory committee to the property tax administrator is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(5) to (9) Repealed.
(10) The office of smart growth, created in section 24-32-3203, in the department of local affairs is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(11) The office of homeless youth services is created in the department pursuant to section 24-32-723.
Source: L. 68: p. 90, § 25. C.R.S. 1963: § 3-28-25. L. 70: pp. 241, 387, §§ 2, 27. L. 71: pp. 105, 124, 1058, §§ 13, 2, 1. L. 73: p. 190, § 2. L. 76: (4) added, p. 756, § 8, effective July 1. L. 81: (2)(h) amended, p. 1128, § 2, effective July 1. L. 83: (2)(c) amended, p. 900 § 2, effective June 14; (2)(d), (2)(e), and (2)(h) repealed, p. 971, § 28, effective July 1, 1984. L. 85: (2)(c)(II)(A) amended and (2)(c)(II)(B) repealed, p. 791, §§ 2, 1, effective March 14; (2)(j) and (5) added, pp. 820, 929, §§ 2, 1, effective July 1. L. 86: (1) amended, p. 886, § 10, effective May 23. L. 87: (6) added, p. 1027, § 2, effective July 8. L. 89: (6)(b) amended, p. 339, § 2, effective June 7. L. 90: (2)(j) repealed, p. 1246, § 3, effective July 1. L. 91: (2)(k) added, p. 928, § 2, effective May 31. L. 92: (7) and (8) added, p. 1010, § 1, effective March 12; (6) RC&RE, p. 2176, § 32, effective June 2. L. 93: (6) amended, p. 469, § 1, effective April 21; (9) added, p. 1899, § 3, effective July 1; (5)(b) added by revision, pp. 1094, 1168, §§ 8, 151. L. 94: (1) amended, p. 564, § 8, effective April 6. L. 95: (9) repealed, p. 511, § 3, effective May 16. L. 2000: (2)(l) added, p. 1911, § 3, effective July 1. L. 2004: (2)(m) added and (7) amended, p. 1176, §§ 1, 2, effective August 4. L. 2008: (2)(l) repealed, p. 1290, § 4, effective July 1. L. 2012: (2)(m), (7), and (8) repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1. L. 2018: (2)(a) amended, (HB 18-1394), ch. 234, p. 1472, § 18, effective August 8. L. 2022: IP(2), (2)(a), (2)(b), (2)(c)(I), (2)(f), (2)(g), (2)(i), (2)(k), (3), and (4) amended and (10) and (11) added, (SB 22-162), ch. 469, p. 3411, § 172, effective August 10.
Editor's note: (1) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1994. (See L. 93, pp. 1094, 1168.)
(2) (a) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 1991. (See L. 89, p. 339.)
(b) Subsection (6)(b) provided for the repeal of subsection (6), effective July 6, 1997. (See L. 93, p. 469.)
Cross references: (1) For the transfer of the powers, duties, and functions of the Colorado bureau of investigation, the Colorado law enforcement training academy, and the division of criminal justice from the department of local affairs to the department of public safety, see § 24-1-128.6.
(2) For the legislative declaration in the 2012 act repealing subsections (2)(m), (7), and (8), see section 1 of chapter 240, Session Laws of Colorado 2012.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-126. State department of highways - creation. (Repealed)
Source: L. 68: p. 91, § 26. C.R.S. 1963: § 3-28-26. L. 71: p. 105, § 14. L. 74: (3)(d) added, p. 196, § 1, effective July 1. L. 83: (3)(b) repealed, p. 971, § 28, effective July 1, 1984. L. 86: (1) amended, p. 886, § 11, effective May 23. L. 91: Entire section repealed, p. 1135, § 224, effective July 1.
24-1-127. Department of military and veterans affairs - creation. (1) There is hereby created a department of military and veterans affairs, the head of which shall be the adjutant general who shall be appointed by the governor pursuant to law.
(2) The office of the adjutant general, created in part 1 of article 3 of title 28, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of military and veterans affairs.
(3) The department of military and veterans affairs consists of the following divisions:
(a) The Colorado National Guard, created in part 2 of article 3 of title 28. The Colorado National Guard is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of military and veterans affairs.
(b) The Colorado division of civil air patrol, created in article 1 of title 28. The Colorado division of civil air patrol is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of military and veterans affairs.
(c) Repealed.
(d) The Colorado state defense force, when organized by the governor pursuant to article 4 of title 28. If organized, the Colorado state defense force is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of military and veterans affairs.
(e) Repealed.
(f) The division of veterans affairs, created in part 7 of article 5 of title 28. The division of veterans affairs is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of military and veterans affairs.
(g) The Colorado board of veterans affairs, created in section 28-5-702. The Colorado board of veterans affairs is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of military and veterans affairs.
Source: L. 68: p. 91, § 27. C.R.S. 1963: § 3-28-27. L. 73: p. 419, § 2. L. 84: (3)(c) repealed, p. 686, § 25, effective January 1, 1985. L. 86: (3)(d) amended, p. 1016, § 6, effective July 1. L. 88: (3)(e) added, p. 1090, § 3, effective January 1. L. 91: (3)(e) repealed, p. 1055, § 5, effective July 1. L. 2002: (1), (2), IP(3), (3)(a), (3)(b), and (3)(d) amended and (3)(f) and (3)(g) added, p. 358, § 12, effective July 1. L. 2022: (2), IP(3), (3)(a), (3)(b), (3)(d), (3)(f), and (3)(g) amended, (SB 22-162), ch. 469, p. 3415, § 184, effective August 10.
Cross references: (1) For the legislative declaration contained in the 2002 act amending subsections (1) and (2), the introductory portion to subsection (3), and subsections (3)(a), (3)(b), and (3)(d) and enacting subsections (3)(f) and (3)(g), see section 1 of chapter 121, Session Laws of Colorado 2002.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-128. Department of personnel - creation. (1) Pursuant to the provisions of section 14 of article XII of the state constitution, there is hereby created a department of personnel, the head of which shall be the state personnel director, also referred to as the executive director of personnel, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor.
(2) The state personnel board, created in section 14 of article XII of the state constitution, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel, subject to the provisions of the state constitution.
(3) The powers, duties, and functions of the department of personnel include the powers, duties, and functions of the civil service commission. The powers, duties, and functions of the civil service commission are allocated to the state personnel board and the state personnel director, pursuant to the provisions of the state constitution and laws enacted pursuant thereto, and the civil service commission is abolished.
(4) The powers, duties, and functions of the department of personnel include the powers, duties, and functions of the state employees' and officials' group insurance board of administration, created in part 2 of article 8 of title 10, prior to its repeal in 1994. The powers, duties, and functions of the state employees' and officials' group insurance board of administration are allocated to the state personnel director, pursuant to the provisions of the state constitution and laws enacted pursuant thereto, and the state employees' and officials' group insurance board of administration is abolished.
(5) Repealed.
(6) The powers, duties, and functions of the department of personnel include the powers, duties, and functions of the department of administration, and the department of administration is abolished.
(7) The powers, duties, and functions of the department of personnel include the following administrative support services:
(a) The powers, duties, and functions concerning purchasing, specified in part 2 of article 102 of this title 24.
(b) The powers, duties, and functions concerning state archives and public records, specified in part 1 of article 80 of this title 24.
(c) Repealed.
(d) The powers, duties, and functions concerning accounts and control and the office of the controller, specified in part 2 of article 30 of this title 24. The office of the controller is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel.
(e) Repealed.
(f) The office of administrative courts, the head of which is the executive director of the department of personnel. The office of administrative courts, created in part 10 of article 30 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel.
(g) The powers, duties, and functions concerning central services, specified in part 11 of article 30 of this title 24.
(h) The powers, duties, and functions concerning the risk management system, specified in part 15 of article 30 of this title 24.
(i) (Deleted by amendment, L. 96, p. 1493, § 1, effective June 1, 1996.)
(j) Repealed.
(k) The powers, duties, and functions concerning state buildings, specified by part 13 of article 30 of this title 24 and formerly vested in the office of state planning and budgeting.
(l) The state claims board, created in part 15 of article 30 of this title 24. The state claims board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel.
(m) Repealed.
(8) The statewide equity office, created in section 24-50-146 (2)(a), and its powers, duties, and functions are transferred by a type 2 transfer to the department of personnel.
(9) The office of sustainability is created in section 24-30-2303. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel.
Source: L. 71: p. 302, § 1. C.R.S. 1963: § 3-28-34. L. 74: Entire section added, p. 401, § 2, effective July 1. L. 89: (4) and (5) added, pp. 487, 1646, §§ 16, 22, effective July 1. L. 95: (6) and (7) added, p. 624, § 3, effective July 1. L. 96: (7)(a) to (7)(e) and (7)(g) to (7)(i) amended, p. 1493, § 1, effective June 1. L. 99: (7)(m) repealed, p. 872, § 2, effective July 1. L. 2000: (1) amended, p. 1861, § 72, effective August 2. L. 2004: (7)(j) repealed, p. 304, § 2, effective April 7. L. 2005: (7)(f) amended, p. 851, § 1, effective June 1. L. 2008: (7)(c) and (7)(e) repealed, p. 1129, § 11, effective May 22. L. 2009: (5) repealed, (SB 09-066), ch. 73, p. 260, § 25, effective July 1. L. 2022: (8) added, (HB 22-1397), ch. 413, p. 2919, § 2, effective June 7; (2), (3), (4), (6), IP(7), (7)(a), (7)(b), (7)(d), (7)(f), (7)(g), (7)(h), (7)(k), and (7)(l) amended, (SB 22-162), ch. 469, p. 3418, § 191, effective August 10. L. 2024: (9) added, (SB 24-214), ch. 191, p. 1089, § 2, effective May 17.
Editor's note: The reference in subsection (4) of this section concerning the state employees' and officials' group insurance board of administration created in part 2 of article 8 of title 10 was repealed, effective May 19, 1994, but has been left in for historical purposes.
Cross references: (1) For the legislative declaration contained in the 1995 act enacting subsections (6) and (7), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-128.1. Office of state planning and budgeting - creation. (Repealed)
Source: L. 74: Entire section added, p. 202, § 4, effective July 1. L. 78: (3) added, p. 266, § 65, effective May 23. L. 83: Entire section repealed, p. 971, § 28, effective July 1, 1984.
Cross references: For the establishment of the office of state planning and budgeting within the office of the governor, see article 37 of this title.
24-1-128.5. Department of corrections - creation. (1) There is hereby created a department of corrections, the head of which shall be the executive director of the department of corrections, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(1.5) The department of corrections shall supervise and control each correctional facility, as defined in section 17-1-102. The powers, duties, and functions of the department of corrections include the powers, duties, and functions of the former department of institutions relating to honor camps, work release programs, and other adult correctional programs. The powers, duties, and functions of the department of corrections also include the powers, duties, and functions of the former division of parole in the department of institutions, and the division of parole in the department of institutions is abolished. The executive director of the department of corrections has the powers and duties specified in title 17.
(2) The department of corrections consists of the following divisions:
(a) The division of adult parole, the head of which is the director of the division of adult parole. The division of adult parole is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of corrections.
(b) The division of correctional industries, the head of which is the director of the division of correctional industries. The division supervises and controls correctional industries programs in this state. The division is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of corrections.
(c) (Deleted by amendment, L. 2000, p. 859, § 73, effective May 24, 2000.)
(3) The state board of parole, created in part 2 of article 2 of title 17, is a type 1 entity, as defined in section 24-1-105.
(3.5) The division of correctional industries includes, as a section thereof, the Colorado state agency for surplus property, created in part 4 of article 82 of this title 24. The agency is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of corrections. The agency is allocated to the division of correctional industries as a section thereof.
(4) Any powers, duties, and functions relating to adult corrections which were previously vested in the department of institutions and are not specifically transferred to the department of corrections shall be assigned thereto by the governor.
Source: L. 77: Entire section added, p. 950, § 15, effective July 13. L. 79: (2)(a) amended, p. 702, § 75, effective June 21. L. 86: (3.5) added, pp. 755, 886, §§ 4, 12, effective July 1. L. 90: (2)(c) added, p. 977, § 5, effective July 1. L. 2000: (2)(a) and (2)(c) amended, p. 859, § 73, effective May 24. L. 2010: (1.5) added and (2)(a) amended, (SB 10-130), ch. 106, p. 355, § 1, effective April 15. L. 2022: (1.5), IP(2), (2)(a), (2)(b), (3), and (3.5) amended, (SB 22-162), ch. 469, p. 3421, § 201, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-128.6. Department of public safety - creation. (1) There is hereby created a department of public safety, the head of which shall be the executive director of the department of public safety. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(2) The department of public safety consists of the following divisions:
(a) The Colorado state patrol, the head of which is the chief of the Colorado state patrol. The Colorado state patrol and the office of chief, created in part 2 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The responsibilities of the department of public safety and the Colorado state patrol include the powers, duties, and functions of the state department of highways relating to the Colorado state patrol. The responsibilities of the department of public safety and the Colorado state patrol include the powers, duties, and functions of the ports of entry section of the former motor carrier services division of the division of motor vehicles of the department of revenue, which motor carrier services division is abolished pursuant to section 24-1-117 (5), enacted by House Bill 12-1019, in 2012.
(b) Repealed.
(c) The Colorado bureau of investigation, the head of which is the director of the Colorado bureau of investigation. The Colorado bureau of investigation and the office of the director, created in part 4 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The powers, duties, and functions of the department of public safety and the Colorado bureau of investigation include the powers, duties, and functions relating to the Colorado bureau of investigation that were formerly vested in the department of local affairs.
(d) The division of criminal justice, the head of which is the director of the division of criminal justice. The division of criminal justice and the office of the director, created in part 5 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The powers, duties, and functions of the department of public safety and the division of criminal justice include the powers, duties, and functions relating to the division of criminal justice that were formerly vested in the department of local affairs.
(e) Repealed.
(f) (Deleted by amendment, L. 2002, p. 1204, § 1, effective June 3, 2002.)
(g) Repealed.
(h) (I) The division of homeland security and emergency management, the head of which is the director of the division of homeland security and emergency management. The division of homeland security and emergency management and the office of the director, created in part 16 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105. The division of homeland security and emergency management and the office of the director of the division exercise their powers and perform their duties and functions under the department of public safety and are allocated to the division of homeland security and emergency management.
(II) The division of homeland security and emergency management includes the following agencies, which are type 2 entities, as defined in section 24-1-105, and which exercise their powers and perform their duties and functions under the department of public safety:
(A) The office of emergency management, created in part 7 of article 33.5 of this title 24, the head of which is the director of the office of emergency management. Effective July 1, 2012, the powers, duties, and functions of the department of public safety and the office of emergency management under the division of homeland security and emergency management pursuant to this article 1 include the powers, duties, and functions of the former division of emergency management, created in part 21 of article 32 of this title 24, prior to its repeal in 2012.
(B) The office of prevention and security, created in section 24-33.5-1606;
(C) The office of preparedness, created in section 24-33.5-1606.5; and
(D) The office of public safety communication created in section 24-33.5-2502.
(i) The division of fire prevention and control, the head of which is the director of the division of fire prevention and control. The division of fire prevention and control and the office of the director, created in part 12 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety.
(3) Repealed.
(4) (a) The powers, duties, and functions of the department of public safety include the powers, duties, and functions of the Colorado emergency planning commission, created in section 24-33.5-1503, prior to the repeal of that section by House Bill 14-1004, as follows:
(I) The duty to promulgate any rules necessary for implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499, the other powers and duties described under section 24-33.5-1503.5 (2), and the duty to administer the SARA Title III fund created in section 24-33.5-1506, are transferred to the department of public safety and allocated to the director of the division of homeland security and emergency management; and
(II) All other functions relating to implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499, that were enjoyed by the Colorado emergency planning commission prior to its repeal by House Bill 14-1004, are transferred to the department of public safety and allocated to the emergency planning subcommittee of the homeland security and all-hazards senior advisory committee, which subcommittee is created under section 24-33.5-1614 (3.5).
(b) (Deleted by amendment, L. 2014.)
(5) The witness protection board, created in section 24-33.5-106, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.
(6) Repealed.
(7) The cold case task force, created in section 24-33.5-109, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.
(8) Repealed.
(9) The crime victim services advisory board, created pursuant to section 24-4.1-117.3, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of criminal justice in the department of public safety.
(10) The office of school safety, created in section 24-33.5-2702, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office of the executive director in the department of public safety.
(11) The school safety resource center, created in section 24-33.5-1803, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office of school safety in the office of the executive director in the department of public safety.
Source: L. 83: Entire section added, p. 960, § 3, effective July 1, 1984. L. 86: (1) amended, p. 886, § 13, effective May 23. L. 87: (2)(g) added, p. 1569, § 2, effective July 1. L. 90: (3) added, p. 1220, § 3, effective May 31. L. 92: (2)(e) and (3) repealed, p. 1011, § 2, effective March 12. L. 93: (4) added, p. 1323, § 3, effective June 6. L. 95: (5) added, p. 1346, § 2, effective June 5. L. 99: (2)(g) repealed, p. 437, § 7, effective April 30. L. 2002: (2)(f) amended and (2)(h) added, p. 1204, § 1, effective June 3. L. 2006: (6) added, p. 1298, § 2, effective May 30. L. 2007: (8) added, p. 1105, § 2, effective May 23; (7) added, p. 1897, § 4, effective June 1. L. 2009: (9) added, (SB 09-047), ch. 129, p. 556, § 3, effective July 1. L. 2012: IP(2), (2)(h), and (4) amended, (2)(b) repealed, and (2)(i) added, (HB 12-1283), ch. 240, p. 1068, § 7, effective July 1; (2)(a) amended, (HB 12-1019), ch. 135, p. 464, § 2, effective July 1. L. 2014: (4) amended, (HB 14-1004), ch. 11, p. 101, § 1, effective February 27; (8) RC&RE, (HB 14-1363), ch. 302, p. 1267, § 21, effective May 31. L. 2018: (8)(b) amended, (HB 18-1287), ch. 318, p. 1909, § 2, effective May 30. L. 2022: (2)(a), (2)(c), (2)(d), (2)(h), (2)(i), IP(4)(a), (5), (6), (7), (8)(a), and (9) amended, (SB 22-162), ch. 469, p. 3424, § 206, effective August 10; (2)(h)(II)(B) and (2)(h)(II)(C) amended and (2)(h)(II)(D) added, (HB 22-1353), ch. 479, p. 3497, § 6, effective July 1, 2023. L. 2023: (10) and (11) added, (SB 23-241), ch. 120, p. 449, § 14, effective April 27. L. 2025: (6) repealed, (SB 25-179), ch. 322, p. 1695, § 5, effective August 6.
Editor's note: (1) Prior to its recreation in 2014, subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2013. (See L. 2007, p. 1105.)
(2) Amendments to subsection (2)(h)(II) by SB 22-162 and HB 22-1353 were harmonized.
(3) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2023. (See L. 2018, p. 1909.)
Cross references: (1) For the legislative declaration in the 2012 act amending the introductory portion to subsection (2) and subsections (2)(h) and (4), repealing subsection (2)(b), and adding subsection (2)(i), see section 1 of chapter 240, Session Laws of Colorado 2012.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(3) For the legislative declaration in HB 22-1353, see section 1 of chapter 479, Session Laws of Colorado 2022.
24-1-128.7. Department of transportation - creation. (1) There is hereby created a department of transportation, the head of which shall be the executive director of the department of transportation.
(2) The transportation commission, created in part 1 of article 1 of title 43, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(3) The department of transportation consists of the following divisions:
(a) The highway maintenance division, the head of which is the director of the highway maintenance division. The highway maintenance division and the office of the director, created in part 1 of article 1 of title 43, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation.
(b) The aeronautics division, the head of which is the director of the aeronautics division. The aeronautics division and the office of the director, created in article 10 of title 43, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation. The responsibilities of the department of transportation and the aeronautics division include the powers, duties, and functions of the division of aviation, formerly under the authority of the department of military and veterans affairs.
(c) The transportation development division, the head of which is the director of the transportation development division. The transportation development division and the office of the director, created in part 1 of article 1 of title 43, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation.
(d) The engineering, design, and construction division, the head of which is the chief engineer. The engineering, design, and construction division and the office of the chief engineer, created in part 1 of article 1 of title 43, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation.
(e) The transit and rail division created in part 1 of article 1 of title 43, the head of which is the director of the transit and rail division. The transit and rail division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director of the department.
(4) The powers, duties, and functions of the department of transportation include the powers, duties, and functions of the state department of highways, created in section 24-1-126, prior to its repeal in 1991, and the state department of highways is abolished.
(5) The statewide bridge and tunnel enterprise created in section 43-4-805 (2) is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(6) (a) The high-performance transportation enterprise, created in section 43-4-806 (2)(a), is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(b) The powers, duties, and functions of the department of transportation and the high-performance transportation enterprise include the powers, duties, and functions of the statewide tolling enterprise, created in the transportation commission pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.
(7) and (8) Repealed.
(9) The clean transit enterprise, created in section 43-4-1203, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(10) The nonattainment area air pollution mitigation enterprise, created in section 43-4-1303, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
Source: L. 91: Entire section added, p. 1055, § 6, effective July 1. L. 92: (4) amended, p. 2176, § 33, effective June 2. L. 2002: (3)(b) amended, p. 358, § 13, effective July 1. L. 2009: (5) and (6) added, (SB 09-108), ch. 5, p. 48, § 2, effective March 2; (3)(e) added, (SB 09-094), ch. 280, p. 1249, § 1, effective May 20. L. 2014: (7) added, (HB 14-1161), ch. 185, p. 690, § 2, effective August 6. L. 2015: IP(3) and (3)(a) amended, (HB 15-1209), ch. 64, p. 173, § 1, effective March 30. L. 2017: (8) added, (SB 17-153), ch. 225, p. 865, § 1, effective July 1. L. 2021: (5) amended and (9) and (10) added, (SB 21-260), ch. 250, p. 1366, § 4, effective June 17; (8)(c) added by revision, (SB 21-238), ch. 401, pp. 2673, 2674, §§ 2, 6. L. 2022: (2), (3), (4), (5), (6), (9), and (10) amended, (SB 22-162), ch. 469, p. 3429, § 217, effective August 10.
Editor's note: (1) Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2017. (See L. 2014, p. 690.)
(2) Subsection (8)(c) provided for the repeal of subsection (8), effective May 15, 2022. (See L. 2021, p. 2673.)
Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (3)(b), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-129. Effect of transfer of powers, duties, and functions. (Repealed)
Source: L. 68: p. 92, § 28. C.R.S. 1963: § 3-28-28. L. 2022: Entire section repealed, (SB 22-162), ch. 469, p. 3351, § 4, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-1-130. Actions, suits, or proceedings not to abate by reorganization - maintenance by or against successors. (1) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been lawfully commenced, by or against any department, institution, or other agency or by or against any officer of the state in his official capacity or in relation to the discharge of his official duties shall abate by reason of the taking effect of any reorganization under the provisions of this article. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any department, institution, or other agency, or any officer affected.
(2) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this article.
Source: L. 68: p. 92, § 29. C.R.S. 1963: § 3-28-29.
24-1-131. Rules, regulations, and orders adopted prior to article - continuation. All rules, regulations, and orders of departments, institutions, boards, commissions, or other agencies lawfully adopted prior to July 1, 1968, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
Source: L. 68: p. 92, § 30. C.R.S. 1963: § 3-28-30.
24-1-132. Transfer of officers and employees. Effective July 1, 1968, such officers and employees who were engaged prior to said date in the performance of powers, duties, and functions of any department, institution, or other agency transferred to a principal department under the provisions of this article and who, in the opinion of the head of the principal department and the governor, are necessary to perform the powers, duties, and functions of the principal department or of any division, section, or unit thereof shall become officers and employees of such principal department and shall retain all rights to state personnel system and retirement benefits under the laws of the state, and their services shall be deemed to be continuous. All transfers and any abolishment of positions of personnel in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations.
Source: L. 68: p. 93, § 32. C.R.S. 1963: § 3-28-31.
24-1-133. Transfer of property and records. In all cases where, under the provisions of this article, the powers, duties, and functions of any department, institution, or other agency are transferred to a principal department or divided between any two or more principal departments, such principal department shall succeed to all property and records which were used for or pertain to the performance of the powers, duties, and functions transferred. Any conflict as to the proper disposition of such property or records arising under this section and resulting from the transfer, allocation, abolishment, or division of any department, institution, or other agency or the powers, duties, and functions thereof shall be determined by the governor, whose decision shall be final.
Source: L. 68: p. 93, § 33. C.R.S. 1963: § 3-28-32.
24-1-134. Subsequent powers and functions - assignment. Pursuant to the provisions of section 22 of article IV of the state constitution, all powers and functions of the executive department of state government created or specified by law after July 1, 1968, including the creation of any new division, section, unit, or other agency of said executive department, shall be assigned to a principal department, and such powers and functions shall be exercised under such principal department as if the same were transferred to such department by this article under a type 2 transfer, unless otherwise specified by such law.
Source: L. 68: p. 93, § 35. C.R.S. 1963: § 3-28-33.
24-1-135. Effect of congressional redistricting on boards and commissions - definition. (1) As used in this section, board includes any board, commission, committee, task force, or other similar body created in the state constitution or state statute.
(2) Unless a section of the state constitution or a statute creating a board provides otherwise:
(a) Any member of a board who was appointed or elected to the office as a resident of a designated congressional district pursuant to any section of the state constitution or any statutory section creating the board and who no longer resides in the congressional district solely because of a change made to the boundaries of the district pursuant to sections 44 to 44.6 of article V of the state constitution is eligible to hold office for the remainder of the term to which the member was elected or appointed, notwithstanding the nonresidency of the member.
(b) When a board increases in size or changes in composition due to the addition of a congressional district following a federal decennial census, an appointing authority responsible for making appointments of members from the state's congressional districts shall appoint a member to represent the new district as soon as practicable in the year following the approval of the new congressional district's boundaries pursuant to sections 44 to 44.6 of article V of the state constitution. The newly appointed member serves a full term as set forth in the state constitution or statute for a member of the board; except that the appointing authority may appoint the member for a shorter term if necessary to preserve any required staggering of the terms of the members of the board.
(c) (I) When a board decreases in size or changes in composition due to the loss of a congressional district following a federal decennial census, an appointing authority responsible for making appointments of members from the state's congressional districts shall review the current appointments to the board and:
(A) If the board decreases in size, select one board member whose term shall be terminated on June 30 of the year following the change in the number of congressional districts; or
(B) If the board changes in composition, select one board member appointed to represent a congressional district to be replaced with an at-large or other member when the member's term expires.
(II) In making the selections required by subsection (2)(c)(I) of this section, the appointing authority shall consider how well the current appointments represent the state's new congressional districts and attempt to ensure adequate representation for the new districts among the remaining board members for the remainder of their terms. If necessary, the appointing authority shall clarify which districts the remaining members represent and may adjust the terms of the remaining members to preserve any required staggering of the terms of the members of the board.
Source: L. 72: p. 545, § 2. C.R.S. 1963: § 3-28-35. L. 76: Entire section amended, p. 400, § 10, effective April 13. L. 81: Entire section amended, p. 1338, § 3, effective July 1. L. 82: Entire section R&RE, p. 349, § 1, effective April 30. L. 84: Entire section amended, p. 923, § 14, effective January 1, 1985. L. 85: Entire section amended, p. 382, § 5, effective April 17. L. 91: Entire section amended, p. 890, § 16, effective June 5. L. 92: Entire section amended, p. 1060, § 1, effective June 1. L. 2005: Entire section amended, p. 670, § 10, effective June 1. L. 2007: (2) amended, p. 2032, § 46, effective June 1. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1704, § 33, effective May 29; (2) amended, (SB 18-034), ch. 14, p. 245, § 29, effective October 1. L. 2019: Entire section amended, (SB 19-241), ch. 390, p. 3468, § 25, effective October 1. L. 2022: Entire section R&RE, (SB 22-013), ch. 2, p.2, § 1, effective February 25.
Editor's note: Amendments to subsection (2) by SB 18-034 and HB 18-1375 were harmonized.
24-1-135.1. Effect of congressional redistricting related to 2000 federal decennial census - definition. (Repealed)
Source: L. 2002: Entire section added, p. 942, § 1, effective August 7. L. 2003: (1)(a) amended, p. 1997, § 44, effective May 22. L. 2005: (1)(a) amended, p. 671, § 11, effective June 1; (1)(a) amended, p. 207, § 1, effective August 8. L. 2013: (1)(a) amended, (HB 13-1139), ch.120, p. 408, § 6, effective August 7. L. 2017: (1)(a) amended, (HB 17-1024), ch. 7, p. 21, § 2, effective August 9. L. 2022: Entire section repealed, (SB 22-013), ch. 2, p. 94, § 133, effective February 25.
Editor's note: Amendments to subsection (1)(a) by House Bill 05-1063 and House Bill 05-1205 were harmonized.
24-1-135.5. Boards and commissions - definitions. (1) As used in this section, board includes any board, commission, committee, task force, or other similar body created in the state constitution or state statute.
(2) Unless a section of the state constitution or a statute creating a board provides otherwise:
(a) Any vacancy in an appointed office on a board arising for any reason other than the expiration of the member's term shall be filled by the appointing authority who made the initial appointment for the remainder of the unexpired term. An appointment to fill a vacancy is subject to the same qualifications and conditions as set forth in statute or in the state constitution for the vacant position. The staff of a state agency that provides staff support to the board, or, if no agency provides staff support to the board, the chair of the board, shall notify the appointing authority for the vacant position of the vacancy by email within thirty days of the vacancy occurring.
(b) Notwithstanding the term length set forth in statute or the state constitution, an appointed member continues to serve until the member's successor is duly appointed.
(c) When the director or executive director of an executive agency, a division of an executive agency, or an office within an executive agency is an ex officio member of a board, the director or executive director may designate another person within the executive agency to fulfill the director or executive director's duties on the board.
(d) When a constitutional or statutory provision that creates or concerns activities of a board includes a requirement that applies to a minimum majority of the membership of a board, minimum majority means the lowest number of members that is more than half of all board members.
(e) A member of a board may participate remotely in board meetings if allowed by the board's policies or bylaws, including for the purposes of establishing a quorum of the board. Remote participation by a member at a board meeting must be recorded in the meeting minutes.
(f) For the purposes of any term limit that applies to the members of a board, a partial term counts toward the term limit only if the partial term was more than half the length of a standard term for a member of that board.
Source: L. 2022: Entire section added, (SB 22-013), ch. 2, p. 3, § 2, effective February 25.
24-1-136. Information Coordination Act - policy - functions of the heads of principal departments. (1) This section shall be known and may be cited as the Information Coordination Act. The legislative policy with reference to the coordination of information is hereby declared to be that:
(a) The operational reports of the executive agencies should provide complete, concise, and useful information about executive operations to the governor and the general assembly;
(b) The publications of executive agencies should be clearly related to agency functions and cost no more than is necessary to accomplish the purpose for which the material is published;
(c) Executive agencies should recover the full cost of those publications not necessary to the agency's function but issued for the convenience of the users;
(d) Publication activities of executive agencies should be responsive to the direction of the governor; and
(e) Operational reports and publications of executive agencies should continue to be produced as long as they are useful, but the need for them should be reviewed periodically to ensure that public resources are not misdirected toward the fulfillment of outmoded directives.
(2) There is assigned to the heads of the principal departments the function of coordination and control of operational and administrative information within the executive branch.
(3) The heads of the principal departments shall jointly have the following responsibilities of coordination and control:
(a) Development and direction of a system for the collection, coordination, control, and distribution of state operational and administrative reports and information;
(b) (I) Preparation for the governor of annual reports by the principal departments, accounting to the general assembly for the operations of all agencies in the executive branch, which shall include the results of any actions in furtherance of measurable annual objectives in the areas of operational efficiency and effectiveness set forth in the budget request of each department pursuant to section 24-37-304 (1)(a); and
(II) Publication of such reports subject to the approval of the governor;
(c) Preparation of operational and administrative reports and bringing to the attention of the governor special problems of agencies as disclosed through the reporting system;
(d) Repealed.
(e) Delivery to the custody of the state librarian of four copies of all state publications pursuant to section 24-90-204; and
(f) Effecting economies in the publication of operational and administrative information consistent with the purpose of the publication and without interference to the discharge of the agency's statutory responsibilities.
(4) The governor or the general assembly may at any time require that the heads of the principal departments collect and from time to time publish certain regular or special reports, in whole or in part.
(5) The provisions of this section shall not apply to reports and publications of the legislative and judicial branches of state government nor to the publications of executive agencies in connection with research they perform under contract.
(6) Nothing in this section shall be construed to change or supersede the present authority and responsibility of the executive director of the department of personnel to act as official custodian and trustee of permanent public documents and to respond to all reasonable requests for reference, research, and information and to provide facsimiles thereof concerning the contents of original agency reports.
(7) The authority of the heads of the principal departments over the issuance of publications as prescribed in this section shall in no way be construed as being in contravention of those administrative procedure laws which elsewhere either grant powers to executive agencies to promulgate and issue agency rules and regulations or define legal notice and publication with reference to such rules and regulations.
(8) Nothing in this section shall be construed to empower anyone to restrict or inhibit the free flow of news or the release of public information, or to establish censorship or control over news or information of actions by public employees or public bodies, or to restrict public access to public records; nor shall any part of this section be construed as restricting, amending, superseding, or contravening any existing law, order, or requirement relating to any required or permitted official or public notice or legal advertisement.
(9) Whenever any report is required or allowed to be made to the general assembly, including any report required to be made to any committee of the general assembly or legislative staff, the reporting entity shall file one electronic copy of the report with the joint legislative library, and four hard copies with the state librarian for the state publications depository and distribution center. Such filing is sufficient to comply with the direction or authority to make such report. The electronic filing shall be by means of a portable document format and shall include a hyperlink to the website where the report is located, if the report is directly accessible via the internet. If the reporting entity cannot provide an electronic copy of the report to the joint legislative library, then the reporting entity shall deliver six hard copies to the joint legislative library. The joint legislative library is responsible for delivering an electronic or hard copy of the report to the legislators, legislative committees, or legislative staff, as applicable, who are to receive the report. A legislator may request from the joint legislative library delivery of a hard copy of any report.
(10) An agency or department not having an appropriation for producing publications to be sold to the public shall obtain the approval of the controller prior to making any disbursements for said publications. The request for approval shall include the proposed procedures for control of the proceeds of sales.
(11) (a) (I) Effective July 1, 1996, whenever any report is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis, the requirement for such report shall expire on the day after the third anniversary of the date on which the first such report is due unless the general assembly, acting by bill, continues the requirement.
(II) Repealed.
(b) Among the matters to be considered by the sunrise and sunset review committee, created by joint rule of the senate and house of representatives, during each interim shall be an inventory and review of all existing requirements for reports by executive agencies or the judicial branch to the general assembly that are due to expire on or before July 1 of the following year pursuant to paragraph (a) of this subsection (11); except that, if House Bill 96-1159 is enacted at the second regular session of the sixtieth general assembly and becomes law or if, for any other reason, the sunrise and sunset review committee ceases to exist, such inventory and review shall be conducted by the several committees of reference as directed by the president of the senate and the speaker of the house of representatives, or otherwise as follows:
(I) The agriculture, livestock, and natural resources committee in the house of representatives and the agriculture, natural resources, and energy committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 33 to 37, C.R.S.;
(II) The appropriations committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in articles 75 to 114 of this title;
(III) The business affairs and labor committee in the house of representatives and the business, labor, and technology committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 4 to 12 and 40, C.R.S.;
(IV) The education committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 22 and 23, C.R.S.;
(V) The finance committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 38 and 39, C.R.S.;
(VI) The health and human services committees in the house of representatives and the senate, or any successor committees, shall consider reporting requirements contained in titles 25 to 27, C.R.S.;
(VII) The judiciary committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 13 to 21, C.R.S.;
(VIII) The local government committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 30 to 32, C.R.S.;
(IX) The state, veterans, and military affairs committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 1 to 3, C.R.S., titles 28 and 29, C.R.S., and this title with the exception of articles 75 to 114 and, in addition, any reporting requirement not otherwise assigned to a committee of reference under this paragraph (b); and
(X) The transportation and energy committee in the house of representatives and the transportation committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 41 to 43, C.R.S.
Source: L. 83: Entire section added, p. 823, § 1, effective July 1. L. 96: (3)(d) and (6) amended, p. 1515, § 45, effective June 1; (1)(e) and (11) added, p. 1214, §§ 2, 3, effective August 7. L. 97: (3)(b) amended, p. 331, § 2, effective April 16; (11)(a)(II)(A) repealed, p. 1472, § 1, effective June 3. L. 98: (11)(a)(II)(B) repealed, p. 733, § 24, effective May 18. L. 2000: (11)(a)(II) amended, p. 1512, § 1, effective August 2; (11)(a)(II)(C) repealed, p. 1547, § 9, effective August 2. L. 2001: (11)(a)(II)(D) and (11)(a)(II)(E) repealed, p. 1169, § 1, effective August 8; (11)(a)(II)(D) and (11)(a)(II)(E) repealed, p. 1175, § 1, effective August 8. L. 2002: (11)(a)(II)(F) repealed, p. 874, § 16, effective August 7. L. 2007: (11)(b) amended, p. 2032, § 47, effective June 1. L. 2008: (9) amended, p. 1268, § 4, effective August 5. L. 2012: (9) amended, (SB 12-152), ch. 115, p. 395, § 1, effective August 8. L. 2017: (11)(a)(II) repealed, (SB 17-294), ch. 264, p. 1400, § 66, effective May 25. L. 2023: (3)(d) repealed, (HB 23-1056), ch. 369, p. 2220, § 3, effective August 7.
Editor's note: House Bill 96-1159, referenced in subsection (11)(b), was enacted and became law, effective May 23, 1996.
Cross references: (1) For the provisions concerning the inspection, copying, or photographing of public records, see part 2 of article 72 of this title.
(2) For the legislative declaration contained in the 1996 act enacting subsections (1)(e) and (11), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-1-136.5. Long-range planning for capital construction, controlled maintenance, capital renewal - policy - heads of principal departments. (1) The executive director of each department, after consultation with the directors of the subordinate agencies, divisions, or offices within the department, has the authority to prescribe uniform policies, procedures, and standards of space utilization in department facilities, except for office space, for the development and approval of capital construction, controlled maintenance, and capital renewal projects for the department. Nothing in this subsection (1) should be construed to alter the authority of the office of the state architect to prescribe uniform standards for office space pursuant to section 24-30-1303 (1)(h).
(2) The executive director shall review facilities master planning and facilities program planning for all capital construction, controlled maintenance, and capital renewal projects on department real property, regardless of the source of funds and shall submit for approval all such facilities master plans and facilities program plans to the office of the state architect for approval as specified in section 24-30-1311. No capital construction, controlled maintenance, or capital renewal shall commence except in accordance with an approved facilities master plan, facilities program plan, and physical plan.
(3) The executive director shall ensure conformity of facilities master planning with approved department operational master plans, facilities program plans with approved facilities master plans, and physical plans with approved facilities program plans.
(4) Plans for any capital construction, controlled maintenance, or capital renewal project for the department are subject to the approval of the executive director, regardless of the source of funds. The executive director may exempt any project which requires less than five hundred thousand dollars of state moneys from the requirements for master planning and program planning.
(5) The executive director shall annually request from the director of each subordinate agency, division, or office within the department a five-year projection of any capital construction, controlled maintenance, and capital renewal projects. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the director's priority for each project. The executive director shall determine whether a proposed project is consistent with operational master planning and facilities master planning of the department and conforms to space utilization standards established pursuant to subsection (1) of this section and section 24-30-1303 (1)(h).
(6) (a) The executive director shall annually establish a department five-year capital construction, controlled maintenance, and capital renewal plan coordinated with department operational master plans and facilities master plans and forward the five-year plan to the office of the state architect for review as required in section 24-30-1311.
(b) The executive director shall transmit to the office of the state architect, consistent with the executive budget timetable, a recommended priority of funding of capital construction, controlled maintenance, and capital renewal projects for the department.
(c) Except as provided in subsection (4) of this section, it is the policy of the general assembly to appropriate funds only for projects approved by the office of the state architect.
(7) Any acquisition or utilization of real property by a department that is conditional upon or requires expenditures of state funds or federal funds is subject to the approval of the executive director and the office of the state architect, regardless of whether the acquisition is by lease, financed purchase of an asset, certificate of participation, purchase, gift, or otherwise.
(8) Prior to approving the facilities master plan and facilities program plan for any capital construction, controlled maintenance, or capital renewal project to be constructed, operated, and maintained solely from fees, gifts and bequests, grants, revolving funds, or a combination of such sources, the executive director shall request and consider recommendations from the office of the state architect.
(9) This section does not apply to the department of higher education, nor should it be construed to alter the duties of the Colorado commission on higher education set forth in section 23-1-106, C.R.S.
(10) As used in this section, unless the context otherwise requires:
(a) Capital construction has the same meaning as set forth in section 24-30-1301 (2).
(b) Capital renewal has the same meaning as set forth in section 24-30-1301 (3).
(c) Controlled maintenance has the same meaning as set forth in section 24-30-1301 (4), including the limitations specified in section 24-30-1303.9.
(d) Facility has the same meaning as set forth in section 24-30-1301 (8).
(e) Real property has the same meaning as set forth in section 24-30-1301 (15).
Source: L. 94: Entire section added, p. 561, § 2, effective April 6. L. 95: (1) amended, p. 639, § 28, effective July 1. L. 2007: (4) amended, p. 868, § 1, effective May 14. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1836, § 36, effective June 6. L. 2015: (1), (2), (6), (7), and (8) amended, (SB 15-270), ch. 296, p. 1217, § 16, effective June 5. L. 2021: (7) amended, (HB 21-1316), ch. 325, p. 2024, § 30, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-1-137. Effect of decrease in length of terms of office for certain state boards, commissions, authorities, and agencies. (Repealed)
Source: L. 87: Entire section added, p. 901, § 1, effective June 15. L. 90: Entire section amended, p. 1152, § 3, effective March 13. L. 91: Entire section amended, p. 890, § 17, effective June 5. L. 2000: Entire section amended, p. 1296, § 18, effective May 26. L. 2001: Entire section amended, p. 479, § 10, effective July 1. L. 2003: Entire section amended, p. 793, § 18, effective July 1. L. 2005: Entire section amended, p. 671, § 12, effective June 1. L. 2006: Entire section amended, p. 1658, § 3, effective July 1. L. 2010: Entire section amended, (SB 10-158), ch. 231, p. 1014, § 3, effective July 1. L. 2011: Entire section amended, (HB 11-1060), ch. 31, p. 88, § 2, effective August 10. L. 2022: Entire section repealed, (SB 22-013), ch. 2, p. 94, § 133, effective February 25.
24-1-138. Mandatory donation of services prohibited. (1) A regulatory agency or other department, division, agency, branch, instrumentality, or political subdivision of state government shall not require:
(a) A person practicing a regulated profession or occupation to donate the person's professional services without compensation to another person as a condition of admission to or continued licensure, or other authorization to practice the profession or occupation; or
(b) Payment of money in lieu of uncompensated service.
(2) This section shall not be construed to prohibit the crediting of required hours of continuing education in exchange for hours of donated services by a person in a regulated profession or occupation.
Source: L. 2019: Entire section added with relocations, (HB 19-1172), ch. 136, p. 1642, § 2, effective October 1.
Editor's note: This section is similar to former § 12-1.5-101 as it existed prior to 2019.
ARTICLE 1.5
State Administrative Organization Board
24-1.5-101. Legislative declaration. The general assembly hereby finds and declares that the proliferation of type 1 agencies in state government has increased the number of state government programs through the adoption of administrative rules and regulations and that the level of accountability within each principal department of state government has decreased due to the independence of the type 1 agencies. The general assembly therefore adopts this article in order to evaluate existing type 1 agencies and to determine whether agencies created in the future should be so designated.
Source: L. 90: Entire article added, p. 1177, § 1, effective May 24.
24-1.5-101.5. Definitions. As used in this article 1.5, unless the context otherwise requires:
(1) Board means the state administrative organization board created in section 24-1.5-102 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2057, § 129, effective August 6.
24-1.5-102. State administrative organization board - creation - duties. (1) There is hereby created the state administrative organization board, to be comprised of eleven members. Two members of the board shall be appointed by the speaker of the house of representatives, one of whom shall be a member of the general assembly. One member shall be appointed by the minority leader of the house of representatives and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the speaker shall not be a member of the general assembly and shall not be a state government employee. Two members of the board shall be appointed by the president of the senate, one of whom shall be a member of the senate. One member shall be appointed by the minority leader of the senate and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the president shall not be a member of the general assembly and shall not be a state government employee. Five members of the board shall be appointed by the governor, three of whom shall not be members of the general assembly or state government employees.
(2) The board shall develop a procedure to systematically and regularly review the functions and duties of all type 1 agencies in accordance with a schedule that the board shall devise. The board shall establish criteria for type 1 agencies to determine whether all existing type 1 agencies should continue as type 1 agencies and to evaluate the designation of proposed new type 1 agencies.
(3) The board shall select a chairman from among its members, and it shall meet as often as necessary to carry out the duties specified in this section.
Source: L. 90: Entire article added, p. 1177, § 1, effective May 24. L. 96: (2) and (3) amended, p. 1271, § 203, effective August 7. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2058, § 130, effective August 6.
Cross references: For the legislative declaration contained in the 1996 act amending subsections (2) and (3), see section 1 of chapter 237, Session Laws of Colorado 1996.
ARTICLE 1.7
Restructuring the Health
and Human Services Delivery System
Editor's note: This article was added in 1993. This article was repealed and reenacted in 1997, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
24-1.7-101. Legislative declaration. The general assembly hereby declares its support for local flexibility in the planning and delivery of health and human services and states its intent to foster continuing coordination, communication, and collaboration at the local level. The general assembly further states its support for local decisions to utilize people and resources at the local level in a more efficient, effective, and economical manner through consolidation of local advisory boards. The general assembly further declares its intent to streamline local planning and community input mechanisms.
Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1.
Editor's note: This section is similar to former §§ 24-1.7-101 and 24-1.7-401 as they existed prior to 1997.
24-1.7-102. Local health and human services advisory boards - creation - functions. (1) In order to accomplish the intent of prior legislation on human services delivery that there be an ongoing process or forum for continued coordination and collaboration at the local level concerning the delivery of human services, this article authorizes the creation of local health and human services advisory boards. A local health and human services advisory board may serve a single county, two or more counties jointly, one or more judicial districts, or other service areas. Members of an advisory board shall be appointed by the governing body or bodies of the counties included. Membership shall be locally determined and shall include appropriate geographic, ethnic, and cultural representation and representation from the public and from consumers of services. Membership shall also include persons who have program expertise for the types of programs the advisory board advises.
(2) In addition to, in combination with, or in lieu of creating a local health and human services advisory board, a county, judicial district, or other service area may elect to consolidate its advisory board with that of one or more other counties, judicial districts, or service areas as specified in section 24-1.7-103.
Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1.
Editor's note: This section is similar to former §§ 24-1.7-201 and 24-1.7-402 to 24-1.7-404 as they existed prior to 1997.
24-1.7-103. Consolidation of local boards - process - requirements. (1) The general assembly hereby finds that there are many advisory types of boards in the human services delivery system that have similar functions and purposes and have members with similar qualifications and expertise. The general assembly finds that greater efficiency and flexibility would be achieved by allowing counties, judicial districts, and other service areas to combine and consolidate some or all of these boards into one board that serves as a broad-based local planning group and carries out all of the functions and responsibilities of the previous boards through a consolidated board.
(2) Any combination of the following boards or groups may be consolidated into a single advisory board:
(a) Placement alternatives commissions, created pursuant to section 19-1-116 (2)(a), C.R.S.;
(b) Juvenile community review boards, as defined in section 19-2.5-102 and described in section 19-2.5-1402;
(c) Local juvenile services planning committees, created pursuant to section 19-2.5-302;
(d) Child protection teams, if such a team is created pursuant to section 19-3-308 (6)(a);
(e) Family preservation commissions, established pursuant to section 26-5.5-106, C.R.S.;
(f) A local health and human services advisory board, created pursuant to section 24-1.7-102.
(3) The consolidation of, and appointments to, local boards or groups that have different appointing authorities set in statute, are subject to the agreement of each appointing authority. Each of the separate functions and responsibilities of each board or group as specified in statute must continue to be met by the consolidated board.
Source: L. 97: Entire article R&RE, p. 1182, § 1, effective July 1. L. 2017: (2)(d) amended, (SB 17-016), ch. 107, p. 392, § 5, effective August 9. L. 2021: (2)(b) and (2)(c) amended, (SB 21-059), ch. 136, p. 742, § 105, effective October 1.
Editor's note: This section is similar to former § 24-1.7-103 as it existed prior to 1997.
ARTICLE 1.9
Collaborative Management of Multi-agency
Services Provided to Children and Families
24-1.9-101. Legislative declaration. (1) The general assembly hereby finds that children and families often benefit from treatment and services that involve multiple agencies, divisions, units, and sections of departments at the state and county level.
(2) The general assembly further finds that the development of a uniform system of collaborative management is necessary for agencies at the state and county levels to effectively and efficiently collaborate to share resources or to manage and integrate the treatment and services provided to children and families who would benefit from multi-agency services.
(3) (a) The development of a more uniform system of collaborative management that includes the input, expertise, and active participation of parent advocacy or family advocacy organizations may reduce duplication and eliminate fragmentation of services; increase the quality, appropriateness, and effectiveness of services provided; encourage cost sharing among service providers; and ultimately lead to better outcomes and cost-reduction for the services provided to children and families in the state of Colorado.
(b) In addition, the general fund moneys saved through utilizing a collaborative approach and consolidating various sources of agency funding will allow for reinvestment of these moneys by the agencies participating in the systems of collaborative management to provide appropriate support to children and families who would benefit from collaborative management of treatment and services.
(4) The general assembly therefore finds that because a collaborative approach may lead to the provision of more appropriate and effective delivery of services to children and families and may ultimately allow the agencies providing treatment and services to provide appropriate services to children and families within existing consolidated resources, it is in the best interests of the state of Colorado to establish systems of collaborative management of multi-agency services provided to children and families.
Source: L. 2004: Entire article added, p. 1547, § 1, effective May 28. L. 2015: (1), (2), and (3)(a) amended, (SB 15-241), ch. 140, p. 425, § 1, effective May 1.
24-1.9-102. Memorandum of understanding - local-level interagency oversight groups - individualized service and support teams - coordination of services for children and families - requirements - waiver. (1) (a) Local representatives of each of the agencies specified in this subsection (1)(a) and county departments of human or social services may enter into memorandums of understanding that are designed to promote a collaborative system of local-level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multiagency services. The memorandums of understanding entered into pursuant to this subsection (1) must be between interested county departments of human or social services and local representatives of each of the following agencies or entities:
(I) The local judicial districts, including probation services;
(II) The health department, whether a county or district public health agency;
(III) The local school district or school districts;
(IV) Each comprehensive behavioral health safety net provider;
(V) Each behavioral health administrative services organization;
(VI) The division of youth services;
(VII) Repealed.
(VIII) A domestic violence program as defined in section 26-7.5-102, if representation from such a program is available; and
(IX) Each managed care entity, as defined in section 25.5-5-802.
(a.5) In addition to the parties specified in subsection (1)(a) of this section, the memorandums of understanding entered into pursuant to this subsection (1) may include family resource centers created pursuant to part 1 of article 3 of title 26.5.
(b) The general assembly strongly encourages the agencies specified in paragraphs (a) and (a.5) of this subsection (1) to enter into memorandums of understanding that are regional.
(c) Notwithstanding the provisions of subsection (1)(b) of this section, the agencies specified in subsections (1)(a) and (1)(a.5) of this section may enter into memorandums of understanding involving only one or more county departments of human or social services, not necessarily by region, as may be appropriate to ensure the effectiveness of local-level interagency oversight groups and individualized service and support teams in the county or counties.
(d) In developing the memorandums of understanding, the general assembly strongly encourages the parties to the memorandums of understanding to seek input, support, and collaboration from key stakeholders in the private and nonprofit sector, as well as parent advocacy or family advocacy organizations that represent family members or caregivers of children who would benefit from multi-agency services.
(e) Nothing precludes the agencies specified in subsections (1)(a) and (1)(a.5) of this section from including parties in addition to the agencies specified in subsections (1)(a) and (1)(a.5) of this section in the memorandums of understanding developed for purposes of this section, and which may include the local juvenile services planning committee as described in section 19-2.5-302.
(1.5) The department of human services shall ensure a uniform system of collaborative management that results in statewide consistency with respect to the requirements for program memorandums of understanding pursuant to this article.
(2) (a) Each memorandum of understanding entered into shall include, but is not limited to, the requirements specified in paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004, utilizing moneys in the performance incentive cash fund created in section 26-5-105.5 (3.2)(a), C.R.S., the state department of human services, in conjunction with the judicial department, shall develop and make available to the parties specified in paragraph (a) of subsection (1) of this section, a model memorandum of understanding based on the requirements specified in paragraphs (b) to (j) of this subsection (2).
(b) Identification of services and funding sources. The memorandum of understanding must specify the legal responsibilities and funding sources of each party to the memorandum of understanding as those responsibilities and funding sources relate to children and families who would benefit from integrated multi-agency services, including the identification of the specific services that may be provided. Specific services that may be provided may include, but are not limited to: Prevention, intervention, and treatment services; family preservation services; family stabilization services; out-of-home placement services; services for children at imminent risk of out-of-home placement; probation services; services for children with behavioral or mental health disorders; public assistance services; medical assistance services; child welfare services; and any additional services the parties deem necessary to identify.
(c) Definition of the population to be served. The memorandum of understanding must include a functional definition of children and families who would benefit from integrated multi-agency services. The collaborative management program target population consists of at-risk children and youth from birth to twenty-one years of age, or families of children or youth, who would benefit from a multi-system integrated service plan that may include prevention, intervention, and treatment services.
(d) Creation of an oversight group. The memorandum of understanding must create a local-level interagency oversight group and identify the oversight group's membership requirements, procedures for selection of officers, procedures for resolving disputes by a majority vote of those members authorized to vote, and procedures for establishing any necessary subcommittees of the interagency oversight group. Each interagency oversight group must include a local representative of each party to the memorandum of understanding specified in subsections (1)(a) and (1)(a.5) of this section, each of whom is a voting member of the interagency oversight group. In addition, the interagency oversight group may include, but is not limited to, the following advisory nonvoting members:
(I) Representatives of interested local private sector entities;
(II) Family members or caregivers of children who would benefit from integrated multi-agency services or current or previous consumers of integrated multi-agency services; and
(III) Representatives or practitioners from local, regional, or statewide restorative justice programs.
(e) Establishment of collaborative management processes. The memorandum of understanding shall require the interagency oversight group to establish collaborative management processes to be utilized by individualized service and support teams authorized pursuant to subsection (2)(f) of this section when providing services to children and families served by the parties to the memorandum of understanding. The collaborative management processes required to be established by the interagency oversight group shall address risk-sharing, resource-pooling, performance expectations, outcome-monitoring, and staff-training, and shall be designed to do the following:
(I) Reduce duplication and eliminate fragmentation of services provided to children or families who would benefit from integrated multi-agency services;
(II) Increase the quality, appropriateness, and effectiveness of services delivered to children or families who would benefit from integrated multi-agency services to achieve better outcomes for these children and families; and
(III) Encourage cost sharing among service providers.
(f) Authorization to create individualized service and support teams. The memorandum of understanding must include authorization for the interagency oversight group to establish individualized service and support teams to develop a service and support plan and to provide services to children and families.
(g) Authorization to contribute resources and funding. The memorandum of understanding shall specify that each party to the memorandum of understanding has the authority to contribute time, resources, and funding to solve problems identified by the local-level interagency oversight group in order to create a seamless, collaborative system of delivering multi-agency services to children and families, upon approval by the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section.
(h) Reinvestment of money saved to serve additional children and families. The memorandum of understanding must require the interagency oversight group to create a procedure, subject to approval by the head or director of each agency or department specified in subsections (1)(a) and (1)(a.5) of this section, to allow any money resulting from waivers granted by the federal government, any local funds, and any state general fund money appropriated to the program to be used to provide services to children and families who would benefit from integrated multi-agency services, as the population is defined by the memorandum of understanding pursuant to subsection (2)(c) of this section.
(i) Repealed.
(j) Confidentiality compliance. The memorandum of understanding shall include a provision specifying that state and federal law concerning confidentiality shall be followed and that records used or developed by the interagency oversight group or its members or the individualized service and support teams that relate to a particular person are to be kept confidential and may not be released to any other person or agency except as provided by law.
(3) Each department or division, section, unit, or agency within a department that is a party to the memorandum of understanding shall enter into the memorandum of understanding and all revisions to the memorandum. Revisions to the memorandum shall be developed as necessary to reflect department reorganizations or statutory changes affecting the departments that are parties to the memorandum.
(4) The departments and agencies that provide oversight to the parties to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section are authorized to issue waivers of any rules to which the departments and agencies are subject and that would prevent the departments from effective implementation of the memorandums of understanding; however, the departments and agencies are prohibited from waiving a rule in violation of federal law or that would compromise the safety of a child.
Source: L. 2004: Entire article added, p. 1548, § 1, effective May 28. L. 2008: IP(1)(a), (1)(a)(IV), (1)(a)(V), and (2)(h) amended and (1)(a)(VI) and (1)(a)(VII) added, p. 1529, § 1, effective May 28. L. 2009: (1)(a)(VI) and (1)(a)(VII) amended and (1)(a)(VIII) added, (HB 09-1007), ch. 32, p. 137, § 1, effective August 5. L. 2010: (1)(a)(VII) amended, (SB 10-175), ch. 188, p. 795, § 51, effective April 29; (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4) amended, (SB 10-007), ch. 148, p. 510, § 2, effective August 11; (1)(a)(II) amended, (HB 10-1422), ch. 419, p. 2081, § 59, effective August 11. L. 2015: (1.5) added and (2)(c), (2)(h)(I), and (2)(i) amended, (SB 15-241), ch. 140, p. 426, § 2, effective May 1. L. 2017: (2)(b) amended, (SB 17-242), ch. 263, p. 1320, § 176, effective May 25; IP(1)(a) and (1)(a)(VI) amended, (HB 17-1329), ch. 381, p. 1981, § 51, effective June 6. L. 2018: (1)(e) amended, (SB 18-154), ch. 161, p. 1125, § 3, effective April 25; (2)(h) amended, (SB 18-254), ch. 216, p. 1373, § 2, effective May 18; IP(1)(a) and (1)(c) amended, (SB 18-092), ch. 38, p. 439, § 94, effective August 8. L. 2021: (1)(e) amended, (SB 21-059), ch. 136, p. 742, § 106, effective October 1. L. 2022: (1)(a)(VIII) amended, (SB 22-183), ch. 194, p. 1304, § 10, effective May 19; (1)(a.5) amended, (HB 22-1295), ch. 123, p. 843, § 63, effective July 1; (1)(a)(IV) and (1)(a)(V) amended, (HB 22-1278), ch. 222, p. 1590, § 223, effective July 1, 2024. L. 2023: (2)(d) and (2)(f) amended and (2)(i) repealed, (HB 23-1249), ch. 287, p. 1722, § 3, effective August 7. L. 2025: (1)(a)(VII) repealed, (1)(a)(VIII) amended, and (1)(a)(IX) added, (HB 25-1035), ch. 32, p. 169, § 1, effective March 26.
Editor's note: Amendments to subsection (1)(a)(II) by House Bill 10-1422 and Senate Bill 10-007 were harmonized. Amendments to subsection (1)(a)(VII) by Senate Bill 10-007 and Senate Bill 10-175 were harmonized.
Cross references: (1) For the legislative declaration in the 2010 act amending subsections (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4), see section 1 of chapter 148, Session Laws of Colorado 2010.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
24-1.9-102.3. Duties of individualized service and support teams. (1) A local collaborative management program, as described in section 24-1.9-102, must create one or more individualized service and support teams. An individualized service and support team may refer a child to services and may establish a service and support plan for a child after meeting with the child, the child's family, and any other relevant party or community partners.
(2) The information form for children created in section 24-1.9-102.7, or any other form created by the local collaborative management program, may be used by multiple agencies to refer a child to a local collaborative management program in accordance with the local collaborative management program's memorandum of understanding. Such agencies include, but are not limited to:
(a) Law enforcement;
(b) A district attorney;
(c) A school;
(d) A family resource center;
(e) A child advocacy center; and
(f) A county department of human or social services.
(3) The following persons or agencies may have access to records created by an individualized service and support team, including service and support plans:
(a) The county department of human or social services when investigating a report of a known or suspected incident of child abuse or neglect or providing services for a child or family who is the subject of the report;
(b) An agency with legal responsibility or authorization to care for, treat, or supervise a child who is the subject of the record;
(c) A parent, legal guardian or custodian, or other person responsible for the health or welfare of a child named in a record, or the assigned designee of any such person acting by and through a validly executed power of attorney;
(d) The child named in the record and the child's guardian ad litem or counsel for youth;
(e) (I) A service provider who is and continues to be officially and professionally involved in the care of the child who is the subject of the record, but only with regard to information that the service provider has a need to know in order to fulfill the service provider's professional, official, and ongoing role, including:
(A) Hospital personnel engaged in the admission, care, or treatment of the child;
(B) Mental health professionals;
(C) Physicians or surgeons, including physicians in training;
(D) Registered nurses or licensed practical nurses;
(E) Dentists;
(F) Psychologists licensed pursuant to part 3 of article 245 of title 12;
(G) Unlicensed psychotherapists;
(H) Professional counselors licensed pursuant to part 6 of article 245 of title 12;
(I) Marriage and family therapists licensed pursuant to part 5 of article 245 of title 12;
(J) Public or private school officials or employees;
(K) Social workers licensed pursuant to part 4 of article 245 of title 12 or individuals employed by an agency that is licensed or certified pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;
(L) Victim's advocates, as defined in section 13-90-107 (1)(k)(II);
(M) Clergy members, as defined in section 19-3-304 (2)(aa)(III); or
(N) Educators providing services through the federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786.
(II) Information disclosed to a service provider pursuant to this subsection (3)(e) is confidential and shall not be disclosed by the service provider to any other person, except as provided by law.
(4) Information disclosed pursuant to subsection (3) of this section must not include the contact information of a victim, or any identifying information of a victim, unless the victim consents to sharing information.
(5) Notwithstanding any other provision of law to the contrary, a child's records, statements, or history with the local collaborative management program are not, without the child's consent, admissible as evidence in any adjudicatory or criminal hearing in which the child is accused and are not subject to subpoena in any adjudicatory or criminal hearing in which the juvenile is accused. This subsection (5) does not supercede any obligations and duties of any mandatory reporter pursuant to section 19-3-304.
(6) The court with jurisdiction to hear the case at issue may have access to the current service and support plan created by an individualized service and support team.
(7) Nothing in this section prohibits the release of records created by the individualized service and support team pursuant to existing law of this state.
Source: L. 2023: Entire section added, (HB 23-1249), ch. 287, p. 1723, § 4, effective August 7. L. 2025: IP(3) amended and (6) and (7) added, (HB 25-1035), ch. 32, p. 170, § 2, effective March 26.
Cross references: For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
24-1.9-102.5. Evaluation. The department of human services shall ensure that an annual external evaluation of the statewide program and each county or regional program is conducted by an independent outside entity. The department may contract with the outside entity to conduct an external evaluation of those counties that opted not to participate in the collaborative management program. The department of human services shall utilize money in the collaborative management cash fund created in section 24-1.9-104, or any general fund money appropriated for this purpose, for annual external evaluations of the counties participating in memorandums of understanding pursuant to section 24-1.9-102, also known as the local collaborative management program, as well as external evaluations as determined by the department of human services of those counties that opted to not participate in the collaborative management program. The annual external evaluation must include any evaluation that may be required in connection with a waiver authorized pursuant to section 24-1.9-102 (4). Each county participating in the local collaborative management program shall participate fully in the annual external evaluation.
Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2010: Entire section amended, (SB 10-007), ch. 148, p. 512, § 3, effective August 11. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 3, effective May 1. L. 2023: Entire section amended, (HB 23-1249), ch. 287, p. 1725, § 5, effective August 7.
Cross references: For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 148, Session Laws of Colorado 2010. For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
24-1.9-102.7. Technical assistance. (1) The department of human services shall develop and implement training for counties participating in the local collaborative management program. The department of human services shall utilize money in the collaborative management cash fund created in section 24-1.9-104, or any general fund money appropriated for this purpose, to develop and implement training for counties. The training must identify management strategies to collaborate effectively and efficiently to share resources or to manage and integrate the treatment and services provided to children and families receiving collaborative management services pursuant to this article 1.9, and strategies to address the needs of children who would benefit from integrated multi-agency services, including children who have had contact with law enforcement or are at risk of involvement with the juvenile justice system. In developing services to support victims, the department of human services shall consult with the department of public safety and the district attorneys. In developing the training and strategies to integrate treatment and services for children who have engaged in behavior in which the underlying factual basis involves unlawful sexual behavior, the department of human services shall consult with the sex offender management board created pursuant to section 16-11.7-103. In developing the training and oversight, the department of human services shall consider the report from the pre-adolescent services task force created in section 19-3-304.4.
(2) On or before December 1, 2023, the department of human services shall create a model information form for children for a party to use to refer a child to a local collaborative management program for assessment and services.
Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 4, effective May 1. L. 2023: Entire section amended, (HB 23-1249), ch. 287, p. 1726, § 6, effective August 7.
Cross references: For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
24-1.9-103. Reports - executive director review. (1) Commencing January 1, 2007, and on or before each January 1 thereafter, each interagency oversight group shall provide a report to the executive director of each department and agency that is a party to any memorandum of understanding entered into that includes:
(a) The number of children and families served through the individualized service and support teams and a description of the recommended services; the outcomes of the services provided, including the number, age, race, gender, and, if known, the disability status of the children served; a description of the outcomes for children served; and a description of any reduction in duplication or fragmentation of services provided and a description of any significant improvement in outcomes for children and families;
(b) A description of estimated costs of implementing the collaborative management approach and any estimated cost-shifting or cost-savings that may have occurred by collaboratively managing the multi-agency services provided through the individualized service and support teams;
(b.5) The number of children and families who were referred to a local collaborative management program and did not receive recommended services, including a description of the services that were recommended but not provided; a description of the barriers to providing such services; and the age, race, gender, and, if known, the disability status of the children;
(b.7) The number of children, by age, served by a local collaborative management program, who were referred by the juvenile justice system;
(b.8) The number of children, by age, who were served by a local collaborative management program, who were referred by a county department of human or social services, including referrals through a dependency and neglect case;
(b.9) The number of children, by age, who were served by a local collaborative management program and who identified themselves to the local collaborative management program as:
(I) A named victim in a criminal protection order pursuant to section 18-1-1001 or in a juvenile delinquency or criminal case;
(II) A recipient of victim compensation pursuant to article 4.1 of this title 24; or
(III) A protected party in a protection order pursuant to article 14 of title 13, section 19-2-707 as it existed prior to its repeal in 2021, or section 18-1-1001;
(c) An accounting of money that was reinvested in additional services provided to children or families who would benefit from integrated multi-agency services due to cost-savings that may have resulted;
(d) A description of any identified barriers to the ability of the state and county to provide effective services to persons who received multi-agency services; and
(e) Any other information relevant to improving the delivery of services to persons who would benefit from multi-agency services.
(2) (a) Utilizing the reports created pursuant to subsection (1) of this section, the persons specified in paragraph (b) of this subsection (2) shall meet at least annually with the governor, or his or her designee, to review the activities and progress of counties and agencies engaged in collaborative management of multi-agency services provided to children and families. The purpose of the meeting shall be to identify barriers encountered in collaborative management development or implementation or reinvestment of moneys and to discuss and effectuate solutions to these barriers to achieve greater efficiencies and better outcomes for the state, for local communities, and for persons who would benefit from multi-agency services.
(b) The following persons or their designees shall attend the annual meeting required pursuant to subsection (2)(a) of this section:
(I) The commissioner of education;
(II) A superintendent of a school district that has entered into a memorandum of understanding, as such superintendent is selected by the commissioner of education;
(III) A director of a county department of human or social services that has entered into a memorandum of understanding, as such director is selected by the executive director of the state department of human services;
(IV) The executive director of the department of health care policy and financing;
(V) The executive director of the department of human services;
(VI) A director of a local mental health center that has entered into a memorandum of understanding, as such director is selected by the executive director of the department of human services;
(VII) A representative from a statewide parent advocacy or family advocacy organization who participated in the development of a memorandum of understanding, as such representative is selected by a director of a county department of human or social services chosen by the state department of human services;
(VIII) The executive director of the department of public health and environment; and
(IX) The chief justice of the Colorado supreme court.
Source: L. 2004: Entire article added, p. 1552, § 1, effective May 28. L. 2015: (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI) amended, (SB 15-241), ch. 140, p. 428, § 5, effective May 1. L. 2018: IP(2)(b), (2)(b)(III), and (2)(b)(VII) amended, (SB 18-092), ch. 38, p. 439, § 95, effective August 8. L. 2023: (1)(a), (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI) amended and (1)(b.5), (1)(b.7), (1)(b.8), and (1)(b.9) added, (HB 23-1249), ch. 287, p. 1726, § 7, effective August 7.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
24-1.9-104. Cash fund - creation - grants, gifts, and donations. (1) On July 1, 2005, there is created in the state treasury the collaborative management cash fund, which is referred to in this section as the fund. The money in the fund is subject to annual appropriation by the general assembly to the department of human services for state fiscal year 2005-06 and each fiscal year thereafter. The fund consists of money received from docket fees in civil actions and transferred as specified in section 13-32-101.
(1.5) Repealed.
(2) The executive director of the department of human services is authorized to accept and expend on behalf of the state any grants, gifts, or donations from any private or public source for the purposes of this section. All private and public funds received through grants, gifts, or donations must be transmitted to the state treasurer, who shall credit the same to the fund in addition to money credited pursuant to subsection (1) of this section and any money that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of money in the fund remains in the fund and does not transfer or revert to the general fund of the state or any other fund at the end of any fiscal year.
(2.5) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct three hundred thousand dollars from the fund and transfer such sum to the general fund.
(3) (a) On and after July 1, 2005, the executive director of the department of human services shall allocate the money in the fund, and any general fund money appropriated for this purpose, to parties to a memorandum of understanding who have agreed to collaborative management pursuant to section 24-1.9-102. The executive director of the department of human services shall:
(I) Beginning July 1, 2023, distribute additional funds appropriated for the 2023-24 state fiscal year to the fund to existing collaborative management programs pursuant to the funding formula in place on June 30, 2023; and
(II) Beginning July 1, 2024, provide an annual sum to each local collaborative management program to provide services to children who would benefit from integrated multi-agency services, including children who have had contact with law enforcement or who are at risk of involvement with the juvenile justice system. For the 2024-25 state fiscal year and each state fiscal year thereafter, the amount of the sum provided to each local collaborative management program must be determined through a funding formula that considers:
(A) The amount of money available in the fund;
(B) The need for a base of resources to direct a child and the child's family members to appropriate services; and
(C) The number of children in the population to be served, as defined by the memorandum of understanding pursuant to section 24-1.9-102, in each county or region.
(a.5) On and after July 1, 2008, the executive director of the department of human services is authorized to allocate money in the fund, and any general fund money appropriated for this purpose, to be used to cover the direct and indirect costs of the external evaluation of the collaborative management program described in section 24-1.9-102 and the technical assistance and training for counties as described in section 24-1.9-102.7.
(b) For purposes of allocating money pursuant to this subsection (3), the executive director of the department of human services shall submit an accounting of money in the fund, and any general fund money appropriated for this purpose, and a proposal for the allocation of money to the state board of human services for review and approval prior to the allocation of the money. The state board of human services shall approve the proposal not later than thirty days after receipt of the proposal from the executive director of the department of human services.
Source: L. 2004: Entire article added, p. 1554, § 1, effective May 28. L. 2008: (3)(a.5) added, p. 1531, § 3, effective May 28. L. 2009: (2.5) added, (SB 09-279), ch. 367, p. 1926, § 7, effective June 1. L. 2011: (1) amended, (HB 11-1303), ch. 264, p. 1164, § 54, effective August 10. L. 2015: (3) amended, (SB 15-241), ch. 140, p. 428, § 6, effective May 1; (1) amended, (SB 15-264), ch. 259, p. 958, § 60, effective August 5. L. 2023: Entire section amended, (HB 23-1249), ch. 287, p. 1728, § 8, effective August 7. L. 2025: (1.5) repealed, (SB 25-266), ch. 108, p. 460, § 1, effective July 1.
Cross references: For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
24-1.9-105. Funding for future local collaborative management programs. (1) For state fiscal year 2023-24, the general assembly shall appropriate two million dollars from the general fund to the department of human services to be used to assist interested counties that do not already operate a local collaborative management program with establishing a local collaborative management program or joining an existing local collaborative management program. The department of human services shall determine the amount that is distributed to a county for this purpose.
(2) All unexpended or unencumbered money that remains at the end of state fiscal year 2023-24 shall revert to the collaborative management cash fund created in section 24-1.9-104.
Source: L. 2023: Entire section added, (HB 23-1249), ch. 287, p. 1729, § 9, effective August 7.
Cross references: For the legislative declaration in HB 23-1249, see section 1 of chapter 287, Session Laws of Colorado 2023.
ARTICLE 2
Organization of Administrative Departments
24-2-101. Application. The provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, and 36 of this title shall not be construed to apply to the judiciary nor the legislature, except when expressly specified.
Source: L. 41: p. 35, § 2. CSA: C. 3, § 2. CRS 53: § 3-1-2. C.R.S. 1963: § 3-1-2. L. 68: p. 138, § 175. L. 2001: Entire section amended, p. 1273, § 29, effective June 5.
24-2-102. Appointment of officers and employees. (1) Except as otherwise provided by law, such officers and employees as may be necessary in each principal department or institution of higher education shall be appointed by the head of each such department or institution in conformity with section 13 of article XII of the constitution of the state and the laws enacted in accordance therewith.
(2) The head of each principal department shall certify to the governor the number of officers and employees needed or required for the operation of his or her department for the ensuing twelve-month period in accordance with article 37 of this title.
(3) If, after appointments have been made to any principal department, the governor is of the opinion that the appointed personnel of any such department is in excess of its needs, the governor may require the separation of any of said appointees if ten days' prior notice of the proposed action is given by the governor to the head of any such department affected and opportunity given to such head within said ten-day period to be heard as to the necessity for the retention of all or any of said appointees proposed to be separated. The decision of the governor after such hearing shall be final and conclusive.
(4) Repealed.
(5) Elective officers shall not be subject to the provisions of this article 2, parts 2 and 11 of article 30, and articles 31, 35, 36, and 101 to 111 of this title 24.
Source: L. 41: p. 37, § 5. CSA: C. 3, §§ 5, 6. CRS 53: § 3-1-5. C.R.S. 1963: § 3-1-4. L. 68: p. 137, § 171. L. 72: p. 182, §§ 2, 3. L. 81: (4) amended, p. 1286, § 4, effective January 1, 1982. L. 91: (4) amended, p. 805, § 2, effective July 1. L. 95: (4) amended, p. 1103, § 35, effective May 31. L. 99: (1) amended, p. 164, § 23, effective August 4. L. 2004: (1) and (2) amended, p. 1693, § 29, effective July 1, 2005. L. 2025, 1st Ex. Sess.: (4) repealed and (5) added, (SB 25B-001), ch. 11, p. 69, § 2, effective August 28.
Editor's note: (1) Subsection (4) was relocated to § 24-75-201.5 (1) in 2025.
(2) Section 4 of chapter 11 (SB 25B-001), Session Laws of Colorado 2025, First Extraordinary Session, provides that the act changing this section applies to revenue estimates and interim revenue estimates presented, and executive orders issued, on or after August 28, 2025.
Cross references: For power of the head of a principal department to discontinue divisions, sections, or units other than those created by law, see § 24-1-107.
24-2-103. Compensation of heads of departments and other officers and employees. (1) (a) Except as provided in paragraph (b) of this subsection (1), officers and employees of the state who are exempt from the state personnel system shall receive compensation as fixed by law. Any officer or employee who receives compensation as fixed by law shall not receive compensation or fees from more than one department or institution of higher education or in more than one capacity; except that the lieutenant governor may be compensated for any additional duties and functions relating to a department or institution of higher education as may be authorized by law.
(b) If the compensation of an officer or employee who is exempt from the state personnel system is not fixed by law, the officer's or employee's compensation shall be determined as follows:
(I) The governor shall determine the compensation for the head of each principal department, and the head of each principal department shall determine the compensation for officers and employees of the department.
(II) The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., shall determine the compensation for the head of the institution, and the head of each institution shall determine the compensation for officers and employees of the institution.
(c) Officers and employees in the state personnel system shall receive compensation pursuant to section 13 of article XII of the state constitution and the compensation system established by the state personnel director pursuant to article 50 of this title. Officers and employees in the state personnel system shall not receive compensation or fees from more than one department or institution of higher education except as permitted by rules adopted by the state personnel director in accordance with article 4 of this title that are consistent with the overtime provisions of section 24-50-104.5.
(d) Nothing in this subsection (1) shall prevent departments and institutions of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., from sharing personnel if the terms and conditions of the personnel sharing agreement are in writing and include a provision concerning the distribution of compensation.
(2) Upon declaration of a fiscal emergency made pursuant to section 24-50-109.5 (1) and the subsequent imposition of mandatory furloughs or other measures to reduce personnel expenditures, such measures shall apply not only to state personnel system employees but shall be likewise imposed upon all other officers and employees of the executive branch, if exempt from the state personnel system, except as otherwise provided by law or prohibited by contract.
Source: L. 41: p. 39, § 6. CSA: C. 3, § 7. CRS 53: § 3-1-6. L. 61: p. 128, § 1. C.R.S. 1963: § 3-1-5. L. 68: p. 138, § 172. L. 73: p. 166, § 1. L. 83: Entire section amended, p. 848, § 1, effective May 31. L. 2004: (1) R&RE, p. 1536, § 1, effective May 28. L. 2011: (1)(a) amended, (HB 11-1155), ch. 90, p. 265, § 2, effective April 6. L. 2012: (1)(b)(II) and (1)(d) amended, (HB 12-1081), ch. 210, p. 903, § 4, effective August 8.
24-2-104. Bonds. (Repealed)
Source: L. 41: p. 39, § 7. CSA: C. 3, § 8. CRS 53: § 3-1-7. C.R.S. 1963: § 3-1-6. L. 68: p. 138, § 173. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 462, § 2, effective August 8.
Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
24-2-105. Rules and regulations. The head of each principal department is empowered, subject to the written approval of the governor, to prescribe rules and regulations, not inconsistent with law, for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.
Source: L. 41: p. 39, § 8. CSA: C. 3, § 8. CRS 53: § 3-1-8. C.R.S. 1963: § 3-1-7. L. 68: p. 138, § 174.
Cross references: For rule-making procedures, see article 4 of this title.
24-2-106. Restriction of number of employees. It is the duty of the governor as the supreme executive power of the state to restrict the number of employees in the various offices, boards, divisions, and agencies of the executive department to the lowest number required for efficient operation thereof. In making any appointment or in approving any appointment made by any other official of the executive department, the governor shall certify in writing that he deems such appointment necessary and for the best interests of the public service. In the exercise of his responsibility, the governor may delegate in writing to some other official the power to approve or disapprove appointments made by other officials of the executive department, subject always to final review by the governor at his option.
Source: L. 41: p. 51, § 10. CSA: C. 3, § 10. CRS 53: § 3-2-2. L. 63: p. 121, § 2. C.R.S. 1963: § 3-2-2.
24-2-107. Transfer of employees. For the purpose of providing necessary flexibility to meet working conditions and seasonal demands, the governor has power, when he is of the opinion and so certifies in writing that it is necessary or desirable so to do, to transfer any employee of any office, board, division, or agency of the state government to any other office, board, division, or agency of the state government for such time as in the opinion of the governor is necessary.
Source: L. 41: p. 51, § 11. CSA: C. 3, § 11. CRS 53: § 3-2-3. L. 63: p. 121, § 3. C.R.S. 1963: § 3-2-3.
24-2-108. Departments to share information and mailings. For the convenience of the citizens of this state and to promote economy in state government, it is the intent of the general assembly that all principal departments, when feasible and not contrary to federal or state law, shall share as much information as possible and, when reasonably feasible to do so, shall coordinate forms, both federal and state, and shall eliminate multiple mailings to addressees.
Source: L. 77: Entire section added, p. 1133, § 1, effective May 24.
Cross references: For the Information Coordination Act, see § 24-1-136.
ARTICLE 3
Agencies as Parties in Actions
24-3-101. Agency defined. As used in this article, the term agency means every agency in the executive branch of the state government which is required by the constitution or statutes of the state to exercise discretion or to perform judicial or quasi-judicial functions. As so qualified, the term agency includes, but is not limited to, boards, commissions, departments, divisions, offices, and officers.
Source: L. 57: p. 118, § 1. CRS 53: § 3-2-4. C.R.S. 1963: § 3-2-4.
24-3-102. Party in original action. (1) Except as otherwise specifically provided and subject to applicable provisions of the constitution, statutes, and rules of civil procedure of the state of Colorado, every agency is authorized:
(a) To institute and appear as a party in original actions in the supreme court of the state of Colorado and the United States supreme court in all causes, matters, and proceedings involving the functions and duties of such agency where such courts have original jurisdiction;
(b) To prosecute appeals in all cases, causes, matters, and proceedings in which such agency is a party in the courts of this state and its subdivisions, federal courts, and courts in other jurisdictions.
Source: L. 57: p. 118, § 2. CRS 53: § 3-2-5. C.R.S. 1963: § 3-2-5.
24-3-103. Provisions procedural and remedial. The provisions of this article shall be construed as procedural and remedial and shall not be construed as extending, conferring, or granting such agencies any substantive powers, duties, or functions, nor shall this article be construed as granting permission to sue the sovereign state of Colorado or any agency thereof.
Source: L. 57: p. 119, § 4. CRS 53: § 3-2-7. C.R.S. 1963: § 3-2-7.
ARTICLE 3.5
Meetings of Boards and Commissions
24-3.5-101. Legislative declaration relating to meetings of state boards and commissions. The general assembly declares that public participation in government produces better government; therefore, to promote as much public participation in government as possible, every state board and commission established by law is encouraged to hold at least one-third of its regularly scheduled meetings outside the Denver metropolitan area each year, taking their budgetary constraints into account.
Source: L. 75: Entire article added, p. 791, § 1, effective June 20.
Cross references: For the open meetings law, see part 4 of article 6 of this title.
ARTICLE 3.7
Statutory Requirements for
Creation of Boards and Commissions
24-3.7-101. Statutory language required for creation of state boards and commissions. When the general assembly statutorily creates any board or commission in state government, such statutory provision shall specify a termination date for such board or commission, the appointing authority for each member, any requirement for senate confirmation of appointments, the number and type of members, any per diem or allowance for expenses, the state department in which the board or commission shall be located, any explicit powers possessed by such board or commission, including but not limited to advisory authority, rule-making authority, or authority regarding the control of revenues, and any staffing, funding, or reporting requirements.
Source: L. 91: Entire article added, p. 834, § 1, effective March 29.
24-3.7-102. Best practices for state boards and commissions. (1) Notwithstanding any law to the contrary, commencing January 1, 2019, each statutorily created board or commission in state government, not including a special purpose authority as defined in section 24-77-102 (15), shall implement written policies or bylaws and obtain annual training on:
(a) Understanding and operating within the limits of statutory directives, legislative intent, and any specific directions or laws related to the board or commission's establishment and its powers and duties;
(b) Defining the board or commission's mission or role in the oversight of projects or entities approved to receive public funding, if applicable;
(c) Understanding the goals of the programs the board or commission oversees, and aligning the board or commission's processes with those goals;
(d) Identifying and managing conflicts of interest;
(e) Understanding the requirements of the Colorado Open Records Act, part 2 of article 72 of this title 24, and the open meetings law, part 4 of article 6 of this title 24;
(f) Setting parameters regarding board or commission staff's duties relative to the board or commission's mission or role;
(g) Identifying and securing sufficient data in order for the board or commission to make informed decisions;
(h) Ensuring the appropriate involvement of members in the review of key communications and in any policy-making activities;
(i) Ensuring members act in accordance with their roles as public representatives;
(j) Coordinating with other boards or commissions, industry, educational institutions, and state agencies where responsibilities and interests overlap; and
(k) Annually reviewing management practices to ensure best practices are utilized.
(2) Each state agency responsible for a statutorily created board or commission shall ensure that the state board or commission obtains the annual training and implements the written policies specified in subsection (1) of this section.
Source: L. 2018: Entire section added, (HB 18-1198), ch. 145, p. 930, § 1, effective August 8.
ARTICLE 4
Rule-making and Licensing Procedures
by State Agencies
Cross references: For limitation on licensing and revocation of licenses, see Graeb v. State Board of Medical Examiners, 55 Colo. 523, 139 P. 1099; Chenowith v. State Board of Medical Examiners, 57 Colo. 74, 141 P. 132 (1914); Sapero v. State Board of Medical Examiners, 90 Colo. 568, 11 P.2d 555 (1932); Paine v. People, 106 Colo. 258, 103 P.2d 686 (1940); Prouty v. Heron, 127 Colo. 168, 255 P.2d 755 (1953); Colorado State Board of Nurse Examiners v. Hohu, 129 Colo. 195, 268 P.2d 401 (1954); In re Hearings Concerning Canon 35, 132 Colo. 591, 296 P.2d 465 (1956); and Geer v. Stathopulos, 135 Colo. 146, 309 P.2d 606 (1957). For the distinction between standards which must be enacted by the general assembly and rules and regulations which can be enacted by the department, see cases annotated under article III of the Colorado Constitution; Schechter Poultry Corp. v. U.S., 295 U.S. 495, 55 S. Ct. 837, 79 L. Ed. 1570 (1935); Prouty v. Heron, 127 Colo. 168, 255 P.2d 755 (1953); and Casey v. People, 139 Colo. 89, 336 P.2d 308 (1959); for article, Administrative Rule Review: Procedures and Oversight by the Colorado General Assembly, see 33 Colo. Law. 83 (June 2004).
Law reviews: For article, The Colorado Administrative Procedure Act: Exclusive Demanding Reform, see 44 Den. L.J. 42 (1967); for comment on the Colorado Administrative Procedure Act and its construction, see 51 Den. L.J. 275 (1974); for comment, Pre-Enforcement Judicial Review: CF&I Steel Corp. v. Colorado Air Pollution Control Commission, see 58 Den. L.J. 693 (1981); for article, Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 61 Den. L.J. 109 (1984); for article, Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 62 Den. U. L. Rev. 9 (1985); for Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 63 Den. U. L. Rev. 165 (1986); for article, A Practitioner's Guide to the Colorado Air Quality Control Commission, see 16 Colo. Law. 1405 (1987); for article, General Principles of the Colorado Administrative Procedure Act, see 16 Colo. Law. 1983 (1987); for article, Prosecuting an Appeal from a Decision of the Colorado Public Utilities Commission, see 16 Colo. Law. 2163 (1987); for article, Practicing Before the Colorado Civil Rights Commission, see 17 Colo. Law. 259 (1988); for article, Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 65 Den. U. L. Rev. 357 (1988); for a discussion of Tenth Circuit decisions dealing with questions of administrative law, see 66 Den. U. L. Rev. 667 (1989); for a discussion of Tenth Circuit decisions dealing with questions of administrative law, see 67 Den. U. L. Rev. 603 (1990); for article, Parallel Criminal and Administrative Licensure Proceedings, see 20 Colo. Law. 213 (1991); for article, Legislative Sunset of Administrative Rules, see 21 Colo. Law. 2191 (1992); for article, Representing a Professional Licensee in A Regulatory Board Investigation, see 21 Colo. Law. 1397 (1992).
PART 1
GENERAL
24-4-101. Short title. This article shall be known and may be cited as the State Administrative Procedure Act.
Source: L. 69: p. 91, § 8. C.R.S. 1963: § 3-16-7.
24-4-101.5. Legislative declaration. The general assembly finds that an agency should not regulate or restrict the freedom of any person to conduct his or her affairs, use his or her property, or deal with others on mutually agreeable terms unless it finds, after a full consideration of the effects of the agency action, that the action would benefit the public interest and encourage the benefits of a free enterprise system for the citizens of this state. The general assembly also finds that many government programs may be adopted without stating the direct and indirect costs to consumers and businesses and without consideration of such costs in relation to the benefits to be derived from the programs. The general assembly further recognizes that agency action taken without evaluation of its economic impact may have unintended effects, which may include barriers to competition, reduced economic efficiency, reduced consumer choice, increased producer and consumer costs, and restrictions on employment. The general assembly further finds that agency rules can negatively impact the state's business climate by impeding the ability of local businesses to compete with out-of-state businesses, by discouraging new or existing businesses from moving to this state, and by hindering economic competitiveness and job creation. Accordingly, it is the continuing responsibility of agencies to analyze the economic impact of agency actions and reevaluate the economic impact of continuing agency actions to determine whether the actions promote the public interest.
Source: L. 77: Entire section added, p. 1134, § 1, effective May 31. L. 2003: Entire section amended, p. 2369, § 1, effective August 6.
24-4-102. Definitions. As used in this article 4, unless the context otherwise requires:
(1) Action includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. Any agency rule, order, license, sanction, relief, or the equivalent or denial thereof which constitutes final agency action shall include a list of all parties to the agency proceeding and shall specify the date on which the action becomes effective.
(2) Adjudication means the procedure used by an agency for the formulation, amendment, or repeal of an order and includes licensing.
(3) Agency means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except:
(a) State educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23;
(b) Repealed.
(c) The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106, C.R.S.
(3.5) Aggrieved, for the purpose of judicial review of rule-making, means having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.
(4) Counsel means an attorney admitted to practice before the supreme court of this state.
(5) Decision means the determinative action in adjudication and includes order, opinion, sanction, and relief.
(5.5) Economic competitiveness means the ability of the state of Colorado to attract new business and the ability of the businesses currently operating in Colorado to create new jobs and raise productivity.
(6) Initial decision means a decision made by a hearing officer or administrative law judge which will become the action of the agency unless reviewed by the agency.
(6.2) Interested person includes any person who may be aggrieved by agency action.
(6.5) Legislative committees of reference means the committees established by the rules of the house of representatives and rules of the senate of the general assembly having jurisdiction over subject matter regulated by state agencies.
(7) License includes the whole or any part of any agency permit, certificate, registration, charter, membership, or statutory exemption.
(8) Licensing includes the procedure used by an agency respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license.
(9) Opinion means the statement of reasons, findings of fact, and conclusions of law in explanation or support of an order.
(10) Order means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) by any agency in any matter other than rule-making.
(11) Party includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding subject to the provisions of this article.
(12) Person includes an individual, limited liability company, partnership, corporation, association, county, and public or private organization of any character other than an agency.
(13) Proceeding means any agency process for any rule or rule-making, order or adjudication, or license or licensing.
(14) Relief includes the whole or any part of any agency grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; recognition of any claim, right, immunity, privilege, exemption, exception, or remedy; or any other action upon the application or petition of, and beneficial to, any person.
(14.5) Representative group means a diverse group convened by an agency prior to rule-making or invited to participate in the rule-making hearing to give input and to comment on the effect of the proposed rules. The group should represent different points of view and may include representatives of persons, businesses, advocacy groups, trade associations, labor organizations, environmental advocacy groups, consumer advocates, or the regulated industry or profession affected negatively or positively by proposed rules.
(15) Rule means the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice requirements of any agency. Rule includes regulation.
(16) Rule-making means agency process for the formulation, amendment, or repeal of a rule. Rule-making does not include a statutory citation correction authorized by section 24-4-103 (11)(l).
(17) Sanction includes the whole or any part of any agency prohibition, requirement, limitation, or other condition affecting the freedom of any person; withholding of relief; imposition of any form of penalty or fine; destruction, taking, seizure, barring access to, or withholding of property; assessment of damages; reimbursement; restitution; compensation; costs; charges or fees; requirement; revocation or suspension of a license or the prescription or requirement of terms, conditions, or standards of conduct thereunder; or other compulsory or restrictive action.
(18) Small business means a business with fewer than five hundred employees.
Source: L. 59: p. 158, § 1. CRS 53: § 3-16-1. C.R.S. 1963: §3-16-1. L. 67: p. 300, § 1. L. 69: p. 81, § 1. L. 76: (4) amended and (6.5) added, p. 582, § 14, effective May 24. L. 79: (3.5) added and (12) amended, pp. 842, 843, §§ 1, 1, effective May 26. L. 81: (1) amended, p. 1133, § 1, effective June 6. L. 83: (3) amended, p. 962, § 7, effective July 1, 1984. L. 87: (6) amended, p. 961, § 64, effective March 13. L. 90: (12) amended, p. 447, § 8, effective April 18. L. 93: (6.2) added, p. 1325, § 1, effective June 6. L. 2002: (3) amended, p. 586, § 6, effective May 24. L. 2003: (5.5) and (18) added, p. 2370, § 2, effective August 6. L. 2012: (14.5) added, (HB 12-1008), ch. 182, p. 691, § 1, effective May 17; (3)(b) repealed, (HB 12-1283), ch. 240, p. 1133, § 44, effective July 1. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 49, effective August 7. L. 2017: (16) amended, (HB 17-1006), ch. 31, p. 88, § 1, effective March 16. L. 2021: IP and (3)(a) amended, (HB 21-1264), ch. 308, p. 1876, § 16, effective June 23.
Cross references: (1) For the legislative declaration in the 2012 act repealing subsection (3)(b), see section 1 of chapter 240, Session Laws of Colorado 2012.
(2) For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.
24-4-103. Rule-making - procedure - definitions - statutory citation correction. (1) When any agency is required or permitted by law to make rules, in order to establish procedures and to accord interested persons an opportunity to participate therein, the provisions of this section shall be applicable. Except when notice or hearing is otherwise required by law, this section does not apply to interpretative rules or general statements of policy, which are not meant to be binding as rules, or rules of agency organization.
(1.5) If an agency reinterprets an existing rule in a manner that is substantially different than previous agency interpretations of the rule or if there has been a change in a statute that affects the interpretation or the legality of a rule, the office of legislative legal services shall review the rule in the same manner as rules that have been newly adopted or amended under paragraph (d) of subsection (8) of this section upon receiving a request for such a review of the rule by any member of the general assembly.
(2) When rule-making is contemplated, public announcement thereof may be made at such time and in such manner as the agency determines. The agency shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate informally in conferences on the proposals under consideration or to participate in the public rule-making proceedings on the proposed rules. In establishing the representative group, the agency shall make diligent attempts to solicit input from representatives of each of the various stakeholder interests that may be affected positively or negatively by the proposed rules. If the agency convenes a representative group prior to issuing a notice of proposed rule-making as provided in paragraph (a) of subsection (3) of this section, the agency shall add those persons who participated in the representative group to the list of persons who receive notification of proposed rule-making as provided in paragraph (b) of subsection (3) of this section.
(2.5) (a) At the time of filing a notice of proposed rule-making with the secretary of state as the secretary may require, an agency shall submit a draft of the proposed rule or the proposed amendment to an existing rule and a statement, in plain language, concerning the subject matter or purpose of the proposed rule or amendment to the office of the executive director in the department of regulatory agencies. The executive director, or his or her designee, shall distribute the proposed rule or amendment, the agency's statement concerning the subject matter or purpose of the proposed rule or amendment, and any cost-benefit analysis prepared pursuant to this section to all persons who have submitted a request to receive notices from the department of regulatory agencies about proposed rule-making. Any person may, within five days after publication of the notice of proposed rule-making in the Colorado register, request that the department of regulatory agencies require the agency submitting the proposed rule or amendment to prepare a cost-benefit analysis. The executive director, or his or her designee, shall determine, after consultation with the agency proposing the rule or amendment, whether to require the agency to prepare a cost-benefit analysis. If the executive director, or his or her designee, determines that a cost-benefit analysis is required, the agency shall complete a cost-benefit analysis at least ten days before the hearing on the rule or amendment, shall make the analysis available to the public by posting the analysis on the agency's official website, and shall submit a copy to the executive director or his or her designee. The executive director, or his or her designee, shall post the analysis on the department of regulatory agencies' official website. By filing an additional notice published in the Colorado register, the agency may postpone the hearing on the rule or amendment to comply with the requirement to complete the cost-benefit analysis at least ten days before the hearing. Failure to complete a requested cost-benefit analysis pursuant to this subsection (2.5) shall preclude the adoption of such rule or amendment. Such cost-benefit analysis shall include the following:
(I) The reason for the rule or amendment;
(II) The anticipated economic benefits of the rule or amendment, which shall include economic growth, the creation of new jobs, and increased economic competitiveness;
(III) The anticipated costs of the rule or amendment, which shall include the direct costs to the government to administer the rule or amendment and the direct and indirect costs to business and other entities required to comply with the rule or amendment;
(IV) Any adverse effects on the economy, consumers, private markets, small businesses, job creation, and economic competitiveness; and
(V) At least two alternatives to the proposed rule or amendment that can be identified by the submitting agency or a member of the public, including the costs and benefits of pursuing each of the alternatives identified.
(b) The executive director, or his or her designee, shall study the cost-benefit analysis and may urge the agency to revise the rule or amendment to eliminate or reduce the negative economic impact. The executive director, or his or her designee, may inform the public about the negative impact of the proposed rule or the proposed amendment to an existing rule.
(c) Any proprietary information provided to the department of revenue by a business or trade association for the purpose of preparing a cost-benefit analysis shall be confidential.
(d) If the agency has made a good faith effort to comply with the requirements of paragraph (a) of this subsection (2.5), the rule or amendment shall not be invalidated on the ground that the contents of the cost-benefit analysis are insufficient or inaccurate.
(e) This subsection (2.5) shall not apply to orders, licenses, permits, adjudication, or rules affecting the direct reimbursement of vendors or providers with state funds.
(f) Repealed.
(g) Each state rule-making agency with a website containing rule-making information shall include the following information on its website:
(I) Information about the cost-benefit analysis process set forth in this subsection (2.5); and
(II) A link to the online regulatory notice enrollment form created by the executive director of the department of regulatory agencies or the executive director's designee and listed on the department's website.
(2.7) (a) As used in this subsection (2.7):
(I) Director means the director of the office of state planning and budgeting.
(II) State mandate has the same meaning as set forth in section 29-1-304.5 (3)(d), C.R.S.
(b) No agency shall promulgate a rule creating a state mandate on a local government unless the agency complies with the requirements of section 29-1-304.5, C.R.S.
(c) (I) Except as provided in paragraph (g) of this subsection (2.7), beginning January 1, 2014, for each proposed rule that includes a state mandate, an agency shall provide to the director a description of:
(A) The proposed rule;
(B) The nature and extent of any consultations that the agency had with elected officials or other representatives of the local governments that would be affected by the proposed state mandate;
(C) The nature of any concerns of the elected officials or other representatives of the local governments;
(D) Any written communications or comments submitted to the agency by an elected official or other representative of a local government; and
(E) The agency's reasoning supporting the need to promulgate the rule containing the state mandate.
(II) The director shall review the information provided pursuant to subparagraph (I) of this paragraph (c) and, if it complies with the requirements of this paragraph (c), the director shall send a written notice of compliance to the agency. An agency shall not conduct a public rule-making proceeding unless the agency has received the written notice of compliance from the director.
(d) Each agency shall develop a process to actively solicit the meaningful and timely input of elected officials and other representatives of local governments into the development of proposed rules with state mandates affecting local governments. Each agency shall implement its process no later than January 1, 2014, and post the process on the agency's website.
(e) The executive director of each department shall be responsible for ensuring implementation of and compliance with this subsection (2.7).
(f) The general assembly shall appropriate any moneys necessary for the implementation of this subsection (2.7) to the office of state planning and budgeting in the annual general appropriation act for the fiscal year 2013-14.
(g) Beginning January 1, 2014, for each proposed rule of the state board of education that imposes a new state mandate or an increase in the level of service for an existing state mandate beyond that required by statute, the department of education shall comply with the provisions of paragraph (c) of this subsection (2.7).
(3) (a) Notice of proposed rule-making shall be published as provided in subsection (11) of this section and shall state the time, place, and nature of public rule-making proceedings that shall not be held less than twenty days after such publication, the authority under which the rule is proposed, and either the terms or the substance of the proposed rule or a description of the subjects and issues involved.
(a.5) If the agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making or within ten days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members of the general assembly of the proposed rule or the adoption of an emergency rule and specifying the amount of the increase in the fees or fines.
(b) Each rule-making agency shall maintain a list of all persons who request notification of proposed rule-making, including temporary or emergency rule-making. Any person on such list who requests a copy of the proposed rules shall submit to the agency a fee that shall be set by such agency based upon the agency's actual cost of copying and mailing the proposed rules to such person. All fees collected by the agency are hereby appropriated to the agency solely for the purpose of defraying such cost. On or before the date of the publication of notice of proposed rule-making in the Colorado register, the agency shall mail the notice of proposed rule-making to all persons on such list. If a person requests to be notified by electronic mail, notice is sufficient by such means if a copy of the proposed rules is attached or included in the electronic mail or if the electronic mail provides the location where the proposed rules may be viewed on the internet. No fees shall be charged for notification by electronic mail. A person may only request notification on his or her own behalf, and a request for notification by one person on behalf of another person need not be honored.
(4) (a) At the place and time stated in the notice, the agency shall hold a public hearing at which it shall afford interested persons an opportunity to submit written data, views, or arguments and to present the same orally unless the agency deems it unnecessary. The agency shall consider all such submissions. Any proposed rule or revised proposed rule by an agency which is to be considered at the public hearing, together with a proposed statement of basis, specific statutory authority, purpose, and the regulatory analysis required in subsection (4.5) of this section, shall be made available to any person at least five days prior to said hearing. The rules promulgated by the agency shall be based on the record, which shall consist of proposed rules, evidence, exhibits, and other matters presented or considered, matters officially noticed, rulings on exceptions, any findings of fact and conclusions of law proposed by any party, and any written comments or briefs filed.
(a.5) Subject to the provisions of section 24-72-204 (3)(a)(IV), any study or other documentation utilized by an agency as the basis of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection. Subject to the provisions of section 24-72-204 (3)(a)(IV), all information, including, but not limited to, the conclusions and underlying research data from any studies, reports, published papers, and documents, used by the agency in the development of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection.
(b) All proposed rules shall be reviewed by the agency. No rule shall be adopted unless:
(I) The record of the rule-making proceeding demonstrates the need for the regulation;
(II) The proper statutory authority exists for the regulation;
(III) To the extent practicable, the regulation is clearly and simply stated so that its meaning will be understood by any party required to comply with the regulation;
(IV) The regulation does not conflict with other provisions of law; and
(V) The duplication or overlapping of regulations is explained by the agency proposing the rule.
(c) Rules, as finally adopted, shall be consistent with the subject matter as set forth in the notice of proposed rule-making provided in subsection (11) of this section. After consideration of the relevant matter presented, the agency shall incorporate by reference on the rules adopted a written concise general statement of their basis, specific statutory authority, and purpose. The written statement of the basis, specific authority, regulatory analysis required by subsection (4.5) of this section, and purpose of a rule which involves scientific or technological issues shall include an evaluation of the scientific or technological rationale justifying the rule. Each agency shall maintain a copy of its currently effective rules and the current status of each published proposal for rules and minutes of all its action upon rules, as well as any attorney general's opinion rendered on any adopted or proposed rule. Such materials shall be available for inspection by any person during regular office hours.
(d) Within one hundred eighty days after the last public hearing on the proposed rule, the agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Colorado register.
(4.5) (a) Upon request of any person, at least fifteen days prior to the hearing, the agency shall issue a regulatory analysis of a proposed rule. The regulatory analysis shall contain:
(I) A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;
(II) To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons;
(III) The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;
(IV) A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction;
(V) A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule; and
(VI) A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule.
(b) Each regulatory analysis shall include quantification of the data to the extent practicable and shall take account of both short-term and long-term consequences.
(c) The regulatory analysis shall be available to the public at least five days prior to the rule-making hearing.
(d) If the agency has made a good faith effort to comply with the requirements of paragraphs (a) to (c) of this subsection (4.5), the rule shall not be invalidated on the ground that the contents of the regulatory analysis are insufficient or inaccurate.
(e) Nothing in paragraphs (a) to (c) of this subsection (4.5) shall limit an agency's discretionary authority to adopt or amend rules.
(f) The provisions of this subsection (4.5) shall not apply to rules and regulations promulgated by the department of revenue regarding the administration of any tax which is within the authority of said department.
(5) A rule shall become effective twenty days after publication of the rule as finally adopted, as provided in subsection (11) of this section, or on such later date as is stated in the rule. Once a rule becomes effective, the rule-making process shall be deemed to have become final agency action for judicial review purposes.
(6) (a) A temporary or emergency rule may be adopted without compliance with the procedures prescribed in subsection (4) of this section and with less than the twenty days' notice prescribed in subsection (3) of this section, or where circumstances imperatively require, without notice, only if the agency finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest and makes such a finding on the record. Such findings and a statement of the reasons for the action shall be published with the rule. A temporary or emergency rule may be adopted without compliance with subsections (2.5) and (2.7) of this section, but shall not become permanent without compliance with such subsections (2.5) and (2.7). A temporary or emergency rule shall become effective on adoption or on such later date as is stated in the rule, shall be published promptly, and shall have effect for not more than one hundred twenty days after its adoption or for such shorter period as may be specifically provided by the statute governing such agency, unless made permanent by compliance with subsections (3) and (4) of this section.
(b) The period of effectiveness provided by this subsection (6) does not apply to temporary or emergency rules adopted by the public utilities commission under section 40-2-108 (2), C.R.S.
(7) Any interested person shall have the right to petition for the issuance, amendment, or repeal of a rule. Such petition shall be open to public inspection. Action on such petition shall be within the discretion of the agency; but when an agency undertakes rule-making on any matter, all related petitions for the issuance, amendment, or repeal of rules on such matter shall be considered and acted upon in the same proceeding.
(8) (a) No rule shall be issued except within the power delegated to the agency and as authorized by law. A rule shall not be deemed to be within the statutory authority and jurisdiction of any agency merely because such rule is not contrary to the specific provisions of a statute. Any rule or amendment to an existing rule issued by any agency, including state institutions of higher education administered pursuant to title 23, C.R.S., which conflicts with a statute shall be void.
(b) An agency shall not issue a rule or amend an existing rule unless the issuing agency first submits the rule to the attorney general for the attorney general's opinion as to its constitutionality and legality. If an agency issues a rule or an amendment to an existing rule without first submitting the rule or amendment to the attorney general, the rule or amendment is void.
(c) (I) (A) Notwithstanding any other provision of law to the contrary, including section 24-4-107, and except as provided in subsection (8)(c)(I)(B) of this section, on and after November 1, 1993, all rules adopted or amended during any one-year period that begins each November 1 and continues through the following October 31 expire at 11:59 p.m. on the May 15 that follows such one-year period unless the general assembly by bill acts to postpone the expiration of a specific rule.
(B) A rule adopted pursuant to section 25.5-4-402.4 (6)(b)(III) expires at 11:59 p.m. on the May 15 following the adoption of the rule unless the general assembly acts by bill to postpone the expiration of a specific rule.
(C) Postponing the expiration of a rule does not constitute legislative approval of the rule and is not admissible in any court as evidence of legislative intent. Postponing the expiration date of a specific rule does not prohibit any action by the general assembly pursuant to subsection (8)(d) of this section with respect to the rule.
(II) It is the intent of the general assembly that, in the event of a conflict between this paragraph (c) and any other provision of law relating to suspension or extension of rules by joint resolution (whether said provision was adopted prior to or subsequent to this paragraph (c)), this paragraph (c) shall control, notwithstanding the rule of law that a specific provision of law controls over a general provision of law.
(d) (I) An agency that has adopted or amended a rule shall submit the adopted or amended rule, including a temporary or emergency rule, to the office of legislative legal services in the form and manner prescribed by the committee on legal services. The office of legislative legal services shall first review the rule or amendment to the existing rule to determine whether the rule or amendment is within the agency's rule-making authority and for later review by the committee on legal services for its opinion as to whether the rule conforms with subsection (8)(a) of this section.
(II) The committee on legal services shall direct the office of legislative legal services to review the rules submitted by adopting agencies using graduated levels of review based on criteria established by the committee. The criteria developed by the committee on legal services must provide that the office of legislative legal services review every rule as to form and compliance with filing procedures and that, upon request of any member of the committee or any other member of the general assembly, the office of legislative legal services provide full legal review of any rule during the time period that the rule is subject to review by the committee.
(III) The official certificate of the director of the office of legislative legal services, or the director's designee, as to the fact that an agency submitted a rule to the office of legislative legal services or as to the date an agency submitted a rule, as shown by the records of the director's office, as well as to the fact that an agency failed to submit a rule to the office of legislative legal services, as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained in the official certificate. The office of legislative legal services shall retain records regarding the review of rules pursuant to this section in accordance with policies established pursuant to section 2-3-303 (2). If an agency issues a rule or an amendment to an existing rule for review by the committee on legal services pursuant to this subsection (8) without submitting the rule or amendment to the office of legislative legal services within twenty days after the date of the attorney general's opinion on the rule or amendment pursuant to subsection (8)(b) of this section, the rule or amendment is void.
(IV) The office of legislative legal services shall present its findings to the committee on legal services at a public meeting held after timely notice to the public and affected agencies. The committee on legal services shall, on affirmative vote, submit such rules, comments, and proposed legislation at the next regular session of the general assembly. The committee on legal services is the committee of reference for any bill introduced pursuant to this subsection (8)(d)(IV). Any member of the general assembly may introduce a bill that rescinds or deletes portions of the rule. Rejection of such a bill does not constitute legislative approval of the rule. Only that portion of any rule specifically disapproved by bill is no longer effective, and that portion of the rule that remains after deletion of a portion of the rule retains its character as an administrative rule.
(V) Each agency shall revise its rules to conform with the action taken by the general assembly. An agency shall not repromulgate a rule that has been allowed to expire by action of the general assembly pursuant to subsection (8)(c) of this section because the rule, in the opinion of the general assembly, is not authorized by the state constitution or statute, unless the authority to promulgate the rule has been granted to the agency by a statutory amendment, by the state constitution, or by a judicial determination that statutory or constitutional authority exists. Any rule so repromulgated is void. Any rule that an agency revises pursuant to this subsection (8)(d)(V) shall be transmitted to the secretary of state for publication pursuant to subsection (11) of this section. Passage of a bill repealing a rule does not result in revival of a predecessor rule.
(VI) This subsection (8)(d) and subsection (4.5) of this section do not apply to rules of agency organization or general statements of policy that are not meant to be binding as rules.
(VII) For the purpose of performing the functions assigned it by this subsection (8)(d), the committee on legal services, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly.
(e) The office of legislative legal services shall identify rules that were adopted during each applicable one-year period as a result of legislation enacted during any legislative session, regular or special, commencing on or after the previous eight calendar years. After the rules have been identified, the office of legislative legal services shall notify in writing any prime sponsors of the enacted legislation who are still serving in the general assembly and the current members of the applicable committees of reference in the senate and house of representatives for that enacted legislation that a rule has been adopted as a result of the legislation; except that the office of legislative legal services need not provide the notice regarding an adopted rule if the rule resulted from legislation that was enacted more than eight calendar years prior to the rule's adoption.
(8.1) (a) An agency shall maintain an official rule-making record for each proposed rule for which a notice of proposed rule-making has been published in the Colorado register. Such rule-making record shall be maintained by the agency until all administrative and judicial review procedures have been completed pursuant to the provisions of this article. The rule-making record shall be available for public inspection.
(b) The agency rule-making record must contain:
(I) Copies of all publications in the Colorado register with respect to the rule or the proceeding upon which the rule is based;
(II) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;
(III) All written petitions, requests, submissions, and comments received by the agency as of the date of the hearing on the rule and all other written materials, or a listing of such materials, considered by the agency in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, which materials shall be available for public inspection during working hours;
(IV) Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(V) A copy of any regulatory analysis or cost-benefit analysis prepared for the proceeding upon which the rule was based, if applicable, and any formal statement made to the agency promulgating the rule by the executive director of the department of regulatory agencies regarding such cost-benefit analysis;
(VI) A copy of the rule and explanatory statement filed in the office of the secretary of state;
(VII) All petitions for exceptions to, amendments of, or repeal or suspension of the rule;
(VIII) A copy of any objection to the rule presented to the committee on legal services by the office of legislative legal services pursuant to subsection (8)(d) of this section and the agency's response;
(IX) A copy of any filed executive order with respect to the rule; and
(X) A copy of any information provided to the director pursuant to paragraph (c) of subsection (2.7) of this section and the written notice of compliance from the director.
(c) Upon judicial review, the record required by this section constitutes the official rule-making record with respect to a rule. The agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof; except that, this paragraph (c) shall not be interpreted to allow the introduction of evidence or information into such rule-making record from outside of the public rule-making hearing, or to allow such introduction of evidence or information without notice to all parties to such hearing and opportunity to respond.
(d) If an agency includes information required by subparagraph (X) of paragraph (b) of this subsection (8.1) in the rule-making record, the agency shall provide a copy of the portion of the record that includes such information with the executive committee of the legislative council in accordance with the provisions of section 24-1-136 (9).
(8.2) (a) A rule adopted on or after September 1, 1988, shall be invalid unless adopted in substantial compliance with the provisions of this section. However, inadvertent failure to mail a notice of proposed rule-making to any person as required by subsection (3) of this section shall not invalidate a rule.
(b) An action to contest the validity of a rule on the grounds of its noncompliance with any provision of this section shall be commenced within thirty days after the effective date of the rule.
(8.3) (a) On or after August 11, 2010, all new or amended rules or regulations promulgated pursuant to this section that refer to persons with disabilities shall comply with the provisions of section 2-2-802, C.R.S., as applicable to the new or amended rule.
(b) Violation of this subsection (8.3) shall not be grounds to invalidate any new or amended rule; however, such rules shall be amended to reflect the provisions of section 2-2-802, C.R.S., in any subsequent revision.
(c) Nothing in this subsection (8.3) shall constitute a requirement to change the name of any department, agency, or program of the state.
(9) Each agency shall make available to the public and shall deliver to anyone requesting it a copy of any notice of proposed rule-making proceeding in which action has not been completed. Upon request, such copy shall be certified. The agency may make a reasonable charge for supplying any such copy.
(10) No rule shall be relied upon or cited against any person unless, if adopted after May 1, 1959, it has been published and, whether adopted before or after said date, it has been made available to the public in accordance with this section.
(11) (a) There is hereby established the code of Colorado regulations for the publication of rules of agencies of the executive branch and the Colorado register for the publication of notices of rule-making, proposed rules, attorney general's opinions relating to such rules, and adopted rules. The code and the register shall be the sole official publications for such rules, notices of rule-making, proposed rules, and attorney general's opinions. The code and the register shall contain, where applicable, references to court opinions and recommendations of the legal services committee of the general assembly that relate to or affect such rules and references to any action of the general assembly relating to the extension, expiration, deletion, or rescission of such rules and may contain other items that, in the opinion of the editor, are relevant to such rules. The register may also include other public notices, including annual departmental regulatory agendas submitted by principal departments to the secretary of state pursuant to section 2-7-203, C.R.S.; however, except as specifically permitted by law, the inclusion of such notices in the register shall be in addition to and not in substitution for existing public notice requirements.
(b) The secretary of state shall cause to be published in electronic form, and may cause to be published in printed form, at the least cost possible to the state, the code of Colorado regulations and the Colorado register no less often than once each calendar month. In the event of any discrepancy between the electronic and printed form of the code or the register, the electronic form shall prevail unless it is conclusively shown, by reference to the rule-making filings made with the secretary of state pursuant to this section, that the electronic form contains an error in publication.
(c) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
(d) The agency adopting a rule shall file the adopted rule, together with the attorney general's opinion rendered in connection with the rule, with the secretary of state for publication in the Colorado register pursuant to subsection (12) of this section within twenty days after adoption of the rule. Upon written request of an agency, the secretary of state shall correct typographical and other nonsubstantive errors appearing in the rules as filed by the agency that occur after final adoption of the rules by the agency during the preparation of the rules for publication in order to conform the published rules with the adopted rules. The agency shall also file notices of rule-making proceedings pursuant to subsection (3) of this section with the secretary of state in sufficient time for publication in the register pursuant to subsection (5) of this section. An agency shall file rules revised to conform with action taken by the general assembly with the secretary of state for publication in the register and in the code of Colorado regulations. The office of legislative legal services shall notify the secretary of state whenever a rule published in the code is rescinded or a portion of the rule is deleted by the general assembly and whenever a rule or a portion of a rule is allowed to expire in accordance with subsection (8)(c)(I) of this section. The secretary of state shall direct the removal from the code of material that was deleted, rescinded, or allowed to expire.
(e) The secretary of state shall establish and maintain an accurate docket system for recording the time and date of the filing of each document, the agency filing the same, and the title or description of such document required to be filed for publication under the provisions of this section, which docket system shall be cross-indexed as to such time, date, agency, and title or description.
(f) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
(g) Publication of notices and other required information related to proposed and adopted rules shall be by electronic publication.
(h) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
(i) (I) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
(II) The Colorado register shall contain only such notices, proposed rules, adopted rules, opinions, and other relevant information and materials as are filed pursuant to law with the secretary of state.
(III) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
(j) Repealed.
(k) (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
(l) (I) An agency may request the secretary of state to correct a statutory citation contained in a rule, including a form incorporated into a rule, as published in the code of Colorado regulations if:
(A) The general assembly has relocated the statute in a manner that renders the rule's citation to the statute inaccurate; and
(B) The agency submits to the secretary a written determination by the attorney general that finds that the condition specified in subsection (11)(l)(I)(A) of this section applies, specifies what the correct citation is, and identifies each citation that should be corrected.
(II) Upon receipt of a request that complies with subsection (11)(l)(I) of this section, the secretary of state shall correct in the code of Colorado regulations each statutory citation listed in the determination specified in subsection (11)(l)(I)(B) of this section.
(III) A statutory citation correction authorized by this subsection (11)(l) is not rule-making and need not comply with any requirements of this section other than those specified in this subsection (11)(l).
(m) Repealed.
(12) All rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, shall be filed in the office of the secretary of state. The secretary of state shall require that all rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, be filed in an electronic format that complies with any requirements established pursuant to sections 24-37.5-106 and 24-71.3-118.
(12.5) (a) A rule may incorporate by reference all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the United States, this state, or another state, or adopted or published by a nationally recognized organization or association, if:
(I) Repeating verbatim the text of the code, standard, guideline, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient;
(II) The reference fully identifies the incorporated code, standard, guideline, or rule by citation and date, identifies the address of the agency where the code, standard, guideline, or rule is available for public inspection, and states that the rule does not include any later amendments or editions of the code, standard, guideline, or rule;
(III) The code, standard, guideline, or rule is readily available to the public in written or electronic form;
(IV) The rule states where copies of the code, standard, guideline, or rule are available for a reasonable charge from the agency adopting the rule and where copies are available from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule; and
(V) The agency maintains a copy of the code, standard, guideline, or rule readily available for public inspection at the agency office during regular business hours.
(b) The agency shall provide certified copies of the material incorporated at cost upon request or shall provide the requester with information on how to obtain a certified copy of the material incorporated by reference from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule.
(c) If any agency incorporates or proposes to incorporate any material by reference in a rule and the version or edition of the material to be incorporated has not previously been provided to the state publications depository and distribution center, and if the rule or proposed rule does not identify where the incorporated material is available to the public on the internet at no cost, then the agency shall provide one copy of the material in either paper or electronic format to the state publications depository and distribution center. The state librarian shall retain the copy of the material and shall make the copy available to the public.
(13) Any agency conducting a hearing shall have authority on its own motion or upon the motion of any interested person for good cause shown to: Administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of appropriate documents; take depositions or have depositions taken; issue appropriate orders which shall control the subsequent course of the proceedings; and take any other action authorized by agency rule consistent with this article. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform the functions of this subsection (13) and subsection (14) of this section as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him by the several persons conducting such hearing.
(14) Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary or chief administrative officer thereof, or, with respect to any hearing for which a hearing officer or an administrative law judge has been appointed, the hearing officer or administrative law judge. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court. A witness shall be entitled to the fees and mileage provided for a witness in sections 13-33-102 and 13-33-103, C.R.S.
Source: L. 59: p. 159, § 2. CRS 53: § 3-16-2. C.R.S. 1963: §3-16-2. L. 67: p. 300, § 2. L. 69: p. 82, §§ 2, 3. L. 76: (1) and (8)(a) amended and (8)(d) added, p. 582, § 15, effective May 24. L. 77: (8)(d) amended, p. 1134, § 2, effective May 31; (13) and (14) added, p. 1144, § 1, effective June 3; (4) amended, p. 1136, § 1, effective June 19; (4) amended and (11) R&RE, p. 1138, §§ 1, 2, effective June 19; (8)(d) amended, p. 1141, § 1, effective (see editor's note). L. 78: (12) amended, p. 390, § 1, March 30. L. 79: (5) amended, p. 842, § 2, effective May 22; (8)(d) and (11)(d) amended, p. 849, § 1, effective May 25; (8)(c) R&RE and (8)(d) amended, p. 845, §§ 1, 2, effective June 29. L. 81: (9) and (11) amended, (11)(k) added, and (11)(j) repealed, pp. 1129, 1130, §§ 1, 2; (12.5) added, p. 1131, § 1, effective July 1; (12) and (13) amended, p. 1133, § 2, effective July 1. L. 82: (11)(a) and (11)(d) amended, p. 360, § 1, effective March 11. L. 84: (4) amended, p. 649, § 1, effective July 1. L. 87: (11)(k) amended, p. 915, § 1, effective July 1; (8)(c)(I) and (8)(d) amended, p. 919, § 2, effective July 3; (14) amended, p. 961, § 65, effective March 13. L. 88: (8)(d) amended, p. 311, § 19, effective May 23; (3), (6), and (8)(d) amended, (4) R&RE, and (4.5), (8.1), and (8.2) added, pp. 884, 886, 887, §§ 1, 2, 3, effective May 17. L. 89: (4.5)(f) added and (8.1)(b)(V) amended, pp. 1502, 1503, §§ 10, 11, effective July 1, 1990. L. 91: (1) amended, p. 807, § 3, effective June 5. L. 93: (3)(b), (6), (8.1)(c), (8.2)(b), and (11)(d) amended, p. 1325, § 2, effective June 6; (8)(d) amended, p. 2109, § 12, effective June 9; (8)(c)(I) amended, p. 496, § 1, effective July 1. L. 94: (1.5) added and (3)(a) and (12.5) amended, p. 2587, § 1, effective July 1. L. 95: (6) amended, p. 232, § 2, effective April 17. L. 98: (4)(a.5) added, p. 721, § 1, effective May 18. L. 2000: (1) amended, p. 1861, § 73, effective August 2. L. 2001: (8)(d) amended, p. 318, § 2, effective April 12; (4)(a.5) amended, p. 1076, § 5, effective August 8; (12) amended, p. 38, § 2, effective August 8. L. 2002: (3)(b), (9), (11)(b), (11)(d), (11)(f), (11)(g), (11)(h), (11)(i), (11)(k), and (12) amended, p. 436, § 2, effective May 14. L. 2003: (11)(b) and (11)(d)(I) amended, p. 2048, § 1, effective May 22; (2.5) added and (6), (8.1)(b)(V), and (11)(b) amended, p. 2370, § 3, effective August 6. L. 2005: (12) amended, p. 768, § 36, effective June 1. L. 2006: IP(2.5)(a) and (2.5)(f)(I) amended, p. 202, § 1, effective March 31; (12) amended, p. 1735, § 20, effective June 6. L. 2007: (12) amended, p. 910, § 2, effective May 17. L. 2009: (8)(c)(I) amended, (HB 09-1293), ch. 152, p. 651, § 9, effective July 1. L. 2010: (3)(a), (8.1)(a), and (12.5) amended, (HB 10-1235), ch. 76, p. 258, § 1, effective April 5; (6) amended, (HB 10-1346), ch. 137, p. 460, § 1, effective April 15; (11) and (12) amended, (SB 10-123), ch. 104, p. 350, § 1, effective April 15; (8.3) added, (HB 10-1137), ch. 93, p. 320, § 2, effective August 11. L. 2012: (2), (3), and (11)(a) amended, (HB 12-1008), ch. 182, pp. 691, 694, §§ 2, 5, effective May 17; (2.7), (8.1)(b)(X), and (8.1)(d) added and (6)(a), (8.1)(b)(VIII), and (8.1)(b)(IX) amended, ch. 199, p. 797, § 1, effective August 8. L. 2013: IP(2.5)(a) amended and (8)(e) added, (SB 13-030), ch. 110, p. 379, § 1, effective April 8; IP(2.5)(a) and (2.5)(f) amended, (SB 13-158), ch. 283, p. 1490, § 1, effective July 1; IP(2.7)(c)(I) amended and (2.7)(g) added, (HB 13-1219), ch. 104, p. 366, § 20, effective August 7. L. 2015: (8)(e) amended, (SB 15-047), ch. 71, p. 190, § 1, effective August 5. L. 2016: (8)(b) amended, (HB 16-1094), ch. 94, p. 267, § 12, effective August 10. L. 2017: (11)(l) added, (HB 17-1006), ch. 31, p. 88, § 2, effective March 16; (11)(m) added, (SB 17-242), ch. 263, p. 1321, § 177, effective May 25; (8)(c)(I) amended, (SB 17-267), ch. 267, p. 1440, § 7, effective July 1. L. 2018: (2.5)(f) repealed and (2.5)(g) added, (HB 18-1237), ch. 165, p. 1137, § 2, effective August 8. L. 2021: (8)(e) amended, (HB 21-1137), ch. 37, p. 142, § 1, effective September 7. L. 2022: (8)(b), (8)(c)(I), (8)(d), IP(8.1)(b), (8.1)(b)(VIII), and (11)(d) amended, (SB 22-091), ch. 28, p. 165, § 1, effective August 10.
Editor's note: (1) House Bill 77-1646, which amended subsection (8)(d), was delivered to the governor on June 20, 1977. The general assembly adjourned sine die on June 22, 1977. The governor disapproved House Bill 77-1646 on July 15, 1977, but the bill was not filed with the secretary of state until July 27, 1977, and the governor's letter stating objections to the bill was not filed with the secretary of state until August 2, 1977. Because House Bill 77-1646 and the governor's objections to it were not filed with the secretary of state within thirty days after adjournment of the general assembly, House Bill 77-1646 became a law pursuant to the provisions of § 11 of article IV of the Colorado Constitution.
(2) Amendments to subsection (4) by House Bill 77-1419 and House Bill 77-1623 were harmonized.
(3) Amendments to subsection (8)(d) by House Bill 79-1393 and House Bill 79-1063 were harmonized.
(4) Amendments to subsection (11)(b) by Senate Bill 03-121 and House Bill 03-1350 were harmonized.
(5) Amendments to the introductory portion to subsection (2.5)(a) by Senate Bill 13-030 and Senate Bill 13-158 were harmonized.
(6) Section 34 of chapter 267 (SB 17-267), Session Laws of Colorado 2017, provides that the section of the act amending this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. For more information, see SB 17-267. (L. 2017, p. 1447.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, amendments to this section took effect July 1, 2017.
(7) Subsection (11)(m)(II) provided for the repeal of subsection (11)(m), effective July 1, 2018. (See L. 2017, p. 1321.)
Cross references: (1) For the general authority of department heads to adopt rules and regulations, see § 24-2-105.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.
24-4-103.3. Mandatory review of rules by agencies - report on results of review in departmental regulatory agendas. (1) The department of regulatory agencies shall establish a schedule, in consultation with each principal department, for the review of all of the rules for each principal department. Each principal department shall conduct a review of all of its rules to assess the continuing need for and the appropriateness and cost-effectiveness of its rules to determine if they should be continued in their current form, modified, or repealed. The applicable rule-making agency or official in the principal department shall consider the following:
(a) Whether the rule is necessary;
(b) Whether the rule overlaps or duplicates other rules of the agency or with other federal, state, or local government rules;
(c) Whether the rule is written in plain language and is easy to understand;
(d) Whether the rule has achieved the desired intent and whether more or less regulation is necessary;
(e) Whether the rule can be amended to give more flexibility, reduce regulatory burdens, or reduce unnecessary paperwork or steps while maintaining its benefits;
(f) Whether the rule is implemented in an efficient and effective manner, including the requirements for the issuance of permits and licenses;
(g) Whether a cost-benefit analysis was performed by the applicable rule-making agency or official in the principal department pursuant to section 24-4-103 (2.5); and
(h) Whether the rule is adequate for the protection of the safety, health, and welfare of the state or its residents.
(2) Each rule-making agency or official shall provide public notice on the agency's official website of its review of the rules, give the public an appropriate opportunity to provide input, and notify other state agencies that may have jurisdiction over the subject matter of the rules to allow for collaboration and input. Based on this review, the rule-making agency or official shall determine whether the existing rules should be continued in their current form, amended, or repealed. If the rule-making agency or official decides that a rule should be amended or repealed, the rule-making agency or official shall comply with the notice and hearing requirements of section 24-4-103.
(3) The department of regulatory agencies shall not schedule mandatory review under this section during the year of and during the year following any scheduled sunset review conducted by the department of regulatory agencies pursuant to section 24-34-104.
(4) Each principal department shall include a report on the results of its mandatory review of rules as part of its departmental regulatory agenda that it submits to the staff of the legislative council for distribution to the applicable committee of reference of the general assembly as outlined in section 2-7-203, C.R.S.
Source: L. 2014: Entire section added, (SB 14-063), ch. 69, p. 296, § 1, effective March 27.
24-4-103.5. Rule-making affecting small business - procedure. (Repealed)
Source: L. 82: p. 362, § 1. L. 87: (1) amended, p. 1010, § 1, effective April 16. L. 97: Entire section repealed, p. 525, § 6, effective July 1.
24-4-104. Licenses - issuance, suspension or revocation, renewal. (1) In any case in which application is made for a license required by law, the agency, with due regard for the rights and privileges of all interested persons, shall set and conduct the proceedings in accordance with this article unless otherwise required by law.
(2) Every agency decision respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license shall be based solely upon the stated criteria, terms, and purposes of the statute, or regulations promulgated thereunder, and case law interpreting such statutes and regulations pursuant to which the license is issued or required. Terms, conditions, or requirements limiting any license shall be valid only if reasonably necessary to effectuate the purposes, scope, or stated terms of the statute pursuant to which the license is issued or required.
(3) (a) No revocation, suspension, annulment, limitation, or modification of a license by any agency shall be lawful unless, before institution of agency proceedings therefor, the agency has given the licensee notice in writing of objective facts or conduct established upon a full investigation that may warrant such action and afforded the licensee opportunity to submit written data, views, and arguments with respect to the facts or conduct and, except in cases of deliberate and willful violation or of substantial danger to public health and safety, given the licensee a reasonable opportunity to comply with all lawful requirements. For purposes of this subsection (3), full investigation means a reasonable ascertainment of the underlying facts on which the agency action is based.
(b) The full investigation requirement specified in subsection (3)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42.
(4) (a) Where the agency has objective and reasonable grounds to believe and finds, upon a full investigation, that the licensee has been guilty of deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in its order, it may summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined. For purposes of this subsection (4), full investigation means a reasonable ascertainment of the underlying facts on which the agency action is based.
(b) The full investigation requirement specified in subsection (4)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42.
(5) A proceeding for the revocation, suspension, annulment, limitation, or modification of a previously issued license shall be commenced by the agency upon its own motion or by the filing with the agency of a written complaint, signed and sworn to by the complainant, stating the name of the licensee complained against and the grounds for the requested action.
(6) Except as provided in subsection (4) of this section, an agency shall not revoke, suspend, annul, limit, or modify a previously issued license until after holding a hearing as provided in section 24-4-105.
(7) In any case in which the licensee has made timely and sufficient application for the renewal of a license or for a new license for the conduct of a previously licensed activity of a continuing nature, the existing license shall not expire until such application has been finally acted upon by the agency, and, if the application is denied, it shall be treated in all respects as a denial. The licensee, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106.
(8) An application for a license shall be acted upon promptly, and, immediately after the taking of action on such application by an agency, a written notice of the action taken by the agency and, if the application is denied, the grounds therefor shall be given to the applicant. The giving of such notice shall be by personal service upon the applicant or by mailing the same to the address of the applicant as shown on the application or as subsequently furnished in writing by the applicant to the agency.
(9) If an application for a new license is denied without a hearing, the applicant, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106.
(10) Written notice of the revocation, suspension, annulment, limitation, or modification of a license and the grounds therefor shall be served forthwith on the licensee personally or by mailing by first-class mail to the last address furnished the agency by the licensee.
(11) A limitation, unless consented to by the applicant, on a license applied for shall be treated as a denial. A modification, unless consented to by the licensee, of a license already issued shall be treated as a revocation.
(12) In an appropriate case a revoked or suspended license may be reissued.
(13) (a) Any applicant who, under oath, supplies false information to an agency in an application for a license commits perjury in the second degree, as defined in section 18-8-503, C.R.S. Any such application shall bear notice, in accordance with section 18-8-501 (2)(a)(I), C.R.S., that false statements made therein are punishable.
(b) On and after January 1, 1985, an agency shall not require that information contained in an application for a license be affirmed to before a notary.
Source: L. 59: p. 161, § 3. CRS 53: § 3-16-3. C.R.S. 1963: § 3-16-3. L. 69: p. 84, § 4. L. 81: (2) amended, p. 1141, §1, effective April 16. L. 83: (13) added, p. 521, § 4, effective March 15. L. 93: (3) and (7) amended, p. 1327, § 3, effective June 6. L. 2006: (3) and (4) amended, p. 838, § 1, effective August 7. L. 2007: (3)(b) and (4)(b) amended, p. 2033, § 48, effective June 1. L. 2018: (3)(b) and (4)(b) amended, (HB 18-1375), ch. 274, p. 1705, § 34, effective May 29; (6) amended, (HB 18-1224), ch. 288, p. 1780, § 1, effective May 29.
24-4-104.5. Permits - rules in effect at time of submission of application for a permit control. (1) For purposes of this section, unless the context otherwise requires, permit means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. Permit does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. Permit does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. Permit does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S.
(2) (a) The rules and any written statements of agency interpretation of the statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that:
(I) (A) The new rules materially affect the health and safety of the public; and
(B) Use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with the new rules; or
(II) New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or
(III) New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or
(IV) New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order.
(b) If the agency determines that one of the exceptions to the requirements of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall:
(I) Treat the application as pending;
(II) Provide a written notice to the applicant stating the reasons the application is incomplete; and
(III) Give the applicant a reasonable opportunity to comply with the new rules or new requirements.
(3) If an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules.
Source: L. 2012: Entire section added, (HB 12-1002), ch. 249, p. 1241, § 2, effective August 8.
Cross references: In 2012, this section was added by the Creating Level Expectations for Application Review Act or the CLEAR Act. For the short title, see section 1 of chapter 249, Session Laws of Colorado 2012.
24-4-104.6. Analysis of noncompliance with department rules - definition - legislative declaration. (1) (a) The general assembly hereby finds and declares that this section codifies existing practice, that each agency already knows about and tracks the rule issues described in subsection (2)(a) of this section, and that much of this work is currently completed in the normal course of an agency's business.
(b) The general assembly further finds and declares that it is not the general assembly's intent for an agency to increase its existing rule compliance monitoring.
(2) (a) Each agency shall conduct, within existing resources, an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and those factors that contribute to noncompliance with rules by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department's rules. The agency shall consider and review:
(I) Whether the rule is unclear and should be rewritten;
(II) Whether more education or training of the regulated businesses would be likely to achieve better compliance with the rule; and
(III) The enforcement level and any appropriate fines for noncompliance with the department's rules.
(b) Any principal department that conducts an analysis of noncompliance with rules adopted by agencies within its department pursuant to subsection (2)(a) of this section shall forward that analysis to the department of regulatory agencies, which shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include the compiled analysis in its departmental presentation to its oversight legislative committee of reference made pursuant to section 2-7-203 of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act.
Source: L. 2018: Entire section added, (HB 18-1250), ch. 195, p. 1286, § 1, effective August 8.
24-4-105. Hearings and determinations. (1) In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provisions of this section shall be applicable.
(2) (a) In any such proceeding in which an opportunity for agency adjudicatory hearing is required under the state constitution or by this or any other statute, the parties are entitled to a hearing and decision in conformity with this section. Any person entitled to notice of a hearing shall be given timely notice of the time, place, and nature thereof, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted. Unless otherwise provided by law, such notice shall be served personally or by mailing by first-class mail to the last address furnished the agency by the person to be notified at least thirty days prior to the hearing. In fixing the time and place for a hearing, due regard shall be had for the convenience and necessity of the parties and their representatives.
(b) Any person given such notice shall file a written answer thirty days after the service or mailing of such notice. If such person fails to answer, any agency, administrative law judge, or hearing officer, upon motion, may enter a default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry.
(c) A person who may be affected or aggrieved by agency action shall be admitted as a party to the proceeding upon his filing with the agency a written request therefor, setting forth a brief and plain statement of the facts which entitle him to be admitted and the matters which he claims should be decided. Nothing in this subsection (2) shall prevent an agency from admitting any person or agency as a party to any agency proceeding for limited purposes.
(3) At a hearing only one of the following may preside: The agency, an administrative law judge from the office of administrative courts, or, if otherwise authorized by law, a hearing officer who if authorized by law may be a member of the body which comprises the agency. Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias of an administrative law judge or a hearing officer or a member of the agency or the agency, the administrative law judge, hearing officer, or agency shall forthwith rule upon the allegations in such affidavit as part of the record in the case. An administrative law judge or a hearing officer may at any time withdraw if he or she deems himself or herself disqualified or for any other good reason in which case another administrative law judge or hearing officer may be assigned to continue the case, and he or she shall do so in such manner that no substantial prejudice to any party results therefrom. An agency or a member of an agency may withdraw for any like reason and in like manner, unless his or her withdrawal makes it impossible for the agency to render a decision.
(4) (a) Any agency conducting a hearing, any administrative law judge, and any hearing officer shall have authority to: Administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the simplification of the issues, admissions of fact or of documents to avoid unnecessary proof, and limitation of the number of expert witnesses; issue appropriate orders that shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to dismiss without prejudice applications and other pleadings; dispose of motions to intervene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his or her presence; award attorney fees for abuses of discovery procedures or as otherwise provided under the Colorado rules of civil procedure; and take any other action authorized by agency rule consistent with this article 4 or in accordance, to the extent practicable, with the procedure in the district courts. All parties to the proceeding shall also have the right to cross-examine witnesses who testify at the proceeding. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions that are assigned to him or her by the several persons conducting such hearing.
(b) (I) (A) The general assembly hereby finds that the mediation process generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance.
(B) The general assembly hereby declares that, in order to save time and money, the policy of Colorado is to use mediation whenever appropriate to settle disputes between agencies and licensees.
(II) Upon petition of the agency or licensee after the licensee has received the notice of hearing under subsection (2)(a) of this section, the hearing officer or administrative law judge shall order mediation between the agency and the licensee unless the license was summarily suspended in accordance with section 24-4-104 (4). When mediation is ordered, the agency shall:
(A) Assign a person with authority to make prehearing decisions concerning disposition of the matter to be present during meetings related to settlement communications or mediation communications and to be included in any material settlement communications with the licensee or the licensee's representative over the matter; and
(B) Upon the licensee's request, allow a private or public mediator chosen by the licensee to be present during meetings related to mediation and to be included in any material settlement communications with the licensee or the licensee's representative over the matter. If the mediator is privately retained, the licensee must pay the mediator's reasonable fees, and the agency need not pay the privately retained mediator's fees.
(III) To the extent feasible, for the purpose of carrying out this subsection (4):
(A) Administrative law judges shall make themselves available as public mediators without cost to the licensee;
(B) The members of any governing body that regulates the licensee shall make a member or other person available for mediation as a person with authority to make prehearing decisions concerning disposition of the matter.
(IV) If an agency fails to comply with an order of mediation, a licensee adversely affected by the failure may petition the administrative law judge or hearing officer to suspend the proceedings and require compliance with the order, to be completed in good faith as soon as practicable, under the administrative law judge's or the hearing officer's supervision.
(V) If mediation fails, the agency shall notify the administrative law judge or the hearing officer, and the administrative law judge or the hearing officer shall lift the suspension and proceed with the hearing.
(VI) When determining the place to hold the mediation, the agency shall give due consideration to the location of the licensee's occupation or residence, the availability of an administrative law judge to mediate, and the availability of a member of the governing body that regulates the licensee to be a person with authority to make prehearing decisions concerning disposition of the matter.
(VII) This subsection (4)(b) applies only to agency proceedings that concern an individual who is licensed to practice an occupation or profession; except that this subsection (4)(b) does not apply to a commercial driver's license issued under part 4 of article 2 of title 42.
(VIII) This subsection (4)(b) does not apply if a license has been summarily suspended because the agency finds, in accordance with section 24-4-104 (4), that the licensee is guilty of a deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in the agency's order. Nothing in this subsection (4)(b) prohibits an agency and licensee from voluntarily agreeing to a mediation following a summary suspension.
(IX) Repealed.
(5) Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary, or chief administrative officer thereof or, with respect to any hearing for which an administrative law judge or a hearing officer has been appointed, the administrative law judge or the hearing officer. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena; in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court and may award attorney fees under the Colorado rules of civil procedure. A witness shall be entitled to the fees and mileage provided for a witness in a court of record.
(6) No person engaged in conducting a hearing or participating in a decision or an initial decision shall be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigatory or prosecuting functions for the agency.
(7) Except as otherwise provided by statute, the proponent of an order shall have the burden of proof, and every party to the proceeding shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, a person conducting a hearing may receive all or part of the evidence in written form. The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the person so conducting the hearing may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original. An agency may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.
(8) An agency may take notice of general, technical, or scientific facts within its knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the parties before final decision and every party is afforded an opportunity to controvert the fact so noticed.
(9) (a) Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear on their own behalf. An attorney who is a witness may not act as counsel for the party calling the attorney as a witness. Any party, upon payment of a reasonable charge therefor, shall be entitled to procure a copy of the transcript of the record or any part thereof. Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of such person's own choosing and, upon payment of a reasonable charge therefor, to procure a copy of the transcript of such person's testimony if it is recorded.
(b) (I) Except as provided in subparagraph (III) of this paragraph (b), no attorney shall submit a document concerning an adjudicatory proceeding after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document.
(II) (A) Any state agency that adopts policies, procedures, rules, or regulations for the purpose of implementing the provisions of this section shall ensure that the conduct of state business is not impeded and that no person is denied access to the services or programs of a state agency as a result of such implementation.
(B) No document shall be refused by a state agency solely because it was not submitted on recycled paper.
(III) Nothing in this section shall be construed to apply to:
(A) Photographs;
(B) An original document that was prepared or printed prior to January 1, 1994;
(C) A document that was not created at the direction or under the control of the submitting attorney;
(D) Facsimile copies concerning an adjudicatory proceeding otherwise permitted to be filed in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section;
(E) Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994.
(IV) The provisions of this section shall not be applicable if recycled paper is not readily available.
(V) For purposes of this paragraph (b), unless the context otherwise requires:
(A) Attorney means an attorney-at-law admitted to practice law before any court of record in this state.
(B) Document means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a state agency concerning any action to be commenced or which is pending before such agency.
(C) Recycled paper means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.
(10) Every agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order. Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written application or other request made in connection with any agency proceeding or action, with a statement of the grounds therefor. Upon application made to any court of competent jurisdiction by a party to any agency proceeding or by a person adversely affected by agency action and a showing to the court that there has been undue delay in connection with such proceeding or action, the court may direct the agency to decide the matter promptly.
(11) Every agency shall provide by rule for the entertaining, in its sound discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency. The order disposing of the petition shall constitute agency action subject to judicial review.
(12) Nothing in this article shall affect statutory powers of an agency to issue an emergency order where the agency finds and states of record the reasons for so finding that immediate issuance of the order is imperatively necessary for the preservation of public health, safety, or welfare and observance of the requirements of this section would be contrary to the public interest. Any person against whom an emergency order is issued, who would otherwise be entitled to a hearing pursuant to this section, shall be entitled upon request to an immediate hearing in accordance with this article, in which proceeding the agency shall be deemed the proponent of the order.
(13) The administrative law judge or the hearing officer shall cause the proceedings to be recorded by a reporter or by an electronic recording device. When required, the administrative law judge or the hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the agency when it orders the transcription or by any party seeking to reverse or modify an initial decision of the administrative law judge or the hearing officer. If the agency acquires a copy of the transcription of the proceedings, its copy of the transcription shall be made available to any party at reasonable times for inspection and study.
(14) (a) For the purpose of a decision by an agency that conducts a hearing or an initial decision by an administrative law judge or a hearing officer, the record must include: All pleadings, applications, evidence, exhibits, and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed. The agency, administrative law judge, or hearing officer may permit oral argument. The agency, the administrative law judge, or the hearing officer shall not receive or consider ex parte material or representation of any kind offered without notice. The agency, an administrative law judge, or hearing officer, with the consent of all parties, may eliminate or summarize any part of the record where this may be done without affecting the decision. In any case in which the agency has conducted the hearing, the agency shall prepare, file, and serve upon each party its decision. In any case in which an administrative law judge or a hearing officer has conducted the hearing, the administrative law judge or the hearing officer shall prepare and file an initial decision that the agency shall serve upon each party, except where all parties with the consent of the agency have expressly waived their right to have an initial decision rendered by such administrative law judge or hearing officer. Each decision and initial decision must include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial. An appeal to the agency must be made as follows:
(I) With regard to initial decisions regarding agency action by the department of health care policy and financing, the department of early childhood, the state department of human services, or county department of human or social services, or any contractor acting for any such department, under section 26-1-106 (1)(a), 26.5-1-107, or 25.5-1-107 (1)(a), by filing exceptions within fifteen days after service of the initial decision upon the parties, unless extended by the department of health care policy and financing, the department of early childhood, or the state department of human services, as applicable, or unless a review has been initiated in accordance with this subsection (14)(a)(I) upon motion of the applicable department within fifteen days after service of the initial decision. In the event a party fails to file an exception within fifteen days, the applicable department may allow, upon a showing of good cause by the party, for an extension of up to an additional fifteen days to reconsider the final agency action.
(II) With regard to initial decisions regarding agency action of any other agency, by filing exceptions within thirty days after service of the initial decision upon the parties, unless extended by the agency or unless review has been initiated upon motion of the agency within thirty days after service of the initial decision.
(b) (I) In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the department of health care policy and financing shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the medical services board pursuant to section 25.5-1-107 (1), C.R.S.
(II) In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the state department of human services shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the state board of human services pursuant to section 26-1-106 (1), C.R.S.
(III) In the absence of an exception filed pursuant to subparagraph (II) of paragraph (a) of this subsection (14), the initial decision of any other agency shall become the decision of the agency, and, in such case, the evidence taken by the administrative law judge or the hearing officer need not be transcribed.
(c) Failure to file the exceptions prescribed in this subsection (14) shall result in a waiver of the right to judicial review of the final order of such agency, unless that portion of such order subject to exception is different from the content of the initial decision.
(15) (a) Any party who seeks to reverse or modify the initial decision of the administrative law judge or the hearing officer shall file with the agency, within twenty days following such decision, a designation of the relevant parts of the record described in subsection (14) of this section and of the parts of the transcript of the proceedings which shall be prepared and advance the cost therefor. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefor. The transcript or the parts thereof which may be designated by the parties or the agency shall be prepared by the reporter or, in the case of an electronic recording device, the agency and shall thereafter be filed with the agency. No transcription is required if the agency's review is limited to a pure question of law. The agency may permit oral argument. The grounds of the decision shall be within the scope of the issues presented on the record. The record shall include all matters constituting the record upon which the decision of the administrative law judge or the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the administrative law judge or the hearing officer, and any other exceptions and briefs filed.
(b) The findings of evidentiary fact, as distinguished from ultimate conclusions of fact, made by the administrative law judge or the hearing officer shall not be set aside by the agency on review of the initial decision unless such findings of evidentiary fact are contrary to the weight of the evidence. The agency may remand the case to the administrative law judge or the hearing officer for such further proceedings as it may direct, or it may affirm, set aside, or modify the order or any sanction or relief entered therein, in conformity with the facts and the law.
(16) (a) Each decision and initial decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the agency by such party and, except as provided in paragraph (b) of this subsection (16), shall be effective as to such party on the date mailed or such later date as is stated in the decision.
(b) Upon application by a party, and prior to the expiration of the time allowed for commencing an action for judicial review, the agency may change the effective date of a decision or initial decision.
Source: L. 59: p. 162, § 4. CRS 53: § 3-16-4. L. 61: p. 138, § 1. C.R.S. 1963: § 3-16-4. L. 69: p. 85, § 5. L. 76: (13) and (14) amended and (15) R&RE, pp. 583, 584, §§ 16, 17, effective May 24. L. 77: (14) amended, pp. 1137, 1145, §§ 2, 2, effective June 19. L. 81: (4) amended, p. 1134, § 3, effective June 6. L. 87: (3), (4), (5), (13), (14), and (15) amended, p. 961, § 66, effective March 13. L. 93: (14) amended, p. 426, § 3, effective April 19; (2), (4), (5), (14), (15)(a), and (16) amended, p. 1327, § 4, effective June 6; (9) amended, p. 624, § 3, effective July 1; (9)(b)(V)(B) amended, p. 1798, § 107, effective July 1. L. 94: (14)(a)(I) and (14)(b) amended, p. 2692, § 228, effective July 1. L. 95: (14)(a)(I) and (14)(b) amended, p. 902, § 1, effective May 25. L. 2005: (3) amended, p. 857, § 21, effective June 1. L. 2018: (4) amended, (HB 18-1224), ch. 288, p. 1780, § 2, effective May 29; IP(14)(a) and (14)(a)(I) amended, (SB 18-092), ch. 38, p. 440, § 96, effective August 8. L. 2019: (4)(b)(IX) amended, (SB 19-241), ch. 390, p. 3469, § 26, effective August 2. L. 2022: (14)(a)(I) amended, (HB 22-1295), ch. 123, p. 843, § 64, effective July 1.
Editor's note: (1) Amendments to subsection (14) by Senate Bill 93-133 and House Bill 93-1001 were harmonized.
(2) Subsection IP(4)(b)(IX) provided for the repeal of subsection (4)(b)(IX), effective July 1, 2022. (See L. 2019, p. 3469.)
Cross references: (1) For mileage allowances and fees of witnesses, see §§ 13-33-102 and 13-33-103.
(2) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
24-4-106. Judicial review. (1) In order to assure a plain, simple, and prompt judicial remedy to persons or parties adversely affected or aggrieved by agency actions, the provisions of this section shall be applicable.
(2) Final agency action under this or any other law shall be subject to judicial review as provided in this section, whether or not an application for reconsideration has been filed, unless the filing of an application for reconsideration is required by the statutory provisions governing the specific agency. In the event specific provisions for rehearing as a basis for judicial review as applied to any particular agency are in effect on or after July 1, 1969, then such provisions shall govern the rehearing and appeal procedure, the provisions of this article to the contrary notwithstanding.
(3) An action may be commenced in any court of competent jurisdiction by or on behalf of an agency for judicial enforcement of any final order of such agency. In any such action, any person adversely affected or aggrieved by such agency action may obtain judicial review of such agency action.
(4) Except as provided in subsection (11) of this section, any person adversely affected or aggrieved by any agency action may commence an action for judicial review in the district court within thirty-five days after such agency action becomes effective; but, if such agency action occurs in relation to any hearing pursuant to section 24-4-105, then the person must also have been a party to such agency hearing. A proceeding for such review may be brought against the agency by its official title, individuals who comprise the agency, or any person representing the agency or acting on its behalf in the matter sought to be reviewed. The complaint shall state the facts upon which the plaintiff bases the claim that he or she has been adversely affected or aggrieved, the reasons entitling him or her to relief, and the relief which he or she seeks. Every party to an agency action in a proceeding under section 24-4-105 not appearing as plaintiff in such action for judicial review shall be made a defendant; except that, in review of agency actions taken pursuant to section 24-4-103, persons participating in the rule-making proceeding need not be made defendants. Each agency conducting a rule-making proceeding shall maintain a docket listing the name, address, and telephone number of every person who has participated in a rule-making proceeding by written statement, or by oral comment at a hearing. Any person who commences suit for judicial review of the rule shall notify each person on the agency's docket of the fact that a suit has been commenced. The notice shall be sent by first-class certified mail within fourteen days after filing of the action and shall be accompanied by a copy of the complaint for judicial review bearing the action number of the case. Thereafter, service of process, responsive pleadings, and other matters of procedure shall be controlled by the Colorado rules of civil procedure. An action shall not be dismissed for failure to join an indispensable party until an opportunity has been afforded to an affected party to bring the indispensable party into the action. The residence of a state agency for the purposes of this subsection (4) shall be deemed to be the city and county of Denver. In any action in which the plaintiff seeks judicial review of an agency decision made after a hearing as provided in section 24-4-105, the parties after issue is joined shall file briefs within the time periods specified in the Colorado appellate rules.
(4.5) Subject to the limitation set forth in section 39-8-108 (2), C.R.S., the board of county commissioners of any county of this state may commence an action in the Denver district court within the time limit set forth in subsection (4) of this section for judicial review of any agency action which is directed to any official, board, or employee of such county or which involves any duty or function of any official, board, or employee of such county with the consent of said official, board, or employee, and to the extent that said official, board, or employee could maintain an action under subsection (4) of this section. In addition, in any action brought against any official, board, or employee of a county of this state for judicial enforcement of any final order of any agency, the defendant official, board, or employee may obtain judicial review of such agency action. In any such action for judicial review, the county official, board, or employee shall not be permitted to seek temporary or preliminary injunctive relief pending a final decision on the merits of its claim.
(4.7) The county clerk and recorder of any county may commence an action under this section in the Denver district court for judicial review of any final action issued by the secretary of state arising under the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S. In any such action, the county clerk and recorder may seek temporary or preliminary injunctive relief pending a final decision on the merits of the claim as permitted under this section.
(5) Upon a finding that irreparable injury would otherwise result, the agency, upon application therefor, shall postpone the effective date of the agency action pending judicial review, or the reviewing court, upon application therefor and regardless of whether such an application previously has been made to or denied by any agency, and upon such terms and upon such security, if any, as the court shall find necessary and order, shall issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve the rights of the parties pending conclusion of the review proceedings.
(6) In every case of agency action, the record, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the agency, rulings upon exceptions, and the decision, findings, and action of the agency. Any person initiating judicial review shall designate the relevant parts of such record and advance the cost therefor. As to alleged errors, omissions, and irregularities in the agency record, evidence may be taken independently by the court.
(7) (a) If the court finds no error, it shall affirm the agency action.
(b) The court shall hold unlawful and set aside the agency action and shall restrain the enforcement of the order or rule under review, compel any agency action to be taken that has been unlawfully withheld or unduly delayed, remand the case for further proceedings, and afford other relief as may be appropriate if the court finds that the agency action is:
(I) Arbitrary or capricious;
(II) A denial of statutory right;
(III) Contrary to constitutional right, power, privilege, or immunity;
(IV) In excess of statutory jurisdiction, authority, purposes, or limitations;
(V) Not in accord with the procedures or procedural limitations of this article 4 or as otherwise required by law;
(VI) An abuse or clearly unwarranted exercise of discretion;
(VII) Based upon findings of fact that are clearly erroneous on the whole record;
(VIII) Unsupported by substantial evidence when the record is considered as a whole; or
(IX) Otherwise contrary to law, including failing to comply with section 24-4-104 (3)(a) or 24-4-105 (4)(b).
(c) In making the findings specified in this subsection (7), the court shall review the whole record or portions of the record cited by any party.
(d) In all cases under review, the court shall determine all questions of law and interpret the statutory and constitutional provisions involved and shall apply the interpretation to the facts duly found or established.
(8) Upon a showing of irreparable injury, any court of competent jurisdiction may enjoin at any time the conduct of any agency proceeding in which the proceeding itself or the action proposed to be taken therein is clearly beyond the constitutional or statutory jurisdiction or authority of the agency. If the court finds that any proceeding contesting the jurisdiction or authority of the agency is frivolous or brought for the purpose of delay, it shall assess against the plaintiff in such proceeding costs and a reasonable sum for attorney fees (or an equivalent sum in lieu thereof) incurred by other parties, including the state.
(9) The decision of the district court shall be subject to appellate review as may be permitted by law or the Colorado appellate rules, but a notice of intent to seek appellate review must be filed with the district court within forty-nine days after its decision becomes final. If no notice of intent to seek appellate review is filed with the trial court within forty-nine days after its decision becomes final, the trial court shall immediately return to the agency its record. Upon disposition of a case in an appellate court which requires further proceedings in the trial court, the agency's record shall be returned to the trial court. On final disposition of the case in the appellate court when no further proceedings are necessary or permitted in the trial court, the agency's record shall be returned by the appellate court to the agency with notice of such disposition to the trial court or to the trial court, in which event the agency's record shall be returned by the trial court to the agency.
(10) In any judicial review of agency action, the district court or the appellate court shall advance on the docket any case which in the discretion of the court requires acceleration.
(11) (a) Whenever judicial review of any agency action is directed to the court of appeals, the provisions of this subsection (11) shall be applicable except for review of orders of the industrial claim appeals office.
(b) Such proceeding shall be commenced by the filing of a notice of appeal with the court of appeals within forty-nine days after the date of the service of the final order entered in the action by the agency, together with a certificate of service showing service of a copy of said notice of appeal on the agency and on all other persons who have appeared as parties to the action before the agency. The date of service of an order is the date on which a copy of the order is delivered in person or, if service is by mail, the date of mailing.
(c) The record on appeal shall conform to the provisions of subsection (6) of this section. The designation and preparation of the record and its transmission to the court of appeals shall be in accordance with the Colorado appellate rules. A request for an extension of time to transmit the record shall be made to the court of appeals and may be granted only by that court.
(d) The docketing of the appeal and all procedures thereafter shall be as set forth in the Colorado appellate rules. The agency shall not be required to pay a docket fee. All persons who have appeared as parties to the action before the agency who are not designated as appellants shall, together with the agency, be designated as appellees.
(e) The standard for review as set forth in subsection (7) of this section shall apply to appeals brought under this subsection (11).
Source: L. 59: p. 164, § 5. CRS 53: § 3-16-5. C.R.S. 1963: §3-16-5. L. 69: pp. 89, 268, §§ 6, 2. L. 76: (4) amended, p. 584, § 18, effective May 24. L. 79: (4.5) added, p. 843, § 2, effective May 26. L. 81: (4) amended and (11) added, pp. 890, 1134, 1142, §§ 4, 4, 1, effective July 1. L. 86: (11)(a) amended, p. 498, § 117, effective July 1. L. 87: (9) amended, p. 921, § 1, effective June 20. L. 93: (6) amended, p. 1330, § 5, effective June 6. L. 2012: (4) amended, (SB 12-175), ch. 208, p. 880, § 144, effective July 1. L. 2013: (9) and (11)(b) amended, (HB 13-1126), ch. 58, p. 192, § 5, effective July 1. L. 2014: (4.7) added, (HB 14-1354), ch. 159, p. 553, § 2, effective May 9. L. 2018: (7) amended, (HB 18-1224), ch. 288, p. 1783, § 3, effective May 29.
24-4-107. Application of article. This article applies to every agency of the state having statewide territorial jurisdiction except those in the legislative or judicial branches, courts-martial, military commissions, and arbitration and mediation functions. It applies to every other agency to which it is made to apply by specific statutory reference; but, where there is a conflict between this article and a specific statutory provision relating to a specific agency, such specific statutory provision shall control as to such agency.
Source: L. 59: p. 166, §6. CRS 53: § 3-16-6. C.R.S. 1963: § 3-16-6. L. 69: p. 91, § 7.
24-4-108. Legislative consideration of rules. (Repealed)
Source: L. 79: Entire section added, p. 846, § 3, effective July 1. L. 80: (2)(c) repealed, p. 289, § 3, effective April 13; (2)(b) repealed, p. 292, § 3, effective April 16; (6)(g) added and (2)(a) repealed, p. 287, §§ 2, 3, effective April 16. L. 81: (3)(a) repealed and (6.1) added, p. 1148, §§ 3, 2, effective April 24; (3)(d) repealed and (6.1) added, p. 1149, §§ 3, 2, effective May 28; (3)(b) repealed, p. 272, § 2, effective June 5; (7) amended and (3)(c), (6)(f), (6)(g), (6)(h), and (6.1) repealed, pp. 1145, 1146, §§ 1, 7, effective July 1; (8) amended, p. 1178, § 7, effective July 1. L. 82: (4)(a) repealed, p. 199, § 2, effective March 11; (4)(b) repealed, p. 201, § 2, effective April 27; (4)(c) repealed, p. 203, § 2, effective March 13. L. 83: (5)(b) repealed, p. 304, § 2, effective May 20; (5)(a) repealed, p. 306, § 2, effective May 25; (5)(c) repealed, p. 309, § 2, effective May 26; (5)(d) repealed, p. 308, § 2, effective June 1. L. 84: (6)(b) repealed, p. 260, § 2, effective March 29; (6)(e) repealed, p. 259, § 2, effective April 5; (6)(d) repealed, p. 258, § 2, effective April 9. L. 2016: (8) amended, (HB 16-1192), ch. 83, p. 234, § 16, effective April 14. L. 2022: Entire section repealed, (SB 22-091), ch. 28, p. 168, § 2, effective August 10.
24-4-109. State engagement of disproportionately impacted communities - definitions. (1) Goal. The goal of outreach to and engagement of disproportionately impacted communities is to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to received public input to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community.
(2) Definitions. (a) (I) (A) All statewide agencies shall use the definition of disproportionately impacted community set forth in subsection (2)(b)(II) of this section.
(B) In applying the definition of disproportionately impacted community, a statewide agency may prioritize or target certain criteria of the definition of disproportionately impacted community or certain subsets of communities that meet the definition of disproportionately impacted community if the statewide agency makes a determination by rule or other public decision-making process that the prioritization or targeting is warranted and reasonably tailored to the category of statewide agency action involved. A statewide agency with rulemaking authority shall make the determination by rule.
(C) A determination of the public utilities commission that it will prioritize or target certain criteria of the definition of disproportionately impacted community or subsets of communities that meet the definition of disproportionately impacted community does not constitute any prejudice or disadvantage or any unreasonable difference as set forth in section 40-3-106 (1)(a).
(II) (Deleted by amendment, L. 2023.)
(b) As used in this section and sections 25-1-134 and 25-7-105 (1)(e), unless the context otherwise requires:
(I) Agency means the air quality control commission created in section 25-7-104 and, as used in this section and section 25-1-134, the water quality control commission created in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that apply to the water quality control commission are effective on July 1, 2023, except for the portions requiring the water quality control commission to effectuate the requirements of subsections (3)(b)(I), (3)(b)(II), (3)(b)(IV), and (3)(b)(V) of this section, which apply to any rule-making proceedings of the commission concerning the classifications and numeric standards for the South Platte river basin, Laramie river basin, Republican river basin, and Smoky Hill river basin that occur after June 8, 2022.
(II) Disproportionately impacted community means a community that is described in subsection (2)(b)(II)(G) or (2)(b)(II)(H) of this section or that is in a census block group, as determined in accordance with the most recent five-year United States bureau of the census American community survey and meets one or more of the following criteria:
(A) The proportion of the population living in households that are below two hundred percent of the federal poverty level is greater than forty percent;
(B) The proportion of households that spend more than thirty percent of household income on housing is greater than fifty percent;
(C) The proportion of the population that identifies as people of color is greater than forty percent;
(D) The proportion of the population that is linguistically isolated is greater than twenty percent;
(E) A statewide agency determines, after a community presents evidence of being and requests to be classified as a disproportionately impacted community, that the population is disproportionately impacted based on evidence, presented in a relevant statewide agency decision-making process, that a census block group is disproportionately impacted because it has a history of environmental racism perpetuated through redlining or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities;
(F) The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation may act cumulatively to affect health and the environment and may contribute to persistent disparities;
(G) The community is a mobile home park, as defined in section 38-12-201.5 (6), regardless of whether the mobile home park is a census block group; or
(H) The community is located on the Southern Ute or Ute Mountain Ute Indian reservation, regardless of whether the community is a census block group;
(III) Proposed state action means:
(A) Rule-making proceedings held pursuant to section 24-4-103;
(B) Licensing proceedings, including the issuance and renewal of permits, held pursuant to section 24-4-104; and
(C) Adjudicatory hearings held pursuant to section 24-4-105.
(IV) Statewide agency means any board, bureau, commission, department, institution, division, section, or officer of the state. Statewide agency does not include:
(A) The legislative branch;
(B) The judicial branch;
(C) State educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23; or
(D) The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106.
(3) Engagement. (a) To promote the goal of state engagement of disproportionately impacted communities, an agency shall strive to create new ways to gather input from communities across the state, using multiple languages and multiple formats and transparently sharing information about adverse environmental effects from its proposed state action.
(b) When conducting outreach to and engagement of disproportionately impacted communities regarding a proposed state action, the agency shall:
(I) Schedule variable times of day and days of the week for opportunities for public input on the proposed state action, including at least one weekend time, one evening time, and one morning time for public input;
(II) Provide notice at least thirty days before any public input opportunity or before the start of any public comment period;
(III) Utilize several different methods of outreach and ways to publicize the proposed state action, including disseminating information through schools, clinics, social media, social and activity clubs, local governments, tribal governments, libraries, religious organizations, civic associations, community-based environmental justice organizations, or other local services;
(IV) Provide several methods for the public to give input, such as in-person meetings, virtual and online meetings, online comment portals or email, and call-in meetings;
(V) Consider using a variety of locations for public input on the proposed state action, including meeting locations in urban centers, in neighborhoods whose populations are predominantly Black, Indigenous, or people of color and have an average income below the state's average, and in rural locations in various regions of the state; and
(VI) Create outreach materials concerning the proposed state action in layperson's terms, translated into the top two languages spoken in a community, that inform people of opportunities to provide input on the proposed state action, their rights, the possible outcomes, and the upcoming public input process.
(4) The division of parks and wildlife created in section 33-9-104 shall, in conducting public outreach regarding the keep Colorado wild pass pursuant to section 33-12-108 (7):
(a) Include outreach to and engagement of disproportionately impacted communities with a goal to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to public input received to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community; and
(b) Engage disproportionately impacted communities in accordance with the procedures set forth in subsection (3) of this section.
(5) (a) (I) The division of administration in the Colorado department of public health and environment shall administer the Colorado EnviroScreen tool so that a census block group that scores above the eightieth percentile in the Colorado EnviroScreen tool is presumed to be a disproportionately impacted community under subsection (2)(b)(II)(F) of this section. A statewide agency determining whether a community is a disproportionately impacted community under subsection (2)(b)(II)(F) of this section shall apply the most recent version of the Colorado EnviroScreen tool available at the time the statewide agency makes the determination.
(II) As used in this subsection (5)(a), Colorado EnviroScreen tool means the environmental justice mapping tool developed and administered by the department of public health and environment and Colorado state university, or any successor tool.
(b) A census block group that is within a census tract that qualifies as disadvantaged as determined under the climate and economic justice screening tool developed by the council on environmental quality in the office of the president of the Unites States is presumed to be a disproportionately impacted community under subsection (2)(b)(II)(F) of this section. A statewide agency determining whether a community is a disproportionately impacted community under subsection (2)(b)(II)(F) of this section shall apply the most recent version of the climate and economic justice screening tool available when it is determining whether a community is a disproportionately impacted community.
(6) The provisions of subsection (2)(b)(II) of this section are severable, and if any provision of subsection (2)(b)(II) of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions are valid, unless:
(a) It appears to the court that the valid provisions are so essentially and inseparably connected with, and so dependent on, the unconstitutional provision that it cannot be presumed that the legislature would have enacted the valid provisions without the unconstitutional one; or
(b) The court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2725, § 3, effective July 2; (4) added, (SB 21-249), ch. 273, p. 1587, § 2, effective September 7. L. 2022: (2)(b)(I) amended, (HB 22-1322), ch. 460, p. 3270, § 1, effective June 8. L. 2023: (2)(a) and (2)(b)(II) amended and (2)(b)(IV), (5), and (6) added, (HB 23-1233), ch. 245, p. 1328, § 14, effective May 23. L. 2024: IP(2)(b) and (2)(b)(I) amended, (HB 24-1338), ch. 259, p. 1720, § 5, effective May 28.
Cross references: (1) For the short title (Environmental Justice Act) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
(2) For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.
PART 2
MILITARY OCCUPATIONAL STREAMLINING
Cross references: For the legislative declaration in HB 16-1197, see section 1 of chapter 190, Session Laws of Colorado 2016.
24-4-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Authority to practice or authorized to practice means the holding of a currently valid license to practice in an occupation or a currently valid certification or registration necessary to practice in an occupation if the person is licensed, certified, or registered.
(2) Military occupational specialty means the category or categories of special duties a member of the United States armed forces is trained to perform.
(3) Occupation means an occupation or profession that is licensed, certified, or registered under state statute.
(4) State agency means any department, division, board, or other agency of the state of Colorado that certifies, licenses, or registers an occupation.
Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10.
24-4-202. Legislative declaration - reports. (1) The general assembly intends that:
(a) Each state agency that authorizes more than ten occupations to practice or oversees other agencies that authorize more than ten occupations to practice should have implemented this part 2 for:
(I) At least twenty-five percent of the occupations by December 30, 2018;
(II) At least fifty percent of the occupations by December 30, 2020; and
(III) All of the occupations by December 30, 2022;
(b) Each state agency that authorizes ten or fewer occupations to practice or oversees other agencies that authorize ten or fewer occupations to practice should have implemented this part 2 for:
(I) At least fifty percent of the occupations by December 30, 2018; and
(II) All of the occupations by December 30, 2020.
(2) Repealed.
Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10.
Editor's note: Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2023. (See L. 2016, p. 675.)
24-4-203. Evaluation and implementation. (1) Each agency shall:
(a) Document the following results and publish a summary of pathways available to a veteran to obtain authorization to practice an occupation:
(I) Evaluate the extent to which military training meets all or part of the state requirements to be authorized to practice an occupation;
(II) Identify reciprocity mechanisms with other states; and
(III) Determine if an occupational exam is available to authorize a veteran to practice an occupation;
(b) Consult with community colleges and other post-secondary educational institutions with regard to:
(I) Courses or programs to cover the gap between military occupational specialty training and the training required to be authorized to practice an occupation; and
(II) Refresher courses for the reinstatement of lapsed civilian credentials; and
(c) Consider adopting a national credentialing exam.
Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10.
24-4-204. Consultation - cooperation. (1) Each state agency may consult with any federal or state military official or agency, state agency, or post-secondary educational institution to determine how best to implement this part 2.
(2) Nothing in this part 2 gives a state agency authority to determine curriculum, programs, or courses offered at any post-secondary education institution.
Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10.
ARTICLE 4.1
Crime Victim Compensation and
Victim and Witness Rights
Cross references: For restitution as a condition of probation, see § 18-1.3-205; for restitution to victims of crime generally, see article 28 of title 17; for the Colorado Victim and Witness Protection Act of 1984, see part 7 of article 8 of title 18; for restitution by delinquent children under the Colorado Children's Code, see § 19-2-918; for assistance to victims of and witnesses to crimes, see article 4.2 of this title.
PART 1
CRIME VICTIM COMPENSATION ACT
24-4.1-100.1. Short title. This part 1 shall be known and may be cited as the Colorado Crime Victim Compensation Act.
Source: L. 82: Entire section added, p. 364, § 1, effective March 22. L. 84: Entire section amended, p. 657, § 5, effective May 14.
24-4.1-101. Legislative declaration. The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes.
Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 92: Entire section amended, p. 415, § 1, effective January 14, 1993.
Cross references: For constitutional provisions relating to the rights of crime victims, see § 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of this article.
24-4.1-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Applicant means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such a victim's death, the term includes any person who was the victim's dependent at the time of the death of that victim.
(1.3) Assault by strangulation means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i).
(2) Board means the crime victim compensation board in each judicial district.
(3) Child means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child.
(4) (a) Compensable crime means:
(I) An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2) that results in residential property damage to or injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or
(II) An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person.
(b) Compensable crime includes, but is not limited to, any state offense that is a crime pursuant to section 24-4.1-302 (1) and any federal offense that is comparable to those specified in subsection (4)(a) of this section and is committed in this state.
(5) (a) Dependent means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted.
(b) Dependent also means a child or intimate partner of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, with the accused, if the accused provided household support to the dependent.
(6) Economic loss means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment.
(7) Fund means the crime victim compensation fund as established in each judicial district.
(7.5) Household support means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence and dependent care.
(8) Injury means impairment of a person's physical or mental condition and includes pregnancy.
(8.5) (a) Property damage means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling.
(b) Property damage also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety and may include expenses incurred for a motor vehicle that is determined by law enforcement to be where a compensable crime was committed.
(9) Relative means a victim's intimate partner, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, relative includes any person who has a family-type relationship with a victim.
(9.5) Replacement services loss means expenses reasonably incurred in obtaining necessary services that an injured or deceased victim would otherwise have performed for the benefit of the victim's self or family, but not for income, if the victim had not been injured or died.
(10) (a) Victim means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state:
(I) Any person against whom a compensable crime is perpetrated or attempted. Such a person is a primary victim.
(II) and (III) (Deleted by amendment, L. 2024.)
(b) Victim also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim. Such a person is a secondary victim and also includes:
(I) Any person who attempts to assist or assists a primary victim; or
(II) Any person who is a relative of a primary victim.
(c) Victim also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a reasonably accessible crime victim compensation program for which the person would be eligible.
(d) Victim also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States.
Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, §§ 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, § 6, effective May 14. L. 85: (1) and (6) amended, p. 792, § 1, effective April 11. L. 90: (10) amended, p. 1179, § 1, effective July 1. L. 94: (4) amended, p. 2555, § 50, effective January 1, 1995. L. 95: (8) to (10) amended, p. 1400, § 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, § 3, effective July 1. L. 98: (10)(d) amended, p. 517, § 1, effective April 30. L. 99: (10)(d) amended, p. 58, § 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15-1035), ch. 60, p. 143, § 1, effective March 30. L. 2021: (1.3) added, (HB 21-1165), ch. 129, p. 520, § 2, effective May 10. L. 2024: (1), (4)(a)(I), (4)(b), (5)(b), (7.5), (8.5)(b), (9), (10)(a), (10)(b), and (10)(c) amended and (9.5) added, (SB 24-120), ch. 177, p. 958, § 1, effective May 15.
Cross references: For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.
24-4.1-103. Crime victim compensation board - creation. (1) There is hereby created in each judicial district a crime victim compensation board. Each board is composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairperson. To the extent possible, members shall fairly reflect the population of the judicial district.
(2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a three-year term, one for a two-year term, and one for a one-year term. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board.
(3) Members of the board shall receive no compensation but are entitled to be reimbursed for travel expenses at the rate authorized for state employees.
(4) (a) Effective November 1, 2024, a crime victim compensation board for the twenty-third judicial district is created. The district attorney for the eighteenth judicial district shall appoint the initial board of three members, each of whom must be residents of Douglas, Elbert, or Lincoln counties. The district attorney for the eighteenth judicial district shall designate one of the members as the initial chair. After January 7, 2025, the district attorney for the twenty-third judicial district shall appoint board members for that judicial district, including any vacancies. To the extent possible, members must fairly reflect the population of the twenty-third judicial district.
(b) For the initial board, the term of office of each member of the twenty-third judicial district board is fourteen months. Thereafter, the term is three years; except that, of those members first appointed by the twenty-third judicial district attorney, the district attorney shall appoint one for a three-year term, one for a two-year term, and one for a one-year term. All other terms and vacancies must be consistent with subsection (2) of this section.
(c) The crime victim compensation board for the twenty-third judicial district shall begin awarding compensation to victims of crimes on or after January 7, 2025.
Source: L. 81: Entire article added, p. 1136, § 5, effective July 1. L. 90: (2) amended, p. 1179, § 2, effective July 1. L. 2024: (4) added, (HB 24-1013), ch. 43, p. 153, § 1, effective April 4; (1) amended, (SB 24-120), ch. 177, p. 960, § 2, effective May 15.
24-4.1-104. District attorney to assist board. (1) The district attorney and the district attorney's legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1.
(2) Repealed.
Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 657, § 7, effective May 14. L. 2024: Entire section amended, (HB 24-1013), ch. 43, p. 154, § 2, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 960, § 3, effective May 15.
Editor's note: (1) Amendments to this section by HB 24-1013 and SB 24-120 were harmonized.
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2025. (See L. 2024, pp. 154, 960.)
24-4.1-105. Application for compensation. (1) A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on the minor's behalf by the minor's parent or guardian. In a case in which the person entitled to apply is mentally incompetent, the application may be made on the person's behalf by the person's parent, conservator, or guardian or by any other individual authorized to administer the person's estate.
(2) (a) In order to be eligible for compensation under this part 1, the applicant shall submit reports, if reasonably available, from any physician who has treated or examined the victim at the time of or subsequent to the victim's injury or death. The report shall be in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or the report on the cause of death of the victim by a medical expert would be of material aid to its determination, the board may order the reports.
(b) In order to be eligible for compensation for property damage under this part 1, the applicant shall submit a report or case number, if reasonably available, from a law enforcement agency which shall set forth the nature of the property damage which is the result of a compensable crime.
(3) If the applicant makes any false statement as to a material fact, the applicant is ineligible for approval pursuant to this part 1.
Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 83: (2) amended, p. 669, § 17, effective July 1. L. 84: Entire section amended, p. 657, § 8, effective May 14. L. 2024: (1) and (3) amended, (SB 24-120), ch. 177, p. 960, § 4, effective May 15.
24-4.1-106. Hearings. (1) The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106.
(2) The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence.
(3) If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid.
(4) Orders and decisions of the board are final.
(5) Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure.
Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 9, effective May 14.
24-4.1-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1.
Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 10, effective May 14.
24-4.1-107.5. Confidentiality of materials - definitions. (1) For purposes of this section, unless the context otherwise requires:
(a) In camera review means the judge views the material in private, without either party present.
(b) Materials means any records, claims, writings, documents, or information.
(2) Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a crime victim under this article are confidential. The district attorney shall have standing in any action to oppose the disclosure of any such materials. A board shall not provide through discovery in any civil or criminal action any exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim except:
(a) In the event of the review by the court of an order or decision of the board pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary to obtain court review; or
(b) Upon a strict showing to the court in a separate civil or a criminal action that particular information or documents are known to exist only in board records. The court may inspect in camera such records to determine whether the specific requested information exists. If the court determines that the specific information sought exists in the board's records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety or welfare of the victim or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.
(3) In a proceeding for determining the amount of restitution, if the defendant's request is not speculative and is based on an evidentiary hypothesis that warrants an in camera review to rebut the presumption established in section 18-1.3-603, C.R.S., the court may release additional information contained in the records of the board only after an in camera review and additionally finding that the information:
(a) Is necessary for the defendant to dispute the amount claimed for restitution; and
(b) Will not pose any threat to the safety or welfare of the victim, or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.
Source: L. 2000: Entire section added, p. 242, § 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, § 2, effective March 30.
24-4.1-108. Approving compensation. (1) A person is entitled to approval of compensation under this part 1 if:
(a) The person is a victim or a dependent of a victim or a successor in interest under the Colorado Probate Code of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and which resulted in a loss;
(b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim. The requirement to notify the appropriate law enforcement officials required by this subsection (1)(b) is satisfied if, as the result of the compensable crime that the application is being submitted for, the victim or applicant provides documentation that a forensic examination was conducted by a licensed or registered nurse or medical provider.
(c) The applicant has cooperated reasonably with law enforcement officials in the apprehension and prosecution of the assailant, or the board has found good cause exists for the failure to cooperate, or, if the applicant is a victim of assault by strangulation, the applicant cooperates with law enforcement by undergoing a medical forensic examination;
(d) Repealed.
(e) The death of or injury to the victim was not substantially attributable to the victim's wrongful act or substantial provocation of the victim's assailant; and
(f) The application for approval of compensation under this part 1 is filed with the board.
(1.5) A person is entitled to approval of compensation for property damage under this part 1 if:
(a) The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage;
(b) The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
(c) The applicant has cooperated reasonably with law enforcement officials in the apprehension and prosecution of the assailant or the board has found that good cause exists for the failure to cooperate; and
(d) The application for approval of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows.
(2) The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required.
(3) Upon a finding by the board that compensation should be approved, the board shall submit a payment request to the court executive, who shall remit payment in accordance with the payment request.
(4) Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that victims are compensated and to ensure that available money in the fund is not exceeded.
Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (1)(f) amended and (1.5) added, pp. 668, 669, 854, §§ 14, 18, 2, effective July 1. L. 84: IP(1), (1)(f), IP(1.5), and (1.5)(d) amended, pp. 658, 1120, §§ 11, 20, effective May 14. L. 85: (2) amended, p. 792, § 2, effective April 11. L. 89: (1)(d) repealed, p. 1016, § 3, effective April 23. L. 95: (4) added, p. 1401, § 2, effective July 1. L. 2009: (4) amended, (SB 09-047), ch. 129, p. 556, § 4, effective July 1. L. 2012: (1)(f) amended, (HB 12-1053), ch. 244, p. 1158, § 4, effective August 8. L. 2021: (1)(c) amended, (HB 21-1165), ch. 129, p. 520, § 3, effective May 10. L. 2024: IP(1), (1)(b), (1)(c), (1)(e), (1)(f), IP(1.5), (1.5)(c), (1.5)(d), (3), and (4) amended, (SB 24-120), ch. 177, p. 960, § 5, effective May 15.
Cross references: (1) For the Colorado Probate Code, see articles 10 to 17 of title 15.
(2) For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.
24-4.1-109. Losses compensable. (1) Losses compensable under this part 1 resulting from death of or injury to a victim include:
(a) Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
(b) Loss of earnings;
(c) and (d) Repealed.
(d.5) Replacement services losses;
(e) Funeral and burial expenses;
(f) Loss of support to dependents;
(g) Mental health counseling;
(h) Household support; except that household support is only available to a dependent when:
(I) The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article;
(II) As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and
(III) The dependent provides verification of dependency on the offender at the time of the criminal event.
(i) Reasonable travel expenses for a victim related to funeral, burial, medical care, or mental health counseling;
(j) Reasonable travel expenses for a victim related to attending critical events pursuant to section 24-4.1-302 (2), except when the primary or secondary victim is subpoenaed to testify;
(k) Dependent care services; and
(l) Reasonable relocation expenses for a victim to relocate as necessary to ensure the victim's safety.
(1.5) (a) Losses compensable under this part 1 resulting from property damage include:
(I) (A) Repair or replacement of residential property damaged as a result of a compensable crime; or
(B) Payment of the deductible amount on a residential or motor vehicle insurance policy;
(II) Any modification to the victim's residence that is necessary to ensure victim safety;
(III) The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety;
(IV) Towing or impound fees for a motor vehicle that law enforcement determines to be where a compensable crime was committed; and
(V) Repair or replacement of dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices damaged or stolen as a result of a compensable crime.
(b) (Deleted by amendment, L. 98, p. 517, §2, effective April 30, 1998.)
(2) Compensable losses do not include:
(a) Pain and suffering or property damage expenses other than those specified in subsection (1.5)(a) of this section;
(b) Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars; or
(c) Repealed.
(d) Motor vehicle expenses other than those specified in subsections (1.5)(a)(I)(B) and (1.5)(a)(III) of this section.
Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, §§ 19, 3, effective July 1. L. 84: Entire section amended, p. 659, § 12, effective May 14. L. 85: (1)(g) added, p. 792, § 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, § 1, effective April 23. L. 93: (2) amended, p. 2051, § 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, § 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, § 3, effective March 30. L. 2024: (1)(c) and (1)(d) repealed, (1)(d.5), (1)(i), (1)(j), (1)(k), (1)(l), and (2)(d) added, and (1)(e), (1.5)(a), (2)(a), and (2)(b) amended, (SB 24-120), ch.177, p. 961, § 6, effective May 15.
24-4.1-110. Recovery from collateral source. (1) The board may deduct from compensation it approves under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from an emergency approval under this part 1 for injury or death compensable under this part 1, excluding death or pension benefits.
(2) If compensation is approved under this part 1 and the person receiving it also receives a collateral sum under subsection (1) of this section which has not been deducted from it, the person shall refund to the board the lesser of the sums or the amount of compensation paid to the person under this part 1 unless the aggregate of both sums does not exceed the person's losses. The fund is the payer of last resort.
(3) If a defendant is ordered to pay restitution under article 18.5 of title 16 to a person who has received compensation awarded under this part 1, an amount equal to the compensation approved must be transmitted from such restitution to the board for allocation to the fund.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 83: Entire section amended, p. 670, § 20, effective July 1. L. 84: (1)(b) amended, p. 659, § 13, effective May 14. L. 98: (3) amended, p. 823, § 33, effective August 5. L. 2000: (3) amended, p. 1051, § 20, effective September 1. L. 2006: (2) amended, p. 422, § 5, effective April 13. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 962, § 7, effective May 15.
24-4.1-111. Compensation to relatives. (1) A relative of a victim, even though the relative was not a dependent of the victim, is eligible for compensation for reasonable medical, funeral, or burial expenses for the victim, if:
(a) Such expenses were paid by the relative; and
(b) The relative files a claim in the manner provided in this part 1.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1)(b) amended, p. 659, § 14, effective May 14. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 963, § 8, effective May 15.
24-4.1-112. Emergency approvals. (1) The board may order an emergency approval to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Approvals pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of an approval pursuant to this section must not exceed the amount set forth in the board's policies regarding emergency approvals and must be deducted from any final approval made as a result of the claim.
(2) If the amount of an emergency approval exceeds the sum the board would have approved pursuant to this part 1, such excess must be repaid by the recipient.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (2) amended, p. 659, § 15, effective May 14. L. 98: (1) amended, p. 518, § 3, effective April 30. L. 2015: (1) amended, (HB 15-1035), ch. 60, p. 146, § 4, effective March 30. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 963, § 9, effective May 15.
24-4.1-113. Fees. No fee may be charged to the applicant by the board in any proceeding under this article.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1.
24-4.1-114. Assignment, attachment, or garnishment of approved compensation. No compensation payable under this article 4.1, prior to actual receipt thereof by the person or beneficiary entitled thereto or the person's or beneficiary's legal representative, is assignable or subject to execution, garnishment, attachment, or any other process, including process to satisfy an order or judgment for support or alimony.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 963, § 10, effective May 15.
24-4.1-114.5. Limitations on characterization of payment as income. No compensation payable to an applicant under this part 1 is included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, nor is it considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance or the amount of assistance payments pursuant to section 26-2-108.
Source: L. 83: Entire section added, p. 856, § 1, effective July 1. L. 84: Entire section amended, p. 659, § 16, effective May 14. L. 87: Entire section amended, p. 1452, § 28, effective June 22. L. 2024: Entire section amended, (SB 24-120), ch.177, p. 964, § 11, effective May 15.
24-4.1-115. Survival of rights. The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may be continued by the legal representative of the decedent's estate.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 17, effective May 14.
24-4.1-116. Subrogation. The acceptance of approved compensation made pursuant to this part 1 subrogates the state, to the extent of the approved amount, to any right or right of action accruing to the applicant.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 18, effective May 14. L. 2024: Entire section amended, (SB 24-120), ch.177, p. 964, § 12, effective May 15.
24-4.1-116.5. Collection actions against crime victims - suspension. (1) A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and:
(a) Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and
(b) Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt.
(2) The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf.
(3) The provisions of subsection (1) of this section:
(a) Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
(b) Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
Source: L. 2015: Entire section added, (HB 15-1035), ch. 60, p. 146, § 5, effective March 30.
24-4.1-117. Fund created - control of fund. (1) The crime victim compensation fund is hereby established in the office of the court executive of each judicial district for the benefit of eligible applicants under this part 1.
(1.3) The crime victim compensation fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The fund consists of any money due the twenty-third judicial district pursuant to subsection (2) of this section on and after January 7, 2025. The judicial department shall coordinate with the crime victim compensation board for the eighteenth judicial district to credit money paid as costs or surcharges levied on criminal actions in Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district, from the money collected pursuant to subsection (2) of this section on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties.
(1.5) Repealed.
(2) The fund consists of all money paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal money available to state or local governments for victim compensation; all money received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for approval of, and limited to, compensation received under this part 1; any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for approval of compensation received under this part 1 and for damages for which the victim has received approval of, and limited to, compensation received under this part 1; money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that the general assembly may appropriate or transfer to the fund.
(3) All money deposited in the fund is deposited in an interest-bearing account, which must be no less secure than those used by the state treasurer, and which must yield the highest interest possible. All interest earned by money in the fund is credited to the fund.
(4) At the conclusion of each fiscal year, all money remaining in the fund remains in the fund.
(5) All money deposited in the fund must be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court executive may use an aggregate of no more than twenty-two and one-half percent of the total amount of money in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney may use no more than twenty percent of the total amount of money in the fund for administrative costs. The court executive may use no more than two and one-half percent of the total amount of money in the fund for administrative costs.
(6) Grants of federal money that is accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims.
Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1), (2), and (5) amended, p. 660, § 19, effective May 14. L. 85: (6) added, p. 793, § 4, effective April 11. L. 89: (5) amended, p. 1016, § 2, effective April 23. L. 98: (5) amended, p. 518, § 4, effective April 30. L. 2007: (2) amended, p. 1112, § 2, effective July 1. L. 2021: (1.5) repealed and (2) amended, (HB 21-1315), ch. 461, pp. 3114, 3120, §§ 21, 33, effective July 6. L. 2024: (1.3) added, (HB 24-1013), ch. 43, p. 154, § 3, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 964, § 13, effective May 15.
Editor's note: Amendments to this section by HB 24-1013 and SB 24-120 were harmonized.
Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
24-4.1-117.3. Crime victim services advisory board - creation - duties. (1) There is created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the advisory board. The advisory board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of criminal justice in the department of public safety and the executive director of the department of public safety, referred to in this section as the executive director.
(2) (a) The advisory board consists of at least seventeen members appointed by the executive director, including but not limited to:
(I) A judge;
(II) An elected district attorney, the assistant district attorney, or a chief deputy district attorney;
(III) A member of a crime victim compensation board created in section 24-4.1-103;
(IV) A member of a local victims and witnesses assistance and law enforcement board created in section 24-4.2-101;
(V) An administrator of crime victim compensation from a district attorney's office;
(VI) An administrator of victims and witnesses assistance from a district attorney's office;
(VII) A representative of a statewide victims' organization;
(VIII) A court executive or judicial district representative;
(IX) A representative of a domestic violence program;
(X) A representative of a sexual assault program;
(XI) A sheriff or sheriff's representative;
(XII) A police chief or police representative;
(XIII) A deputy district attorney;
(XIV) A victim of a crime of violence; and
(XV) Three members of the community at large.
(b) The executive director may consider geographic diversity when making appointments to the advisory board.
(c) The term of office for each member of the advisory board is three years. A member shall not serve more than three consecutive three-year terms. A member of the advisory board on May 19, 2022, who has served more than three consecutive terms may serve the remainder of the member's current term, but shall not serve a consecutive subsequent term.
(d) Members of the advisory board shall serve at the pleasure of the executive director or until the member no longer serves in the position for which he or she was appointed to the advisory board, at which time a vacancy shall be deemed to exist on the advisory board. If a vacancy arises on the advisory board, the executive director shall appoint an appropriate person to serve for the remainder of the unexpired term.
(e) The executive director may reappoint a person to serve subsequent terms on the advisory board, but the executive director shall not appoint a person to serve more than three consecutive terms. The executive director shall annually appoint a chairperson of the advisory board who shall preside over the advisory board's meetings.
(f) Members of the advisory board shall serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties.
(3) The advisory board's powers and duties include, but are not limited to, the following:
(a) To develop and revise, when necessary, standards for the administration of the crime victim compensation fund established in section 24-4.1-117 in each judicial district and the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 in each judicial district, and to develop, revise when necessary, and impose sanctions for violating these standards;
(a.5) Repealed.
(b) To review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article;
(c) To distribute profits from crime pursuant to section 24-4.1-201;
(d) To advise and make recommendations to the division of criminal justice in the department of public safety concerning the award of grants pursuant to sections 24-33.5-506 and 24-33.5-507; and
(e) To establish subcommittees of the advisory board from within the membership of the advisory board, which subcommittees shall include, but need not be limited to:
(I) A standards subcommittee that shall make recommendations to the advisory board concerning the development and revision, when necessary, of standards and sanctions for the violation of standards to assist the advisory board in implementing paragraph (a) of this subsection (3); and
(II) A victim rights subcommittee that shall review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article to assist the advisory board in implementing paragraph (b) of this subsection (3);
(f) To review any reports of noncompliance with section 13-10-104.5.
(4) The advisory board shall not release to the public any records submitted to or generated by the advisory board or a subcommittee of the advisory board for the purposes of the advisory board's or the subcommittee's review, pursuant to paragraph (b) of subsection (3) of this section, of a report of noncompliance with this article until the report of noncompliance has been reviewed and resolved by the advisory board. The advisory board shall redact all victim-identifying information from any document released to the public.
Source: L. 2009: Entire section added, (SB 09-047), ch. 129, p. 553, § 1, effective July 1. L. 2022: (2)(c) and (2)(e) amended, (SB22-183), ch.194, p. 1304, § 9, effective May 19; (1) amended, (SB 22-162), ch. 469, p. 3426, § 208, effective August 10. L. 2023: IP(3) amended and (3)(f) added, (HB 23-1222), ch. 267, p. 1587, § 3, effective January 1, 2024. L. 2024: (3)(a.5) added, (HB 24-1013), ch. 43, p. 154, § 4, effective April 4; IP(2)(a) and (2)(a)(VIII) amended, (SB 24-120), ch. 177, p. 965, § 14, effective May 15.
Editor's note: Subsection (3)(a.5)(II) provided for the repeal of subsection (3)(a.5), effective July 1, 2025. (See L. 2024, p. 154.)
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-4.1-117.5. Standards for administration of funds - sanctions. (Repealed)
Source: L. 90: Entire section added, p. 1180, § 3, effective July 1. L. 93: Entire section amended, p. 2051, § 2, effective June 9. L. 95: (2)(b)(I) amended, p. 1401, § 3, effective July 1. L. 2009: Entire section repealed, (SB 09-047), ch. 129, p. 558, § 10, effective July 1.
24-4.1-117.7. State crime victims compensation program - creation - appropriation. There is created in the division of criminal justice in the department of public safety the state victim compensation program. The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the compensation of victims pursuant to this part 1 that also conforms with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety shall distribute the money appropriated pursuant to this section based on need.
Source: L. 2021: Entire section added, (SB 21-292), ch. 291, p. 1721, § 4, effective June 22.
Cross references: For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.
24-4.1-118. Court executive custodian of fund - disbursements. (1) The court executive of each judicial district is the custodian of the fund, and the court executive shall pay all disbursements from the fund upon written authorization of the board or the court.
(2) Repealed.
Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 2024: Entire section amended, (HB 24-1013), ch. 43, p. 154, § 5, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 965, § 15, effective May 15.
Editor's note: (1) House Bill 24-1013 was harmonized in part with and superseded in part by Senate Bill 24-120.
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2025. (See L. 2024, pp. 154, 965.)
24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses. (1) (a) Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these costs to the clerk of the court. Each clerk shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(b) The costs required by subsection (1)(a) of this section shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 42-4-1701 or to any violations of articles 1 to 15 of title 33.
(c) A cost of thirty-three dollars is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102 of a violation of section 42-4-1301 (1) or (2). The defendant shall pay this cost to the clerk of the court, who shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(d) and (e) Repealed.
(f) (I) A surcharge is levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701. The amount of the surcharge is one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4) or, if no surcharge amount is specified, the surcharge is calculated as thirty-seven percent of the penalty imposed. All money collected by the department of revenue pursuant to this subsection (1)(f) must be transmitted to the court executive of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district in accordance with the requirements set forth in section 42-1-217.
(II) All calculated surcharge amounts pursuant to this subsection (1)(f) resulting in dollars and cents must be rounded down to the nearest whole dollar.
(III) The surcharges levied pursuant to this subsection (1)(f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.
(g) (I) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court executive of the judicial department in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(II) The surcharges levied pursuant to this subsection (1)(g) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.
(h) A cost of thirty-three dollars is levied on each criminal action that results with placement in an alternative sentencing program pursuant to section 18-1.3-101. This cost is paid to the alternative sentencing program and then transmitted to the court executive of the judicial district where the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.
(2) For purposes of determining the order of priority for payments required of a defendant pursuant to section 18-1.3-204 (2.5) the payments to the victim compensation fund required under this part 1 are the first obligation of the defendant.
(3) The provisions of sections 18-1.3-701 and 18-1.3-702 are applicable as to the collection of costs levied pursuant to this part 1.
Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96: (1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. L. 2021: (1)(a) amended and (1)(d) repealed, (HB 21-1315), ch. 461, p. 3108, § 6, effective July 6; (1)(d) amended, (SB 21-059), ch. 136, p. 742, § 107, effective October 1. L. 2022: (1)(g) added, (HB 22-1229), ch. 68, p. 345, § 28, effective March 1. L. 2024: (1)(a), (1)(b), (1)(c), (1)(f), (1)(g)(I), (2), and (3) amended and (1)(h) added, (SB 24-120), ch. 177, p. 965, § 16, effective May 15.
Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.
(2) Subsection (1)(d) was amended in SB 21-059, effective October 1, 2021. However, those amendments were superseded by the repeal of subsection (1)(d) in HB 21-1315, effective July 6, 2021.
(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding subsection (1)(g) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.
(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
24-4.1-120. Effective dates of provisions of this article. Sections 24-4.1-117 to 24-4.1-120 originally took effect July 1, 1981. Sections 24-4.1-101 to 24-4.1-116 originally took effect July 1, 1982.
Source: L. 81: Entire article added, p. 1140, § 5, effective July 1.
24-4.1-121. Repeal. (Repealed)
Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 85: Entire section repealed, p. 794, § 7, effective April 11.
24-4.1-122. Reports. On or before October 1, 1985, and on or before each October 1 thereafter, the court executive of each judicial district shall report to the state court administrator the amount of money collected by the judicial district in the prior fiscal year and the amount of money distributed to crime victims in the prior fiscal year by the board.
Source: L. 85: Entire section added, p. 793, § 6, effective April 11. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 966, § 17, effective May 15.
24-4.1-123. When redistribution of moneys required. (Repealed)
Source: L. 85: Entire section added, p. 793, § 6, effective April 11. L. 2002: Entire section repealed, p. 48, § 1, effective March 21.
24-4.1-124. State crime victim compensation fund - creation - allocation of moneys. (Repealed)
Source: L. 85: Entire section added, p. 794, § 6, effective April 11. L. 98: (2) amended, p. 518, § 5, effective April 30. L. 2002: Entire section repealed, p. 48, § 2, effective March 21.
PART 2
COMPENSATION FROM BENEFITS OF CRIME
24-4.1-200.3. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Board means the crime victim services advisory board created in section 24-4.1-117.3 (1).
(2) Profits from the crime means:
(a) Any property obtained through or income generated from the commission of the crime of which the defendant was convicted;
(b) Any property obtained by or income generated from the sale, conversion, or exchange of proceeds of the crime of which the defendant was convicted, including any gain realized by such sale, conversion, or exchange; and
(c) Any property that the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.
(3) Victim means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan or, if such person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, significant other, or other lawful representative. For purposes of this part 2, any person under the age of eighteen years is considered incapacitated unless that person is emancipated.
Source: L. 2025: Entire section added with relocations, (SB 25-275), ch. 377, p. 2058, § 131, effective August 6.
Editor's note: Subsections (2) and (3) are similar to former § 24-4.1-201 (1.5)(a) and (1.3), respectively, as they existed prior to 2025.
24-4.1-201. Distribution of profits from crime - escrow account - civil suit by victim. (1) The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism whereby any profits from a crime that are received by the person convicted of the crime are available as restitution to the victims of the crime.
(1.3) Repealed.
(1.5) (a) Repealed.
(b) (I) Any person who contracts with a person convicted of a crime in this state, or such person's representative or assignee, for payment of any profits from the crime of which such person is convicted shall pay to the board any money that would otherwise, by terms of the contract, be paid to the convicted person or such person's representatives or assignees. The board shall distribute the money as described in subsection (1.5)(b.5) of this section.
(II) Any person or any person's agent or other legal representative who contracts with a convicted person, or the convicted person's representative or assignee, in the manner described in subparagraph (I) of this paragraph (b), shall:
(A) Submit a copy of the contract or a summary of the terms of an oral agreement to the board;
(B) Pay over to the board any moneys or consideration not subject to an order of restitution and that by the terms of the contract would be otherwise owing to the convicted person or owing to a representative or assignee of the convicted person.
(b.5) If there is a court order of restitution in the criminal case resulting from the crime that remains unpaid, any money received under paragraph (b) of this subsection (1.5) must first be applied to that order of restitution. If there is no outstanding balance from an order of restitution or there remains additional money, and all victims are identified and can be located, the money received or the remaining portion must be apportioned pro rata to the identified victims. For purposes of this section, victim has the same meaning as in section 24-4.1-302 (5). If all victims are not known or cannot be located, the board shall deposit the remaining money in an escrow account for the benefit of the victims.
(c) Upon the establishment of an escrow account, any person who is a victim of the crime from which a convicted person receives profits under paragraph (b) of this subsection (1.5) may, within three years of establishment of the escrow account, enforce any judgment entered against the convicted person against the money on deposit in the escrow account. If no judgment has been entered, the victim may bring a civil action in a court of competent jurisdiction to recover a judgment against the convicted person or such person's representatives or designees. After all filed claims are established, the board shall distribute the money in the escrow account to satisfy the claims, or such fraction of each claim as can be fulfilled by the available money.
(d) (I) Upon establishing an escrow account pursuant to paragraph (b) of this subsection (1.5), the board shall notify any victims of the crime of which the person was convicted at such victims' last-known addresses of the establishment of the escrow account.
(II) Unless all victims have been identified and can be located, the board shall publish at least once annually from the date of the establishment of the escrow account, a notice of the escrow account's establishment in a newspaper having general circulation throughout the county in which the crime was committed. The expenses of notification shall be paid from the amount received in the escrow account. The board, in its discretion, may provide for such additional notice as it deems necessary.
(III) The notice required under subparagraphs (I) and (II) of this paragraph (d) shall specify the existence of the escrow account, the amount on deposit, and the victim's right to execute an order of restitution or bring a civil action to recover against the moneys in the escrow account within three years after the date the escrow account is established.
(e) (I) Any person who knowingly fails to comply with any requirement of subparagraph (II) of paragraph (b) of this subsection (1.5) shall be liable for a civil penalty of not less than ten thousand dollars nor more than three times the contract amount.
(II) If two or more persons are adjudged liable for the civil penalty imposed, such persons shall be jointly and severally liable.
(III) After notice and opportunity to be heard is provided, the court, by order of judgment, may assess the penalty described in this paragraph (e). All moneys received from the payment of these penalties shall be paid over to the board.
(IV) In any action or proceeding brought to enforce the contract provisions of this subsection (1.5), the court shall have jurisdiction to grant the attorney general, without bond or other undertaking, any injunctive relief necessary to prevent any payment under a contract that is prohibited under this subsection (1.5).
(1.7) For purposes of this section, person means any natural person, firm, corporation, partnership, association, or other legal entity.
(2) If funds remain in the escrow account after payment of a money judgment pursuant to subsection (1) of this section and if no civil actions are pending under this section after three years from the establishment of an escrow account, the board shall notify the department of corrections of the existence of such escrow account. The department of corrections shall certify to the board a statement of the costs of maintenance of the person in the state correctional institution or institutions at which the person was incarcerated. A statement of the cost of maintenance shall be submitted annually for payment to the department of corrections by the board until such time as the person is released from custody of the state. No such payment shall be made upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account.
(3) Upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account or upon a showing by the defendant that three years have elapsed from the establishment of an escrow account and that no civil actions are pending against him or her under this section, the board shall immediately pay any money in the escrow account to the defendant except for funds paid to the department of corrections and anticipated as necessary for future payment to the department of corrections as set forth in subsection (2) of this section.
(4) If an escrow account is established under this section, no otherwise applicable statute of limitations on the time within which civil action may be brought bars action by a victim of a crime committed by the person accused or convicted of the crime, as to a claim resulting from the crime, until three years have elapsed from the time the escrow account was established.
(4.5) The escrow account shall be established for a period of three years. If an action is filed by a victim to recover the victim's interest in the escrow account within such three-year period, the escrow account shall continue until the conclusion of such action.
(5) The board shall make payments from an escrow account to the accused upon an order of the court after a showing by the accused that:
(a) The money will be used for the exclusive purpose of retaining legal representation at any stage of the civil or criminal proceedings against him, including the appeals process; and
(b) He has insufficient assets, other than funds in the escrow account and assets which could be claimed as exempt from execution under state law, to provide for payment of the expenses of legal representation.
(6) The attorney general, at the request of the board, shall bring an action to cause profits from the crime to be paid over and held in an escrow account established by the board.
Source: L. 84: Entire part added, p. 652, § 2, effective May 14. L. 88: (1) amended, p. 890, § 1, effective July 1. L. 94: (1) amended and (1.5) added, p. 1050, § 7, effective July 1. L. 2000: (1.3), (1.5)(e), (1.7), (4.5), and (6) added and (1.5)(b), (1.5)(d), (2), and (3) amended, pp. 239, 238, §§ 2, 1, effective March 29. L. 2009: (1.5)(b)(I) and (1.5)(e)(III) amended, (SB 09-047), ch. 129, p. 556, § 5, effective July 1. L. 2015: (1.5)(b)(I), (1.5)(c), (1.5)(d)(II), (1.5)(d)(III), (2), (3), (4), and (4.5) amended and (1.5)(b.5) added, (HB 15-1070), ch. 43, p. 106, § 1, effective March 20. L. 2025: (1.3) and (1.5)(a) repealed and (1.5)(b)(I) amended, (SB 25-275), ch. 377, pp. 2109, 2059, §§ 336 and 132, effective August 6.
Editor's note: Subsections (1.3) and (1.5)(a) were relocated to § 24-4.1-200.3 (3) and (2), respectively, in 2025.
24-4.1-202. Notification of board. It shall be the duty of the victim, the victim's attorney, or the victim's representative to notify the board within thirty days of the filing of any compensable claim under section 24-4.1-201.
Source: L. 84: Entire part added, p. 653, § 2, effective May 14.
24-4.1-203. More than one claim. If more than one claim is filed against the moneys in escrow pursuant to section 24-4.1-201, the board shall disburse payments from the escrow account on a pro rata basis of all judgments obtained, according to the amount of money in the escrow account as compared to the amount of each claim. No compensation shall be disbursed until all pending claims have been settled or reduced to judgment.
Source: L. 84: Entire part added, p. 653, § 2, effective May 14.
24-4.1-204. Actions null and void. Any action taken by a person who is accused or convicted of a crime or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities, or any other action, to defeat the purpose of this part 2 shall be null and void as against the public policy of this state.
Source: L. 84: Entire part added, p. 653, § 2, effective May 14.
24-4.1-205. Interest on moneys in the account. Interest earned on the moneys deposited in the escrow account pursuant to section 24-4.1-201 shall accrue to the benefit of the payee of the account.
Source: L. 84: Entire part added, p. 654, § 2, effective May 14.
24-4.1-206. Annual reports of funds. No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of such report and offer to provide each member with a copy of the report.
Source: L. 84: Entire part added, p. 654, § 2, effective May 14. L. 99: Entire section amended, p. 686, § 2, effective August 4.
24-4.1-207. Applicability. This part 2 shall apply to offenses committed on or after January 1, 1985.
Source: L. 84: Entire part added, p. 654, § 2, effective May 14.
PART 3
GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS
OF AND WITNESSES TO CRIMES
Cross references: For constitutional provisions relating to the rights of crime victims, see section 16a of article II of the Colorado constitution.
Law reviews: For article, Adult Parole in Colorado: An Overview, see 44 Colo. Law. 37 (May 2015).
24-4.1-300.1. Short title. The short title of this part 3 is the Victim Rights Act.
Source: L. 2022: Entire section added, (SB 22-049), ch. 152, p. 969, § 1, effective May 6.
24-4.1-301. Legislative declaration. The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the criminal justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants.
Source: L. 84: Entire part added, p. 654, § 3, effective May 14.
24-4.1-302. Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:
(1) Crime means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:
(a) Murder in the first degree, in violation of section 18-3-102, C.R.S.;
(b) Murder in the second degree, in violation of section 18-3-103, C.R.S.;
(c) Manslaughter, in violation of section 18-3-104, C.R.S.;
(d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;
(e) Vehicular homicide, in violation of section 18-3-106, C.R.S.;
(f) Assault in the first degree, in violation of section 18-3-202, C.R.S.;
(g) Assault in the second degree, in violation of section 18-3-203, C.R.S.;
(h) Assault in the third degree, in violation of section 18-3-204, C.R.S.;
(i) Vehicular assault, in violation of section 18-3-205, C.R.S.;
(j) Menacing, in violation of section 18-3-206, C.R.S.;
(k) (Deleted by amendment, L. 95, p. 1256, § 22, effective July 1, 1995.)
(l) First degree kidnapping, in violation of section 18-3-301, C.R.S.;
(m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.;
(n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(o) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
(p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(r) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
(s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(s.3) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.;
(t) Robbery, in violation of section 18-4-301, C.R.S.;
(u) Aggravated robbery, in violation of section 18-4-302, C.R.S.;
(v) Aggravated robbery of controlled substances, in violation of section 18-4-303, as it existed prior to October 1, 2023;
(w) Repealed.
(x) Incest, in violation of section 18-6-301, C.R.S.;
(y) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(z) Child abuse, in violation of section 18-6-401, C.R.S.;
(aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(bb) Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.;
(bb.3) Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(bb.7) An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(cc) Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;
(cc.1) (I) Stalking, in violation of section 18-3-602, C.R.S.;
(II) Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to August 11, 2010;
(cc.2) Harassment in violation of section 18-9-111 (1)(i);
(cc.3) A bias-motivated crime, in violation of section 18-9-121, C.R.S.;
(cc.4) Harassment that is bias-motivated, in violation of section 18-9-111 (2);
(cc.5) Careless driving, in violation of section 42-4-1402 (2)(c), that results in the serious bodily injury or death of another person;
(cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person;
(cc.7) False reporting of an emergency in violation of section 18-8-111 that is a bias-motivated crime as described in section 18-9-121 (2);
(dd) Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1);
(ee) Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.;
(ee.3) Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.;
(ee.7) Aggravated intimidation of a witness or a victim, in violation of section 18-8-705, C.R.S.;
(ff) Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.;
(gg) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(hh) Violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault in violation of section 18-3-402, sexual assault on a child in violation of section 18-3-405, sexual assault on a child by one in a position of trust in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist in violation of section 18-3-405.5, or stalking in violation of section 18-3-602;
(ii) Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.;
(jj) First degree burglary, in violation of section 18-4-202, C.R.S.;
(jj.5) Second degree burglary of a dwelling, in violation of section 18-4-203 (2)(b)(I);
(kk) Retaliation against a judge or elected official, in violation of section 18-8-615; retaliation against a prosecutor, in violation of section 18-8-616; or retaliation against a juror, in violation of section 18-8-706.5;
(ll) Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
(mm) Disclosing a private intimate image or intimate digital depiction for harassment in violation of section 18-7-107 or disclosing a private intimate image or intimate digital depiction for pecuniary gain in violation of section 18-7-108;
(nn) First degree arson, in violation of section 18-4-102;
(oo) Criminal invasion of privacy, in violation of section 18-7-801.
(1.2) Cold case means a felony crime reported to law enforcement that has remained unsolved for over one year after the crime was initially reported to law enforcement and for which the applicable statute of limitations has not expired.
(1.3) Correctional facility means any private or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth services, and the department of corrections.
(1.5) Correctional official means any employee of a correctional facility.
(2) Critical stages means the following stages of the criminal justice process:
(a) The filing of charges against a person accused of a crime;
(a.3) Any hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(a.5) The decision not to file charges against a person accused of a crime;
(a.7) The decision to enter into a diversion agreement pursuant to section 18-1.3-101, or to make a referral to the bridges wraparound care program pursuant to section 16-8.6-108;
(b) The preliminary hearing;
(c) (I) Any court action involving a bond reduction or modification at which the following occurs:
(A) A bond is set lower than the scheduled or customary amount for the specific charge, including any adjustments made by the court to the amount of bond to correspond to the specific charge to which the defendant pled guilty or for which the defendant was convicted, if the adjusted bond is lower than the scheduled or customary amount for the specific charge;
(B) A change in the type of bond;
(C) A modification to a condition of the bond;
(D) A defendant is permitted to appear without posting a bond;
(E) In a case involving a capital offense, the court grants the defendant's motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or
(F) For jurisdictions that do not have a bond schedule or customary amount for bond, a bond is modified to a lower amount than that set at the initial bond hearing.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), the following shall not constitute a bond reduction or modification:
(A) The initial setting of a bond, whether set by the court at the first appearance or by another entity authorized to do so by the court prior to the first appearance;
(B) The setting of a new bond upon the filing of charges by the district attorney, so long as the bond is set at or above the scheduled or customary amount for the specific charge filed; and
(C) For nonbailable offenses pursuant to section 16-4-101, C.R.S., the subsequent setting of a bond by the court.
(d) The arraignment of a person accused of a crime;
(e) Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief;
(e.5) Any subpoena or application for records concerning the victim's medical history; mental health; education; victim's compensation; or records that are privileged pursuant to section 13-90-107;
(f) Any disposition of the complaint or charges against the person accused;
(g) The trial;
(h) Any sentencing or resentencing hearing;
(i) Any appellate review or appellate decision;
(j) Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the Colorado rules of criminal procedure or any other provision of state or federal law;
(j.5) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 and as outlined in section 24-4.1-303 (13.5)(a);
(k) Any probation revocation hearing;
(k.3) The filing of any complaint, summons, or warrant filed by the probation department;
(k.5) The change of venue or transfer of probation supervision from one jurisdiction to another;
(k.7) The request for any release from probation supervision prior to the expiration of the defendant's sentence;
(l) An attack on a judgment or conviction for which a court hearing is set;
(m) Any parole application hearing and full parole board review hearing;
(n) The parole, release, or discharge from imprisonment of a person convicted of a crime;
(o) Any parole revocation hearing;
(p) The transfer to or placement of a person convicted of a crime in a nonsecured facility;
(q) The transfer, release, or escape of a person charged with or convicted of a crime from any state hospital;
(r) Any petition or motion to terminate sex offender registration filed pursuant to section 16-22-113;
(r.3) (I) Except as provided in subsection (2)(r.3)(II) of this section, any hearing concerning a petition for expungement as described in section 19-1-306.
(II) The entry of an order of expungement is not a critical stage if:
(A) The case resulted in a not guilty verdict at trial;
(B) The case was dismissed in its entirety;
(C) The juvenile completed a sentence for a petty offense, any drug petty offense, any level 1 or level 2 drug misdemeanor, or a class 2 or class 3 misdemeanor offense not involving unlawful sexual behavior as defined in section 16-22-109 (9), domestic violence as described in section 18-6-800.3, or a crime that is a crime listed under section 24-4.1-302 (1); or
(D) The juvenile completed a sentence for a municipal offense not involving domestic violence as described in section 18-6-800.3.
(s) The execution of an offender in a capital case;
(t) A hearing held pursuant to section 18-1-414 (2)(b), C.R.S.;
(u) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing pursuant to section 18-1-413, the results of any such postconviction DNA testing, and court proceedings initiated based on the result of the postconviction DNA testing. An inmate's written or oral request for such testing is not a critical stage.
(u.5) A hearing held pursuant to section 18-1-416 (1.5);
(v) A hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710;
(w) A hearing held pursuant to section 24-31-902 (2)(c);
(x) A hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5;
(y) A petition for modification of sentence filed pursuant to section 18-1.3-406 (1)(b) and any associated hearing;
(z) A petition for modification of sentence filed pursuant to section 18-1.3-801 (6) and any associated hearing.
(3) Lawful representative means any person who is designated by the victim or appointed by the court to act in the best interests of the victim.
(3.5) Modification of sentence means an action taken by the court to modify the length, terms, or conditions of an offender's sentence pursuant to rule 35 (a) or (b) of the Colorado rules of criminal procedure; a resentencing following a probation revocation hearing; or a request for early termination of probation. As used in this subsection (3.5), action taken by the court includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing.
(4) Significant other means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married.
(5) Victim means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term victim shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term victim.
(6) Victim's immediate family means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim.
(7) Witness means any natural person:
(a) Having knowledge of the existence or nonexistence of facts relating to any crime;
(b) Whose declaration under oath is received or has been received as evidence for any purpose;
(c) Who has reported any crime to any peace officer, correctional officer, or judicial officer;
(d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or
(e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (7).
Source: L. 84: Entire part added, p. 654, § 3, effective May 14. L. 87: (2) amended, p. 1581, § 35, effective July 10. L. 92: Entire section amended, p. 415, § 2, effective January 14, 1993. L. 93: (1)(k) and (1)(w) amended, p. 1653, § 53, effective July 1. L. 95: (1)(w) repealed, p. 1110, § 64, effective May 31; IP(1), (1)(bb), (1)(cc), (2)(c), (2)(e), (2)(l), and (5) amended and (1)(dd) added, p. 1402, § 4, effective July 1; (1)(k) and (1)(bb) amended, p. 1256, § 22, effective July 1. L. 97: (1)(cc) and (1)(dd) amended and (1)(cc.1), (1)(cc.3), (1)(cc.5), (1)(cc.6), (2)(k.3), (2)(k.5), and (2)(k.7) added, pp. 1560, 1561, §§ 4, 5, effective July 1. L. 99: (1)(cc.1) amended, p. 794, § 2, effective July 1. L. 2000: (1)(cc.6) amended and (1)(ee), (1)(ff), (1.3), and (1.5) added, pp. 241, 240, §§ 4, 3, effective March 29; (1)(n), (1)(o), and (1)(p) amended, p. 707, § 34, effective July 1. L. 2005: (1)(cc.3) amended, p. 1501, § 6, effective July 1. L. 2006: IP(1), (1)(ee), (2)(k.5), (2)(k.7), and (2)(p) amended and (1)(bb.3), (1)(bb.7), (1)(ee.3), (1)(ee.7), (1)(gg), (1)(hh), (1.2), (2)(a.5), (2)(e.5), (2)(r), and (2)(s) added, pp. 643, 644, §§ 1, 2, 3, effective July 1. L. 2007: (2)(l) amended, p. 839, § 1, effective May 14. L. 2008: (2)(c) amended, p. 325, § 1, effective April 7; (2)(r) and (2)(s) amended and (2)(t) added, p. 1513, § 3, effective May 28. L. 2010: (1)(cc.1) amended, (HB 10-1233), ch. 88, p. 296, § 7, effective August 11. L. 2011: (1)(s.3) added, (HB 11-1303), ch. 264, p. 1164, § 55, effective July 1, 2012. L. 2012: (1)(gg), (2)(s), (2)(t), and (5) amended and (1)(ii), (1)(jj), (1)(kk), (2)(u), and (3.5) added, (HB 12-1053), ch. 244, p. 1151, § 1, effective August 8. L. 2013: (2)(a.7) added, (HB 13-1156), ch. 336, p. 1958, § 7, effective August 7; (2)(r.3) added, (HB 13-1082), ch. 238, p. 1157, § 2, effective August 7. L. 2014: (1)(ii) amended, (HB 14-1273), ch. 282, pp. 1157, 1158, §§ 23, 26, effective July 1; (1)(ii), (1)(jj), (2)(j), and (5) amended and (1)(ll) and (2)(j.5) added, (HB 14-1148), ch. 95, p. 347, § 1, effective August 6. L. 2015: (1)(kk) amended, (HB 15-1229), ch. 239, p. 885, § 3, effective May 29. L. 2016: (2)(h) amended, (SB 16-181), ch. 353, p. 1452, § 6, effective June 10. L. 2017: (1.3) amended, (HB 17-1329), ch. 381, p. 1981, § 52, effective June 6; (1)(cc.6), (1)(hh), (2)(j.5), (2)(m), and (3.5) amended and (1)(mm) added, (SB 17-051), ch. 155, p. 527, § 1, effective August 9; (2)(r.3) amended, (HB 17-1204), ch. 206, p. 784, § 6, effective November 1. L. 2019: (2)(t) amended and (2)(v) added, (HB 19-1275), ch. 295, p. 2747, § 4, effective August 2. L. 2020: (2)(w) added, (SB 20-217), ch. 110, p. 457, § 11, effective June 19. L. 2021: (1)(cc.4) added, (SB 21-280), ch. 372 p. 2465, § 3, effective June 28; (1)(kk) amended, (SB 21-064), ch. 190, p. 1008, § 2, effective July 1; (2)(r) amended, (HB 21-1064), ch. 320, p. 1969, § 10, effective September 1; (2)(v) amended, (HB 21-1214), ch. 455, p. 3036, § 8, effective September 7; (2)(j.5) amended, (SB 21-059), ch. 136, p. 742, § 108, effective October 1; (1)(jj.5) added, (SB 21-271), ch. 462, p. 3223, § 403, effective March 1, 2022. L. 2022: (1)(nn) and (1)(oo) added and (2)(e.5) and (2)(k.3) amended, (SB 22-049), ch. 152, p. 969, § 2, effective May 6. L. 2023: (1)(cc.7) added, (SB 23-249), ch. 418, p. 2470, § 4, effective June 7; (2)(y) and (2)(z) added, (HB 23-1292), ch. 297, p. 1781, § 3, effective July 1; (2)(a.3) added, (SB 23-075), ch. 242, p. 1300, § 2, effective August 7; (2)(x) added, (HB 23-1187), ch. 246, p. 1347, § 9, effective August 7; (1)(v) amended, (HB 23-1293), ch. 298, p. 1796, § 61, effective October 1; (2)(u) amended and (2)(u.5) added, (HB 23-1034), ch. 15, p. 47, § 7, effective October 1. L. 2024: (2)(a.7) amended, (HB 24-1355), ch. 471, p. 3315, § 15, effective August 7. L. 2025: (1)(cc.5) amended, (SB 25-281), ch. 346, p. 1871, § 2, effective June 2; (1)(cc.2) added, (HB 25-1290), ch. 353, p. 1909, § 3, effective August 6; (1)(jj.5) amended, (SB 25-300), ch. 428, p. 2448, § 27, effective August 6; (1)(mm) amended, (SB 25-288), ch. 339, p. 1837, § 7, effective August 6.
Editor's note: (1) Amendments to subsection (1)(bb) by House Bill 95-1070 and House Bill 95-1346 were harmonized.
(2) Section 3 of chapter 346 (SB 25-281), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after June 2, 2025.
(3) Section 9(2) of chapter 339 (SB 25-288), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after August 6, 2025.
Cross references: For the legislative declaration contained in the 2008 act amending subsections (2)(r) and (2)(s) and enacting subsection (2)(t), see section 1 of chapter 322, Session Laws of Colorado 2008. For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-4.1-302.5. Rights afforded to victims - definitions. (1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:
(a) The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process;
(b) The right to be informed of and be present by appearing in person, by phone, virtually by audio or video, or similar technology for all critical stages of the criminal justice process as specified in section 24-4.1-302 (2); except that the victim shall have the right to be informed of, without being present for, the critical stages described in section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p), (2)(q), (2)(r), and (2)(u);
(b.4) The right to be informed, pursuant to section 16-12-307, of wrongful action by a crime laboratory employee in a case involving a crime listed in section 24-4.1-302 (1).
(b.5) Repealed.
(b.6) For a victim of an offense resulting in a juvenile felony adjudication, the right to be informed of the filing of any petition or motion to legally possess, use, or carry a firearm or other weapon pursuant to section 18-12-108 (3)(b);
(b.7) For a victim of a sex offense, the right to be informed of the filing of any petition or motion filed to terminate sex offender registration pursuant to section 16-22-103 (5) or 16-22-113 (2) and (2.5);
(b.8) For a victim who has had forensic medical evidence collected pursuant to section 12-240-139 (1)(b) that has not resulted in a conviction or plea of guilty, the right to be notified by the law enforcement agency with jurisdiction for the case of the status and location of the victim's forensic medical evidence including:
(I) The right to be notified that the forensic medical evidence has been submitted to an accredited crime lab for testing as required by the rules promulgated pursuant to section 24-33.5-113;
(II) The right to be notified when the law enforcement agency has received the results of the medical forensic evidence DNA analysis from the accredited crime laboratory;
(II.5) Notwithstanding subsection (1)(b.8)(II) of this section, the right to be notified every ninety days by the law enforcement agency when the law enforcement agency has not yet received the results of the medical forensic evidence DNA analysis from the accredited crime laboratory. A law enforcement agency complies with this subsection (1)(b.8)(II.5) by notifying all victims required to be notified at the same time during the first week of each of March, June, September, and December.
(III) The right to be informed of whether a DNA sample was obtained from the analysis and whether or not there are matches to DNA profiles in state or federal databases;
(IV) The right to be informed at least sixty days prior to the destruction of forensic medical evidence collected in connection with the alleged sex offense;
(V) The right to file, prior to the expiration of the sixty-day period, an objection with the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory that is proposing to destroy the forensic medical evidence;
(VI) The right to be informed of any change in status of the case, including if the case has been closed or reopened; and
(VII) The right to receive a physical document identifying the rights under law after the exam has been completed;
(b.9) The right to receive a free copy of the initial incident report from the investigating law enforcement agency; except that the release of a document associated with the investigation is at the discretion of the law enforcement agency based on the status of the case or security and safety concerns in a correctional facility, local jail, or private contract prison as defined in section 17-1-102. The initial incident report must contain, at a minimum, the victim's name, the offender's name, the date of the crime, the charges, and a summary of the incident so the victim has sufficient detail to help the victim with, including but not limited to, insurance claims, employer intercession, protection orders, and landlord-tenant notification. The law enforcement agency may redact the names of other victims involved in the incident who are not related to the victim requesting the report and any personal identifying information, including but not limited to social security numbers, driver's license numbers, telephone numbers, email addresses, and physical addresses related to parties or witnesses in the case. The investigating law enforcement agency shall notify the district attorney of the information the victim received in the incident report and when it was provided to the victim. The district attorney shall provide this information to any defendant involved in the case through the discovery process.
(c) (I) Except as otherwise provided in subsection (1)(c)(II) of this section:
(A) The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from county jail; and
(B) The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or nonsecure correctional facility or program, absconds from probation or parole, or commits an unauthorized absence as described in section 18-8-208.2 (1).
(II) With respect to the release, discharge, or permanent transfer of a person from a county jail or correctional facility, the provisions of subparagraph (I) of this paragraph (c) shall apply when the person released, discharged, or permanently transferred is no longer within the care and control of the supervising law enforcement or correctional agency. The provisions of subparagraph (I) of this paragraph (c) shall not apply to the temporary transfer of the care and control of a person from a county jail or a correctional facility by the supervising law enforcement or correctional agency to another equally or more secure county jail or correctional facility, so long as the person will return to the care and control of the transferring supervisory agency.
(d) The right to be heard at any court proceeding:
(I) Involving the defendant's bond as specified in section 24-4.1-302 (2)(c). If there is a request to decrease or modify the bond or bond conditions, the court shall set a hearing pursuant to section 16-4-109 (1), and the district attorney shall notify the victim of the hearing.
(I.5) Involving a hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(II) At which the court accepts a plea of nolo contendere;
(III) At which the court accepts a negotiated plea agreement;
(IV) At which a person accused or convicted of a crime against the victim is sentenced or resentenced;
(V) At which the sentence of a person accused or convicted of a crime against the victim is modified;
(VI) At which the defendant requests a modification of the no contact provision of the mandatory criminal protection order pursuant to section 18-1-1001 or 19-2.5-607;
(VII) Involving any application to the court for the issuance of a subpoena for records concerning the victim's medical history, mental health, education, or victim compensation, or any other records that are privileged pursuant to section 13-90-107;
(VIII) Involving a petition for expungement as described in section 19-1-306;
(IX) Involving a hearing as described in section 24-31-902 (2)(c);
(X) Involving a hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710; or
(XI) Involving a hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5.
(d.5) (I) If a victim or a victim's designee is unavailable to be present for the critical stages described in subsection (1)(d) of this section and the victim or the victim's designee wishes to address the court, the right to request that the court, within the court's resources, arrange and provide the means for the victim and the victim's designee to provide input to the court beyond a written victim impact statement, which may include, but need not be limited to, appearing by phone, virtually by video or audio, or similar technology.
(II) For purposes of this paragraph (d.5), unavailable means that the victim or the victim's designee is physically unable to attend the court hearing, may sustain a financial hardship to attend the court hearing, is concerned for his or her safety if he or she attends the court hearing, may suffer significant emotional impact by attending the hearing, or is unavailable for other good cause.
(III) The victim or the victim's designee shall notify the district attorney within a reasonable time that the victim or the victim's designee is unavailable to attend the court hearing. The district attorney's office shall then inform the court that the victim or the victim's designee, due to the victim's or the victim's designee's unavailability, is requesting the court to arrange for and provide the means to address the court, which must include but need not be limited to appearing by phone, virtually by video or audio, or similar technology. The district attorney shall inform the victim or the victim's designee of the available options to appear remotely.
(IV) This subsection (1)(d.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth services in the department of human services, but is limited to participation by telephone or appearing virtually by video or audio, or similar technology.
(e) The right to consult with the prosecution after any crime against the victim has been charged, prior to any prefile or post filing diversion offer, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case. The right to consult with the prosecution must include an explanation to the victim of the possibility that the defendant may not serve the defendant's entire sentence in the department of corrections because the defendant may receive good time credits or earned time while incarcerated;
(e.2) The right to be informed if a district attorney grants early termination to an offender participating in a diversion program and the date of termination from the diversion program;
(f) The right to be informed by local law enforcement agencies, prior to the filing of charges with the court, or by the district attorney, after the filing of charges with the court, of the status of any case concerning a crime against the victim, and any scheduling changes or cancellations, if such changes or cancellations are known in advance;
(g) The right to be present at the sentencing hearing, including any hearing conducted pursuant to section 18-1.3-1201 or 18-1.4-102, C.R.S., for cases involving class 1 felonies, of any person convicted of a crime against such victim, and to inform the district attorney and the court, in writing, by a victim impact statement, and by an oral statement, of the harm that the victim has sustained as a result of the crime, with the determination of whether the victim makes written input or oral input, or both, to be made at the sole discretion of the victim;
(h) The right to have the court determine the amount, if any, of restitution to be paid to a victim pursuant to part 6 of article 1.3 of title 18, C.R.S., by any person convicted of a crime against such victim for the actual pecuniary damages that resulted from the commission of the crime;
(i) The right to be informed of the victim's right to pursue a civil judgment against any person convicted of a crime against the victim for any damages incurred by the victim as a result of the commission of the crime regardless of whether the court has ordered such person to make restitution to the victim;
(i.5) (Deleted by amendment, L. 2006, p. 645, § 4, effective July 1, 2006.)
(j) The right to be informed of any proceeding at which any postconviction release from confinement in a secure state correctional facility is being considered for any person convicted of a crime against the victim and the right to be present by appearing in person, by phone, or virtually by video or audio, or similar technology, and heard at any such proceeding or to provide written information. For purposes of this subsection (1), proceeding means reconsideration of sentence, a parole hearing, a full parole board review, revocation hearing, rescission hearing, commutation of sentence, or consideration for placement in the specialized program developed by the department of corrections pursuant to section 17-34-102.
(j.2) The right to be informed of any request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be present by appearing in person, by phone, or virtually by video or audio, or similar technology, and heard at any hearing during which a court considers such a request. For purposes of this subsection (1)(j.2), request for progression includes any request for off-grounds or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough.
(j.3) The right to be notified of a referral of an offender to community corrections;
(j.5) (I) The right to provide a written victim impact statement that must be included with any referral made by the department of corrections or a district court to place an offender in a community corrections facility or program. A community corrections board may allow a victim to provide an oral statement by appearing in person, by phone, or virtually by video or audio, or similar technology, to the community corrections board when an offender is being considered for a direct sentence to community corrections and may place reasonable limits on the victim's oral statement.
(II) For purposes of this subsection (1)(j.5), the victim shall have the right to provide a separate oral statement by appearing in person, by phone, or virtually by video or audio, or similar technology, to the community corrections board considering a transitional referral, but the board shall have discretion to place reasonable parameters on the victim's oral statement. If a community corrections board denies the offender's referral to community corrections, the victim's right under this subsection (1)(j.5)(II) to provide an oral statement must not take effect.
(III) For purposes of this subsection (1)(j.5), if a victim or a victim's designee is unavailable to be present for a proceeding to consider an offender for a direct sentence or transitional referral to community corrections as described in subsection (1)(j.5)(I) of this section, and the victim or the victim's designee wishes to address the community corrections board, the victim or the victim's designee shall notify the community corrections board within a reasonable time that the victim is unavailable to attend the proceeding but would like to make a statement. Within its resources, the community corrections board shall arrange for and provide the means for the victim to address the board, which means may include, but need not be limited to, appearing in person, by phone, or virtually by audio or video, or similar technology.
(IV) For purposes of this subsection (1)(j.5), unavailable means the victim or the victim's designee is physically unable to attend the proceeding, may sustain a financial hardship to attend the proceeding, is concerned for his or her safety if he or she attends the proceeding, may suffer significant emotional impact by attending the proceeding, or is unavailable for other good cause.
(V) This subsection (1)(j.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth corrections in the department of human services but is limited to participation by appearing in person, by phone, or virtually by audio or video, or similar technology.
(j.7) The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department;
(j.8) The right, upon request, to obtain any incident recording as described in section 24-31-902;
(k) The right to promptly receive any property that belongs to a victim and that is being held by a prosecutorial or law enforcement agency unless there are evidentiary reasons for the retention of such property;
(l) The right to be informed of the availability of financial assistance and community services for victims, the immediate families of victims, and witnesses, which assistance and community services shall include, but shall not be limited to, crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, and financial assistance services, and the right to be informed about the application process for such services;
(l.5) The right to be informed about the possibility of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;
(m) The right to be informed about what steps can be taken by a victim or a witness, including information regarding protection services, in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted person;
(n) The right to be provided with appropriate employer intercession services to encourage the victim's employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from a victim's court appearances or other required meetings with criminal justice officials;
(o) The right to be assured that in any criminal proceeding the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings;
(p) The right to be provided, whenever practicable, with a secure waiting area during court proceedings that does not require a victim or a witness to be seen or to be in close proximity to the person accused or convicted of a crime against the victim or such person's family or friends;
(q) The right to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure public or private correctional facility or program;
(q.5) The right to be informed of the results of a probation or parole revocation hearing;
(r) The right to be informed when a person who is or was charged with or convicted of a crime against the victim escapes or is permanently or conditionally transferred or released from any public hospital, private hospital, or state hospital;
(s) The right to be informed of any rights which the victim has pursuant to the constitution of the United States or the state of Colorado;
(t) The right to be informed of the process for enforcing compliance with this article pursuant to section 24-4.1-303 (17);
(u) The right to be informed of the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S.;
(v) The right to prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, or other locating information of the victim unless the victim consents or the court orders disclosure upon a finding that a reasonable and articulable need for the information exists. Any proceeding conducted by the court concerning whether to order disclosure shall be in camera.
(w) The right to have the district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from a criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, the defense attorney of record, the defense attorney's agent, or a criminal justice agency that has duties under this article;
(x) The right to be notified of how to request protection of their address pursuant to the Colorado rules of criminal procedure;
(y) The right to receive a copy of the victim impact statement form from the district attorney's office;
(z) The right to be notified of a hearing concerning any motion filed for or petition for sealing of records described in section 24-72-706 or 24-72-709 or 24-72-710 filed by a defendant in the criminal case whose crime falls under section 24-4.1-302 (1);
(aa) The right to be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed.
(1.6) The right to be informed of the existence of a criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim, information about provisions that may be added or modified, and the process for requesting such an addition or modification.
(2) Subsection (1) of this section shall not be construed to imply that any victim who is incarcerated by the department of corrections or any local law enforcement agency has a right to be released to attend any hearing or that the department of corrections or the local law enforcement agency has any duty to transport such incarcerated victim to any hearing.
(3) Municipalities and municipal courts shall be encouraged to adopt policies which afford the rights granted to crime victims pursuant to this section to crime victims at the municipal court level, to the extent the adoption of such policies is practicable in the particular municipality.
(4) (a) If a victim contacts a criminal justice agency regarding a crime that occurred before 1993, and the offender who committed the crime is currently serving a sentence for the crime, the victim may request notification of any future critical stages of the criminal proceedings. This provision does not require a criminal justice agency to proactively locate victims of crimes that occurred before 1993.
(b) If an arrest is made for a crime committed before 1993 that was previously unsolved, the appropriate criminal justice agency shall notify the crime victim of all future critical stages.
Source: L. 92: Entire section added, p. 418, § 3, effective January 14, 1993. L. 94: (1)(i.5) added, p. 2042, § 25, effective July 1. L. 95: (1)(b), (1)(c), (1)(e), (1)(h), (1)(i.5), (1)(j), and (1)(p) to (1)(r) amended and (1)(j.5) added, p. 1403, § 5, effective July 1. L. 97: (1)(g) amended, p. 47, § 1, effective March 21; (1)(r) and (1)(s) amended and (1)(t) added, p. 1561, § 6, effective July 1. L. 2000: (1)(d), (1)(q), and (1)(r) amended and (1)(j.7) and (1)(u) added, p. 241, § 5, effective March 29; (1)(h) amended, p. 1051, § 21, effective September 1. L. 2002: (1)(g) amended, p. 1530, § 240, effective October 1. L. 2002, 3rd Ex. Sess.: (1)(g) amended, p. 34, § 31, effective July 12 and (1)(g) amended, p. 34, § 32, effective October 1. L. 2006: (1)(b), (1)(c), (1)(g), (1)(h), (1)(i.5), (1)(j.5), (1)(k), (1)(t), and (1)(u) amended and (1)(b.5), (1)(j.3), and (1)(v) added, p. 645, § 4, effective July 1. L. 2007: (1)(b.5) amended and (1)(b.7) added, pp. 839, 840, §§ 2, 3, effective May 14. L. 2008: (1)(d) amended, p. 326, § 2, effective April 7. L. 2009: (1)(j.5) amended, (HB 09-1181), ch. 76, p. 276, § 1, effective August 5. L. 2011: (1)(l.5) added, (HB 11-1032), ch. 296, p. 1408, § 19, effective August 10. L. 2012: (1)(b), (1)(c)(II), (1)(d)(V), (1)(d)(VI), (1)(j.5)(I), (1)(m), and (1)(u) amended and (1)(d)(VII), (1)(d.5), (1)(w), (1)(x), (1)(y), (1.6), and (4) added, (HB 12-1053), ch. 244, p. 1152, § 2, effective August 8. L. 2013: (1)(b) amended, (HB 13-1156), ch. 336, p. 1958, § 8, effective August 7; (1)(d)(VI) and (1)(d)(VII) amended and (1)(d)(VIII) added, (HB 13-1082), ch. 238, p. 1157, § 3, effective August 7; (1)(l.5) amended, (HB 13-1254), ch. 341, p. 1990, § 11, effective August 7. L. 2014: (1)(b.9) and (1)(z) added and (1)(d.5)(IV) and (4) amended, (HB 14-1148), ch. 95, p. 348, § 2, effective August 6. L. 2015: (1)(z) amended, (SB 15-264), ch. 259, p. 958, § 61, effective August 5. L. 2016: (1)(d)(IV) amended, (SB 16-181), ch. 353, p. 1452, § 7, effective June 10; IP(1) and (1)(u) amended, (SB 16-146), ch. 230, p. 919, § 16, effective July 1; (1)(j) amended, (SB 16-180), ch. 352, p. 1445, § 5, effective August 10. L. 2017: (1)(d.5)(IV) amended, (HB 17-1329), ch. 381, p. 1981, § 53, effective June 6; (1)(j) amended and (1)(j.2), (1)(j.5)(III), (1)(j.5)(IV), (1)(j.5)(V), (1)(q.5), and (1)(aa) added, (SB 17-051), ch. 155, p. 528, § 2, effective August 9; (1)(d)(VIII) amended, (HB 17-1204), ch. 206, p. 785, § 7, effective November 1. L. 2018: (1)(b.7) amended, (SB 18-026), ch. 143, p. 926, § 4, effective August 8. L. 2019: (1)(b.5) repealed and (1)(c)(I), (1)(j), (1)(q), and (1)(r) amended, (HB 19-1064), ch. 296, p. 2750, § 4, effective May 28; (1)(z) amended, (HB 19-1275), ch. 295, p. 2748, § 5, effective August 2. L. 2020: (1)(c)(I)(B) amended, (HB 20-1019), ch. 9, p. 28, § 12, effective March 6; (1)(d)(VII) and (1)(d)(VIII) amended and (1)(d)(IX) and (1)(j.8) added, (SB 20-217), ch. 110, p. 458, § 12, effective June 19. L. 2021: (1)(b.8) added, (HB 21-1143), ch. 191, p. 1012, § 4, effective May 27; (1)(b.7) amended, (HB 21-1064), ch. 320, p. 1970, § 11, effective September 1; (1)(d)(VIII), (1)(d)(IX), and (1)(z) amended and (1)(d)(X) added, (HB 21-1214), ch. 455, p. 3036, § 9, effective September 7; (1)(d)(VI) and (1.6) amended, (SB 21-059), ch. 136, p. 743, § 109, effective October 1. L. 2022: (1)(b.6) added, (HB 22-1257), ch. 69, p. 362, § 12, effective April 7; (1)(b), (1)(b.9), (1)(d)(I), (1)(d)(VII), (1)(d.5)(I), (1)(d.5)(III), (1)(d.5)(IV), (1)(e), (1)(j), (1)(j.2), (1)(j.5)(I), (1)(j.5)(II), (1)(j.5)(III), (1)(j.5)(V), and (1)(z) amended and (1)(e.2) added, (SB 22-049), ch. 152, p. 970, § 3, effective May 6. L. 2023: (1)(d)(I.5) added, (SB 23-075), ch. 242, p. 1300, § 3, effective August 7; (1)(d)(IX) and (1)(d)(X) amended and (1)(d)(XI) added, (HB 23-1187), ch. 246, p. 1347, § 10, effective August 7. L. 2025: (1)(b.10) added, (HB 25-1275), ch. 352, p. 1906, § 2, effective June 2; IP(1)(b.8) amended and (1)(b.8)(II.5) added, (SB 25-304), ch. 414, p. 2352, § 2, effective June 3.
Editor's note: (1) Section 5 of chapter 352 (HB 25-1275), Session Laws of Colorado 2025, provides that the act changing this section applies to claims for relief filed on or after June 2, 2025, that are based on knowing misconduct or a significant event, as defined in the act, that occurred before, on, or after June 2, 2025.
(2) Subsection (1)(b.4) was numbered as (1)(b.10) in HB 25-1275 but was renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(g), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 Third Extraordinary Session act amending subsection (1)(g), see section 16 of chapter 1, Session Laws of Colorado 2002, Third Extraordinary Session. For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016. For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020. For the legislative declaration in SB 21-1143, see section 1 of chapter 191, Session Laws of Colorado 2021.
24-4.1-303. Procedures for ensuring rights of victims of crimes. (1) Law enforcement agencies, prosecutorial agencies, judicial agencies, and correctional agencies shall ensure that victims of crimes are afforded the rights described in section 24-4.1-302.5.
(1.5) If a crime victim is deceased or incapacitated, as defined in section 24-4.1-302 (5), one or more people, as described in section 24-4.1-302 (6), may represent the interests of the victim as the victim's designee and may have the right to be informed, present, or heard at any proceeding pursuant to section 24-4.1-302.5 (1)(d), (1)(j), and (1)(j.5) and subsections (13.5)(a)(III), (13.5)(a)(IV), and (14)(d) of this section.
(2) All correctional officials shall keep confidential the address, telephone number, place of employment, or other personal information of such victim or members of such victim's immediate family.
(3) The district attorney's office, if practicable, shall inform the victim of any pending motion that may substantially delay the prosecution. The district attorney shall inform the court of the victim's position on the motion, if any. If the victim has objected, the court shall state in writing or on the record prior to granting any delay that the objection was considered.
(3.5) The district attorney's office, if practicable, shall inform the victim of any pending motion or decision by the district attorney to sequester the victim from a critical stage in the case. The district attorney shall inform the court of the victim's position on the motion or the district attorney's decision, if any. If the victim has objected, then the court, before granting the sequestration order, shall state in writing or on the record that the victim's objection was considered and state the basis for the court's decision. If a victim is sequestered, the district attorney must undertake best efforts to prioritize the timing of the victim's testimony and minimize the amount of time the victim is sequestered from the critical stages in the case.
(4) After a crime has been charged, or as part of a prefiling or post filing diversion offer, unless inconsistent with the requirements of investigative activities, the district attorney shall consult, if practicable, with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, seeking of death penalty, or other disposition. The district attorney shall explain to the victim the possibility that the defendant may not serve the defendant's entire sentence in the department of corrections because the defendant may receive good time credits or earned time while incarcerated. Failure to comply with this subsection (4) does not invalidate any decision, agreement, or disposition. This subsection (4) must not be construed as a restriction on or delegation of the district attorney's authority under the constitution and laws of this state.
(5) All reasonable attempts shall be made to protect any victim or the victim's immediate family from harm, harassment, intimidation, or retaliation arising from cooperating in the reporting, investigation, and prosecution of a crime. Law enforcement officials and the district attorney shall provide reasonable efforts to minimize contact between the victim and the victim's immediate family and the defendant and the relatives of the defendant before, during, and immediately after a judicial proceeding. Whenever possible, a waiting area shall be provided that is separate in both proximity and sight from that of the defendant, the defendant's relatives, and any defense witnesses.
(6) (a) A victim or an individual designated by the victim may be present at all critical stages of a criminal proceeding regarding any crime against such victim unless the court or the district attorney determines that exclusion of the victim is necessary to protect the defendant's right to a fair trial or the confidentiality of juvenile proceedings. If the victim is present, the court, at the victim's request, may permit the presence of an individual to provide support to the victim.
(b) A victim may be present at the phase of the trial at which the defendant is determined to be guilty or not guilty and may be heard at such phase of the trial if called to testify by the district attorney, defense, or court if any such statement would be relevant.
(c) The court shall make all reasonable efforts to accommodate the victim upon the return of a verdict by the jury. If the court is informed by the district attorney that the victim is en route to the courtroom for the reading of the verdict, the court shall state on the record that it has considered the information provided by the district attorney prior to the return of the verdict by the jury.
(7) When a victim's property is no longer needed for evidentiary reasons, the district attorney or any law enforcement agency shall, upon request of the victim, return such property to the victim within five working days unless the property is contraband or subject to forfeiture proceedings.
(8) An employer may not discharge or discipline any victim or a member of a victim's immediate family for honoring a subpoena to testify in a criminal proceeding or for participating in the preparation of a criminal proceeding.
(9) The district attorney and any law enforcement agency shall inform each victim as to the availability of the following services:
(a) Follow-up support for the victim and the victim's immediate family in order to ensure that the necessary assistance is received by such persons;
(b) Services for child victims and elderly victims, and services for victims who are persons with disabilities, which are directed to the special needs of such victims;
(c) Referral to special counseling facilities and community service agencies by providing the names and telephone numbers of such facilities or agencies, whether public or private, which provide such services as crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, financial assistance, and other support services;
(d) Transportation and household assistance to promote the participation of any victim or the victim's immediate family in the criminal proceedings;
(e) Assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of a crime;
(f) Interpretation services and information printed in languages other than the English language;
(g) Child care services to enable a victim or the victim's immediate family to give testimony or otherwise participate in the prosecution of a criminal proceeding; and
(h) The existence of a criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim, information about provisions that may be added or modified and the process for requesting such an addition or modification.
(10) (a) After the initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give the victim the following information in writing:
(I) A statement of the victim's rights as enumerated in this article;
(II) Information concerning the availability of victim assistance, medical, and emergency services;
(III) Information concerning the availability of compensatory benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;
(IV) The availability of protection for the victim from the person accused of committing a crime against the victim, including protective court orders; and
(V) The right of a victim to request a copy of the law enforcement report and other documents related to the case, including the right to receive a free copy of the initial incident report. The release of any documents associated with the investigation is at the discretion of the law enforcement agency based on the status of the case.
(b) As soon as available, the law enforcement agency shall give to each victim, as appropriate, the following information:
(I) The business address and business telephone number of the office of the district attorney;
(II) The file number of the case and the name, business address, and business telephone number of any law enforcement officer assigned to investigate the case;
(III) Unless such information would be inconsistent with the requirements of the investigation, information as to whether a suspect has been taken into custody and, if known, whether the suspect has been released, any conditions imposed upon such release, and further notification that may be required pursuant to section 24-4.1-302.5 (1)(c);
(IV) Upon request of the victim, the law enforcement agency shall provide the victim in a cold case information concerning any change in the status of the case. In addition, the law enforcement agency shall provide an update at least annually to the victim concerning the status of a cold case involving one or more crimes for which the criminal statute of limitations is longer than three years.
(V) Any final decision not to file misdemeanor charges against a person accused of committing any crime specified in section 24-4.1-302 (1) against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case.
(11) The district attorney shall inform a victim of the following:
(a) The filing of charges against a person accused of committing any of the crimes specified in section 24-4.1-302 (1) against the victim, including an explanation of the charges when necessary; or a final decision not to file felony charges against a person for whom law enforcement has requested, pursuant to section 16-21-103 (2)(a), C.R.S., the filing of charges for any of the crimes specified in section 24-4.1-302 (1) committed against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case;
(a.5) The charges to be filed, prior to filing of the charges, if the most serious charge to be filed is lower than the most serious charge for which the individual was arrested and the filing of the lower charge may result in the court issuing a new, lower bond;
(b) Any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j), (2)(l), and (2)(u.5) of a criminal proceeding relating to a person accused of a crime against the victim; except that the district attorney shall not be obligated to inform the victim of any appellate review undertaken by the attorney general's office;
(b.3) Any hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(b.5) Any critical stage described in section 24-4.1-302 (2)(r.3) relating to a hearing concerning a petition for the expungement of juvenile records, which records concern an offense committed by the juvenile against the victim;
(b.7) Any motion filed, unless the motion is denied because the motion is either insufficient or the defendant is not entitled to relief, or any hearing concerning a motion or petition for sealing of records as described in section 24-72-706, 24-72-709, or 24-72-710 that was filed by a defendant in the criminal case and whose crime falls under section 24-4.1-302 (1). The notification should be made using the last-known contact information that is available for the victim.
(c) The assignment of any case regarding a crime against the victim, including the file number of such case and, if available, the name, business address, and business telephone number of any deputy district attorney assigned to the case, and the court room to which the case is assigned;
(d) The date, time, and place of any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of the proceeding;
(e) The availability of benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;
(f) The availability of transportation to and from any court proceeding for any victim, except as provided in section 24-4.1-302.5 (2);
(g) The availability of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;
(h) The right to complete a written victim impact statement. The victim has the option to complete the statement on a form provided by the district attorney's office. The district attorney shall inform the victim that the defendant has a right to view the victim impact statement.
(i) The availability of the district attorney to seek a court order to protect a victim's residential address.
(12) Unless a victim requests otherwise, the district attorney shall inform each victim of the following:
(a) The function of a presentence report, including the name and telephone number of the probation office preparing any such report regarding a person convicted of a crime against the victim, and the right of a victim, or a member of the victim's immediate family, to make a victim impact statement pursuant to this article;
(b) The defendant's right to view the presentence report and the victim impact statement;
(c) The date, time, and location of any sentencing or resentencing hearing;
(d) The right of the victim, or a member of the victim's immediate family, to attend and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration;
(e) Any sentence imposed;
(f) (I) The date, time, and location of any hearing for modification of a sentence pursuant to rule 35 (a) or rule 35 (b) of the Colorado rules of criminal procedure or any provision of state or federal law; except that a district attorney is not required to inform each victim of a resentencing following a probation revocation hearing or a request for early termination of probation. For both probation revocation hearings and requests for early termination, it is the responsibility of the probation department to notify the victim if the victim has requested post-sentencing notification.
(II) If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the district attorney, and the district attorney shall notify and receive input from the victim to give to the court before the court rules on the motion.
(III) If the court has reviewed and denied the written motion without a hearing, the district attorney is not required to notify the victim regarding the filing of or ruling on the motion.
(IV) This paragraph (f) does not modify the probation department's responsibility to notify a victim that has opted to receive notifications described in subsection (13.5) of this section.
(f.5) Any motion to modify the terms and conditions of an unsupervised deferred sentence for which the district attorney's office is the monitoring agency. The procedures for notifying victims outlined in subparagraphs (I) and (II) of paragraph (f) of this subsection (12) apply to the district attorney and the court with regard to this motion.
(g) The right to receive information from correctional officials concerning the imprisonment and release of a person convicted of a crime against the victim pursuant to subsection (14) of this section;
(g.5) The right to receive information from the state mental health hospital concerning the custody and release of an offender who was ordered by a court into the hospital's custody pursuant to subsection (14.2) of this section;
(h) The right to receive information from the probation department concerning information outlined in subsection (13.5) of this section regarding a person convicted of a crime against the victim;
(i) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim. If court proceedings are initiated based on the results of the postconviction DNA testing, the victim shall be notified of the court proceedings by the district attorney's office that filed and prosecuted the charges resulting in the entry of the judgment of conviction challenged by the defendant. If the attorney general's office is the agency that decides to conduct postconviction DNA testing, the attorney general's office is responsible for notifying the victim.
(j) The right to be informed of a request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim.
(13) If a person convicted of a crime against the victim seeks appellate review or attacks the conviction or sentence, the district attorney or the office of the attorney general, whichever is appropriate, shall inform the victim of the status of the case and of the decision of the court.
(13.5) (a) Following a sentence to probation and upon the written request of a victim, the probation department shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(I) The location and telephone number of the probation department responsible for the supervision of the person;
(II) The date of the person's termination from probation supervision;
(III) Any request for release of the person in advance of the person's imposed sentence or period of probation, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for early termination of probation and is considering granting the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied such a request without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the request.
(IV) Any probation revocation or modification hearing at which the person's sentence may be reconsidered or modified and any changes in the scheduling of the hearings, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied the written motion without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the motion.
(V) Any motion filed by the probation department requesting permission from the court to modify the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 if the motion has not been denied by the court without a hearing;
(V.5) Any change of venue, transfer of probation supervision from one jurisdiction to another, or interstate compact transfer of probation supervision;
(VI) Any complaint, summons, or warrant filed by the probation department;
(VII) The death of the person while under the jurisdiction of the probation department;
(VIII) Concerning domestic violence cases, any conduct by the probationer that results in an increase in the supervision level by the probation department; and
(IX) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108.
(b) Repealed.
(14) Upon receipt of a written victim impact statement as provided in section 24-4.1-302.5 (1)(j.5), the department of corrections shall include the statement with any referral made by the department of corrections or a district court to place an offender in a public or private community corrections facility or program. The department of corrections or the public or private local corrections authorities shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(a) The institution in which such person is incarcerated or otherwise being held;
(b) The projected date of such person's release from confinement;
(c) Any release of such person on furlough or work release or to a community correctional facility or other program, or statutory discharge in advance of such release;
(d) Any scheduled parole hearings or full parole board reviews regarding the person and any changes in the scheduling of such hearings, including notification of the victim's right to be present and heard at such hearings;
(e) Any escape or unauthorized absence as described in section 18-8-208.2 (1) by such person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, or other program, and any subsequent recapture of such person;
(f) Repealed.
(g) The transfer to or placement in a nonsecured facility of a person convicted of a crime, any release or discharge from confinement of the person, and any conditions attached to the release;
(h) The death of the person while in custody or while under the jurisdiction of the state of Colorado concerning the crime;
(i) The transition of the person from a residential facility to a nonresidential setting;
(j) Any decision by the parole board and any decision by the governor to commute the sentence of the person or pardon the person; and
(k) The date, time, and location of a scheduled execution.
(14.1) The Colorado mental health institute at Pueblo, or the Colorado mental health institute at Fort Logan, as may be applicable, shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(a) The institution in which the person resides;
(b) Any release of the person on furlough or other program, in advance of such release;
(c) Any other transfer or release from the state hospital;
(d) Any escape by the person and any subsequent recapture of the person; and
(e) The death of the person while in custody or while under the jurisdiction of the state.
(14.2) Upon receipt of a written statement as provided in section 24-4.1-302.5 (1)(j.5), the department of human services, division of youth services, shall include the statement with any referral made by the department of human services or a district court to place an offender in a public or private community corrections facility or program. The department of human services and any state hospital shall notify the victim of the following information regarding any person who was charged with or adjudicated of a crime against the victim:
(a) The institution in which such person is incarcerated or otherwise being held;
(b) The projected date of such person's release from confinement;
(c) Any release of such person on furlough or work release or to a community correctional facility or other program, in advance of such release;
(d) Repealed.
(e) Any escape or unauthorized absence as described in section 18-8-208.2 (1) by the person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, parole supervision, or other program, and any subsequent recapture of the person;
(f) Any decision by the governor to commute the sentence of the person or pardon the person;
(g) The transfer to or placement in a nonsecured facility of a person adjudicated of a crime, any release or discharge from the sentence of the person, and any conditions attached to the release;
(h) The death of the person while in custody or while under the jurisdiction of the state;
(i) Any request by the department of human services to the juvenile court to modify the sentence to commitment and any decision by the juvenile court to modify the sentence to commitment; and
(j) Any placement change that occurs during the person's parole that may affect the victim's safety, as determined by the division of youth services.
(14.3) The juvenile parole board shall notify the victim of the following information regarding any person who was charged with or adjudicated of an offense against the victim:
(a) Any scheduled juvenile parole hearings pursuant to sections 19-2.5-1203 and 19-2.5-1206 regarding the person, any change in the scheduling of such a hearing in advance of the hearing, the victim's right to be present and heard at such hearings, the results of any such hearing, any parole decision to release the person, and the terms and conditions of any such release; and
(b) and (c) (Deleted by amendment, L. 2022.)
(d) Any discharge from juvenile parole.
(14.4) The court or its designee, pursuant to section 18-3-415, C.R.S., shall disclose the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S., to any victim of a sexual offense in the case in which the testing was ordered. Disclosure of diagnostic test results must comply with the requirements of section 25-4-410 (2), C.R.S.
(14.5) (a) At any proceeding specified in section 24-4.1-302.5 (1)(d), the court shall inquire whether the victim is present and wishes to address the court. The court shall advise the victim of his or her right to address the court regarding issues relevant to the case.
(a.5) A party issuing a subpoena pursuant to rule 17 of the Colorado rules of criminal procedure for the production of the privileged records of a victim pursuant to section 13-90-107 or a subpoena requesting the compensation records of a victim pursuant to section 24-4.1-107.5 shall file with the court and serve on any opposing party:
(I) A copy of the subpoena;
(II) A certificate stating that the party has a good-faith belief that there is a lawful basis for issuing the subpoena;
(III) A copy of the written notice served on recipients that advises that a party may not release records until the court orders the release of the records at a hearing and that a party may only provide the records to the court if the court orders the party to release the records; and
(IV) A motion stating the party's lawful basis for the subpoena and, if subject to a claim of privilege pursuant to section 13-90-107, a good-faith claim that the victim has expressly or impliedly waived any privilege to allow the court to properly receive the records.
(b) (I) At a proceeding specified in section 24-4.1-302.5 (1)(d)(VII), after considering all relevant evidence, the court shall quash any subpoena and shall not receive any records protected by privilege pursuant to section 13-90-107 unless the court finds, based upon evidence, that a victim expressly or impliedly waived the statutory privilege. In considering whether to receive and release any records relating to the victim, the court shall determine whether:
(A) There is a reasonable likelihood that the subpoenaed records exist;
(B) The subpoenaed records are evidentiary and relevant;
(C) The subpoenaed records cannot be reasonably procured in advance of the trial despite due diligence;
(D) The party cannot properly prepare for trial without production and inspection of the subpoenaed records, and failure to inspect the subpoenaed records in advance may unreasonably delay the trial; and
(E) The application to review the subpoenaed records is made in good faith.
(II) If the court conducts a hearing on the application for the issuance of subpoenaed records, the court shall proceed only after input from the victim, unless the victim is unavailable and the court finds that the district attorney notified the victim or made all reasonable efforts to notify the victim.
(III) If after the hearing, the court orders the production of records, the court shall enter orders to set a timeline of no less than seven days for the party to arrange production of the records to the court; except that the court may order production in less than seven days to avoid the delay of a jury trial.
(c) The court shall inform the probation department and the district attorney's office before any hearing regarding any request by the probationer for early termination of probation or any change in the terms and conditions of probation.
(d) The court shall provide the victim or the victim's designee with translation or interpretation services as needed during all critical stages of the hearing. The victim or the victim's designee shall notify the district attorney within a reasonable time that the victim or the victim's designee needs an interpreter for the critical stages of the hearing. The district attorney's office shall inform the court that the victim or victim's designee requests that the court arrange for translation or interpretation services.
(e) The court shall require the defendant to be present by appearing in person, by phone, or virtually by audio or video, or similar technology, during the sentencing hearing to hear the victim's impact statement, unless the court excludes the defendant.
(14.7) (a) The court or its designee shall ensure that victim information be provided to any entity responsible for victim notification after the defendant is sentenced.
(b) The court shall notify the victim of petitions or motions filed to cease sex offender registration pursuant to sections 16-22-103 (5) and 16-22-113 (2) and (2.5).
(14.9) (a) If, in a case of an alleged sex offense that has not resulted in a conviction or plea of guilty or when a law enforcement report or a medical report is filed pursuant to section 12-240-139 (1)(b)(I), the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory with custody of forensic medical evidence wants to destroy the evidence, it shall notify the victim at least sixty days prior to the destruction of the forensic medical evidence.
(b) When a victim objects to the destruction of forensic medical evidence after receiving notice pursuant to subsection (14.9)(a) of this section, the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory shall retain the forensic medical evidence for an additional ten years.
(15) (a) Unless specifically stated otherwise, the requirements of this section to provide information to the victim may be satisfied by either written, electronic, or oral communication with the victim or the victim's designee. The person responsible for providing the information shall do so in a timely manner and advise the victim or the victim's designee of any significant changes in the information. The victim or the victim's designee shall keep appropriate criminal justice authorities informed of the name, address, electronic mail address, if available, and telephone number of the person to whom the information should be provided, and any changes of the name, address, electronic mail address, and telephone number.
(a.5) A victim who turns eighteen years of age has the right to request notification from a criminal justice agency and to become the primary point of contact. The designee for the victim shall also continue to receive notifications if the designee has requested notification; except that the notifying agency has the discretion to notify only the victim if the victim so requests or if the agency deems that extenuating and documentable circumstances justify discontinuing notification to the victim's designee. The right of a victim's designee to address the court remains in effect even if the victim requests notification from a criminal justice agency.
(b) An agency that is required to notify a victim under this part 3 shall make reasonable attempts to contact the victim or the victim's designee by mail, electronic communication, if the victim or the victim's designee has provided an electronic mail address, and by telephone. If the victim or the victim's designee does not provide the agency with a forwarding address, electronic mail address, and telephone number and the agency is unable to locate the victim or the victim's designee after reasonable attempts have been made to contact the victim or the victim's designee, the agency shall be deemed to have met its obligation under this part 3 and shall not be required to notify the victim or victim's designee until the victim or victim's designee provides the agency with the current address, electronic mail address, if available, and telephone of the victim and the name of the victim's current designee, if applicable.
(c) An agency that is required to notify a victim under this part 3 may use an automated victim notification system.
(d) Using recommendations from victim advocates, the person responsible for providing information pursuant to this section shall ensure the information required is in plain and easy-to-understand language. To the extent practicable, any written or electronic notice must ensure that information about the release, discharge, transfer, parole, escape, abscondence, or unauthorized absence of a person accused or convicted of a crime against the victim is presented prominently and in a manner intended to increase the likelihood of the victim's attention to the notice.
(16) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this article.
(17) Any affected person, except as provided in subsection (16) of this section, may enforce compliance with this article by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this article. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this article. A person, corporation, or other legal entity shall not be entitled to claim or to receive any damages or other financial redress for any failure to comply with this article.
(18) The district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo shall make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from any criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, a criminal justice agency that has duties under this article, or the attorney for the defendant.
Source: L. 84: Entire part added, p. 655, § 3, effective May 14. L. 87: (1)(i.5) added, p. 922, § 1, effective July 1. L. 92: Entire section amended, p. 421, § 4, effective January 14, 1993. L. 94: IP(14) amended, p. 2693, § 229, effective July 1. L. 95: (3) to (5), (10)(a)(I), (11)(a), (11)(b), IP(14), (14)(c), (14)(e), (14)(g), and (14)(h) amended and (14.5) added, p. 1404, § 6, effective July 1. L. 97: (13.5) added, p. 1562, § 7, effective July 1. L. 2000: (2), (6), and IP(14) amended and (14.3) and (14.7) added, p. 241, § 6, effective March 29. L. 2001: (13.5) amended, p. 32, § 2, effective August 8. L. 2002: (13.5)(b) repealed, p. 123, § 1, effective August 7. L. 2006: (9)(f), (10)(b)(II), (11)(a), (11)(b), (11)(d), (13.5)(a)(III), (13.5)(a)(V), (13.5)(a)(VI), (13.5)(a)(VII), IP(14), (14.7), and (15) amended and (10)(b)(IV), (10)(b)(V), (13.5)(a)(VIII), and (14.2) added, pp. 646, 647, 648, §§ 5, 6, 7, 8, 9, 10, effective July 1. L. 2007: IP(14.2) amended, p. 840, § 4, effective May 14. L. 2008: (11)(a.5) added, p. 327, § 3, effective April 7; (14.2)(g), (14.2)(h), and (14.3) amended and (14.2)(i) and (14.4) added, p. 1108, §§ 14, 15, effective July 1. L. 2009: (1), (9)(a), and (17) amended, (SB 09-047), ch. 129, p. 557, § 6, effective July 1. L. 2011: (11)(e) and (11)(f) amended and (11)(g) added, (HB 11-1032), ch. 296, p. 1408, § 20, effective August 10. L. 2012: (9)(f), (9)(g), IP(10)(a), (10)(a)(V), (11)(f), (11)(g), (12)(e), (12)(f), (13.5)(a)(V), IP(14), (14)(g), (14)(h), (14.5), and (15) amended and (9)(h), (11)(h), (11)(i), (12)(f.5), (12)(h), (12)(i), (13.5)(a)(V.5), (14)(i), and (18) added, (HB 12-1053), ch. 244, p. 1154, § 3, effective August 8. L. 2013: (11)(b.5) added, (HB 13-1082), ch. 238, p. 1158, § 4, effective August 7; (11)(g) amended, (HB 13-1254), ch. 341, p. 1990, § 12, effective August 7. L. 2014: (11)(b.7) and (13.5)(a)(IX) added, (HB 14-1148), ch. 95, p. 349, § 3, effective August 6. L. 2015: (11)(b.7) amended, (SB 15-264), ch. 259, p. 958, § 62, effective August 5. L. 2016: (12)(c) amended, (SB 16-181), ch. 353, p. 1452, § 8, effective June 10; (14.4) amended, (SB 16-146), ch. 230, p. 920, § 17, effective July 1. L. 2017: (14.3)(c) amended, (HB 17-1329), ch. 381, p. 1981, § 54, effective June 6; (3.5), (12)(g.5), (12)(j), (14)(j), (14)(k), (14.1), (14.2)(j), and (14.5)(c) added, (9)(g), (10)(b)(III), (12)(f)(I), (12)(g), (12)(h), (13.5)(a)(III), (13.5)(a)(IV), (13.5)(a)(V), (13.5)(a)(VIII), (13.5)(a)(IX), (14)(c), (14)(d), (14)(h), IP(14.2), (14.2)(e), (14.2)(f), (14.2)(g), (14.2)(h), (14.2)(i), IP(14.3), and (14.3)(a) amended, and (14)(f) and (14.2)(d) repealed, (SB 17-051), ch. 155, p. 529, § 3, effective August 9. L. 2018: (14.7)(b) amended, (SB 18-026), ch. 143, p. 926, § 5, effective August 8. L. 2019: (10)(b)(III), (10)(b)(IV), (12)(g), (12)(g.5), IP(14), IP(14.1), and IP(14.2) amended, (HB 19-1064), ch. 296, p. 2751, § 5, effective May 28; (11)(b.7) amended, (HB 19-1275), ch. 295, p. 2748, § 6, effective August 2. L. 2020: (14)(e) and (14.2)(e) amended, (HB 20-1019), ch. 9, p. 29, § 13, effective March 6. L. 2021: (14.9) added, (HB 21-1143), ch. 191, p. 1012, § 5, effective May 27; (14.7)(b) amended, (HB 21-1064), ch. 320, p. 1970, § 12, effective September 1; (11)(b.7) amended, (HB 21-1214), ch. 455, p. 3037, § 10, effective September 7; (9)(h), (13.5)(a)(V), (13.5)(a)(IX), and (14.3)(a) amended, (SB 21-059), ch. 136, p. 743, § 110, effective October 1. L. 2022: (1.5), (14.5)(a.5), (14.5)(d), and (14.5)(e) added and (2), (3.5), (4), (10)(b)(IV), (11)(b.7), (13.5)(a)(VI), (14.3), and (14.5)(b) amended, (SB 22-049), ch. 152, p. 973, § 4, effective May 6. L. 2023: (11)(b.3) added, (SB 23-075), ch. 242, p. 1300, § 4, effective August 7; (15)(d) added, (SB 23-193), ch. 307, p. 1878, § 4, effective August 7; (11)(b) amended, (HB 23-1034), ch. 15, p. 47, § 8, effective October 1.
Editor's note: (1) Section 6(2) of chapter 242 (SB 23-075), Session Laws of Colorado 2023, provides that the act changing this section applies to any criminal justice record released on or after January 1, 2024.
(2) Section 9 of chapter 15 (HB 23-1034), Session Laws of Colorado 2023, provides that the act changing this section applies to petitions filed on or after October 1, 2023.
Cross references: (1) For content of victim impact statements, see § 16-11-102 (1.5); for the right of victims to attend sentencing hearings and parole hearings, see §§ 16-11-601 and 17-2-214; for the issuance of protection orders against defendants, see § 18-1-1001; for restitution to victims of crime, see article 28 of title 17.
(2) For the legislative declaration in HB 21-1143, see section 1 of chapter 191, Session Laws of Colorado 2021.
24-4.1-304. Child victim or witness - rights and services. (1) In addition to all rights afforded to a victim or witness under section 24-4.1-302.5, law enforcement agencies, prosecutors, and judges are encouraged to designate one or more persons to provide the following services on behalf of a child who is involved in criminal proceedings as a victim or a witness:
(a) To explain, in language understood by the child, all legal proceedings in which the child will be involved;
(b) To act, as a friend of the court, to advise the judge, whenever appropriate, of the child's ability to understand and cooperate in any court proceeding;
(c) To assist the child and the child's family in coping with the emotional impact of the crime and any subsequent criminal proceeding in which the child is involved;
(d) To advise the district attorney concerning the ability of a child witness to cooperate with the prosecution and concerning the potential effects of the proceeding on the child.
Source: L. 84: Entire part added, p. 656, § 3, effective May 14. L. 85: IP(1) amended, p. 1361, § 18, effective June 28. L. 92: IP(1) amended, p. 427, § 5, effective January 14, 1993.
24-4.1-305. Disclosure by agent of defense-initiated victim outreach required - definition. (1) When any person attempting defense-initiated victim outreach contacts any victim of any crime, the person shall immediately provide full and unambiguous disclosure of:
(a) The person's legal name; and
(b) The fact that the person is acting as an agent for the person accused of the crime or for the defense team of such person.
(2) (a) As used in this section, unless the context requires otherwise, defense-initiated victim outreach means any effort by the defense team, including but not limited to a victim liaison, victim outreach specialist, social worker, investigator, or other individual, to directly or indirectly contact a victim or a victim's family member on behalf of the defendant or defense counsel.
(b) The definition in paragraph (a) of this subsection (2) does not require the identified members of a defense team to comply with any guidelines or standards promulgated by any professional defense-initiated victim outreach organization.
Source: L. 2015: Entire section added, (HB 15-1218), ch. 155, p. 463, § 1, effective August 5.
PART 4
CERTIFICATION OF CERTAIN FEDERAL
IMMIGRATION FORMS
24-4.1-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Certification form or certification means the federal form I-918, supplement B, U Nonimmigrant Status Certification, or any successor form, required under 8 U.S.C. sec. 1184 (p)(1) and 8 CFR 214.14 (c)(2)(i) and as defined under 8 CFR 214.14 (a)(12), which confirms that the petitioner is a victim of qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which the petitioner is a victim.
(2) Certifying agency or agency has the same meaning as defined in 8 CFR 214.14 (a)(2) and includes but is not limited to:
(a) A state or local law enforcement agency;
(b) The office of a district, county, or city attorney;
(c) A court;
(d) The office of the attorney general;
(e) Any other agency that is responsible for the detection, investigation, or prosecution of a qualifying crime or criminal activity; or
(f) Entities that have criminal detection or investigative jurisdiction in their respective areas of expertise, including but not limited to a county department of human or social services and the department of labor and employment.
(3) Certifying official has the same meaning as defined in 8 CFR 214.14 (a)(3) and includes but is not limited to:
(a) The head of the certifying agency;
(b) A person in a supervisory role who has been specifically designated by the head of a certifying agency to issue certifications on behalf of that agency; or
(c) A judge or magistrate.
(4) Qualifying criminal activity has the same meaning as defined in 8 CFR 214.14 (a)(9), including any activity that constitutes a crime as defined pursuant to Colorado law, regardless of the statutory language or title used pursuant to Colorado law, for which the nature and elements of the offenses are substantially similar to the general categories of offenses enumerated in 8 U.S.C. sec. 1101 (a)(15)(U), or any other similar criminal activities, and the attempt, conspiracy, or solicitation to commit any of those offenses.
(5) Victim of qualifying criminal activity or victim has the same meaning as defined in 8 CFR 214.14 (a)(14) and includes an individual who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity, including direct victims; indirect victims, as defined under 8 CFR 214.14 (a)(14)(i), regardless of the direct victim's immigration or citizenship status; and bystander victims, as recognized under the federal register at 72 FR 53016.
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 510, § 1, effective September 1.
24-4.1-402. Immigration certification forms - completion deadlines. (1) For the time period of September 1, 2021, through June 30, 2022, and except as provided in subsection (2) of this section, a certifying agency shall process and either sign or decline to sign a certification form within one hundred twenty days after receipt of a request.
(2) For the time period of September 1, 2021, through June 30, 2022, a certifying agency shall process and either sign or decline to sign a certification form within sixty days after receipt of a request if:
(a) The requester provides documentation that he or she is in federal immigration removal proceedings; or
(b) The requester provides documentation that one or more children, parents, or siblings of the requester would become ineligible for U nonimmigrant status by virtue of age within sixty business days after the date that the certifying official receives the certification form request.
(3) On and after July 1, 2022, and except as provided in subsection (4) of this section, a certifying agency shall process and either sign or decline to sign a certification form within ninety days after receipt of a request.
(4) On and after July 1, 2022, a certifying agency shall process and either sign or decline to sign a certification form within thirty days after receipt of a request if:
(a) The requester provides documentation that he or she is in federal immigration removal proceedings; or
(b) The requester provides documentation that one or more children, parents, or siblings of the requester would become ineligible for U nonimmigrant status by virtue of age within sixty business days after the date that the certifying official receives the certification form request.
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 511, § 1, effective September 1.
24-4.1-403. Certification forms - signature requirement - limitation on factors for consideration. (1) Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim:
(a) Was a victim of qualifying criminal activity; and
(b) Has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.
(2) (a) For purposes of determining helpfulness pursuant to subsection (1)(b) of this section, a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity if there is no documentation that the victim refused or failed to provide assistance reasonably requested by law enforcement.
(b) A certifying agency's inability to communicate with a victim due to the victim's language must not be considered a refusal or failure to provide assistance.
(3) The certifying agency shall not consider any other factors in deciding whether to sign the certification form, except whether the individual was a victim of qualifying criminal activity and the victim's helpfulness, as specified in subsection (1) of this section.
(4) If a certifying official or agency signs the certification form, the official or agency shall return the signed certification form to the requester, along with, free of charge, relevant pages of offense reports related to the qualifying criminal activity subject to release by law, unless already provided by another agency. The timing of release of such reports for open investigations or prosecutions is subject to the certifying agency's discretion.
(5) The certifying agency is neither a sponsor nor a decision-maker in the granting of a U visa. A certifying official's completion of a certification form is not sufficient evidence that an applicant for a U visa has met all eligibility requirements and does not guarantee that the victim will receive a U visa. It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U visa. Completion of a certification form by a certifying official merely verifies factual information relevant for federal immigration officials to determine eligibility for a U visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge.
(6) More than one victim may be identified and provided with certification, depending upon the circumstances.
(7) If a certifying official or agency declines to sign the certification form, the official or agency shall, in writing, notify the requester of the reason or reasons for the denial within the times set forth in section 24-4.1-402. The denial notification must contain a detailed explanation of the reason or reasons for the denial, consisting of one of the following:
(a) Lack of jurisdiction over the certification form request due to the certifying agency not having been involved in the detection, investigation, or prosecution of the qualifying criminal activity;
(b) The requester was not a victim of qualifying criminal activity; or
(c) Lack of helpfulness, including documented instances of failure or refusal to comply with reasonable requests for assistance.
(8) Upon receiving notice that a request for a certification form pursuant to this section is denied, a requester may provide supplemental information to the certifying agency and request that the certification form denial be reviewed by the certifying agency.
(9) A requester may seek a subsequent certification from the same certifying agency or may seek certification from multiple certifying agencies.
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 512, § 1, effective September 1.
24-4.1-404. Prohibition on disclosure of victim's immigration status. A certifying agency is prohibited from disclosing the personal identifying information or immigration status of a victim or person requesting the certification except to comply with federal or state law or process.
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 513, § 1, effective September 1.
24-4.1-405. Duty to inform victims. Certifying agencies shall provide information regarding the U visa and the agency's procedures for certification to victims.
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 514, § 1, effective September 1.
24-4.1-406. Reports. (1) On or before September 1, 2022, and on or before each March 1 thereafter, a certifying agency that receives a request for a certification shall report to the division of criminal justice in the department of public safety on an annual basis and in aggregate form, subject to the restrictions set forth in section 24-4.1-404, the following:
(a) The number of requests for certification received;
(b) The number of certifications that were signed;
(c) The total number that were denied;
(d) The number of certifications that were denied for each reason specified pursuant to section 24-4.1-403 (7); and
(e) The number of decisions that fell outside the prescribed completion deadlines.
(2) The division shall make the reports available to the public upon request.
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 514, § 1, effective September 1.
PART 5
BRAIN INJURY SUPPORT FOR VICTIMS
OF VIOLENT CRIMES IN THE CRIMINAL JUSTICE SYSTEM
Cross references: For the legislative declaration in SB 22-057, see section 1 of chapter 275, Session Laws of Colorado 2022.
24-4.1-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) Brain injury has the same meaning as set forth in section 26-1-301.
(2) Entity means a state organization or other organization that would contract with the state to run a pilot program, as described in section 24-4.1-502.
(3) Office means the office for victims programs in the division of criminal justice in the department of public safety.
(4) Pilot program means the victims of a violent crime brain injury pilot program described in section 24-4.1-502.
(5) Task force means the victims of a violent crime brain injury task force created in section 24-4.1-502.
(6) Victim of a violent crime or victim means a person who was the victim of a crime in which physical force was used against that person. It is the intent of the general assembly that this definition of the term victim of a violent crime or victim only applies to this part 5 and does not apply to any other provision of the laws of the state of Colorado that refer to the term victim of a violent crime or victim.
Source: L. 2022: Entire part added, (SB 22-057), ch. 275, p. 1976, § 2, effective May 31.
24-4.1-502. Victims of a violent crime brain injury task force - established - duties - membership - report - repeal. (1) On or before August 1, 2022, the office for victims programs shall establish the victims of a violent crime brain injury task force. The purpose of the task force is to develop a plan for the creation and implementation of a pilot program for identification, screening, support, and services of victims of violent crimes for brain injury and providing those who screen positive the appropriate support and services. At a minimum, the plan must include:
(a) Identification of the type of entity or entities best suited to conduct a pilot program;
(b) A process for selecting the entity or entities that would run a pilot program;
(c) Identification of the staff position or positions in the entity that ultimately participates in a pilot program that will be responsible for identifying victims with possible brain injuries, and the training requirements for such positions;
(d) Procedures for identifying and screening individual victims for possible brain injuries;
(e) Procedures for scheduling or referring each victim who screens positive for brain injuries for a neuropsychological assessment;
(f) Collection of statistical information, including rate of brain injury among different population groups, rate of causes of brain injuries, and other statistics as determined by the task force;
(g) Explanation of necessary actions to implement a pilot program, including an application and selection process for the final participating entity;
(h) Guidelines for selecting a contractor if the design includes contract services;
(i) Procedures for evaluating the success of the pilot program, once established;
(j) Criteria for determining if the pilot program, if established, should be expanded statewide; and
(k) Procedures for establishing education and outreach programs.
(2) On or before August 1, 2022, the office shall appoint the following persons to serve on the task force:
(a) A representative from the office;
(b) A representative from an entity that has expressed an interest in participating in a pilot program;
(c) A person who represents a statewide organization representing district attorneys, to be designated by the Colorado district attorneys' council;
(d) A person who represents a legal advocacy group;
(e) A person who represents an advocacy group for victims of violent crime;
(f) A person who represents victim advocates in law enforcement or the criminal justice system;
(g) A person who represents community-based victim advocates;
(h) A person who represents the brain injury trauma unit of a medical facility;
(i) A person who is a registered forensic nurse examiner in Colorado;
(j) Two victims who have experienced brain injuries as a result of a violent crime;
(k) Two research professionals who work in areas that include brain injury;
(l) A person who represents a statewide organization representing chiefs of police;
(m) A person who represents a statewide organization representing county sheriffs;
(n) A representative from the department of human services; and
(o) A person who represents an organization specializing in delivering brain injury services.
(3) In selecting members of the task force, preference must be given to persons who have served on the brain injury support in the criminal justice system task force, created in section 26-1-312, as it existed prior to its repeal in 2024.
(4) The members of the task force shall serve on a voluntary basis without compensation, but are entitled to compensation for actual and necessary expenses incurred in the performance of the task force member's duties.
(5) On or before January 1, 2023, the task force shall complete its final plan and submit it to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health and human services and behavioral health committee of the house of representatives, or any successor committees.
(6) This section is repealed, effective June 30, 2026.
Source: L. 2022: Entire part added, (SB 22-057), ch. 275, p. 1977, § 2, effective May 31. L. 2025: (3) amended, (SB 25-300), ch. 428, p. 2448, § 28, effective August 6.
ARTICLE 4.2
Assistance to Victims of and Witnesses
to Crimes and Aid to Law Enforcement Act
Cross references: For constitutional provisions relating to the rights of crime victims, see section 16a of article II of the Colorado constitution; for the Colorado Victim and Witness Protection Act of 1984, see part 7 of article 8 of title 18; for compensation to crime victims, see parts 1 and 2 of article 4.1 of this title; for rights of victims of and witnesses to crimes, see part 3 of article 4.1 of this title.
24-4.2-100.3. Definitions. As used in this article 4.2, unless the context otherwise requires:
(1) Board means the victims and witnesses assistance and law enforcement board created in each judicial district, as described in section 24-4.2-101 (1).
(2) Fund means the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2059, § 133, effective August 6.
24-4.2-101. Victims and witnesses assistance and law enforcement board - creation. (1) There is hereby created in each judicial district a victims and witnesses assistance and law enforcement board. Each board shall be composed of five members appointed by the chief judge of the judicial district. In making such appointments, the chief judge shall consider whether an appointee represents or belongs to an organization, public or private, which might reasonably be anticipated to be a recipient of moneys pursuant to this article 4.2. In multicounty judicial districts, to the extent possible, members shall fairly reflect the population of the judicial district. The board shall designate one of its members as chairman.
(1.5) Effective November 1, 2024, a victims and witnesses assistance and law enforcement board for the twenty-third judicial district is created. The twenty-third judicial district administrative judge shall appoint the initial board for the twenty-third judicial district pursuant to subsections (1) to (3) of this section. Effective January 7, 2025, the chief judge of the twenty-third judicial district has all appointment authorities and duties pursuant to this section.
(2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a one-year term, two for two-year terms, and two for three-year terms. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board.
(3) Members of the board shall receive no compensation.
Source: L. 84: Entire article added, p. 661, § 22, effective July 1. L. 90: (2) amended, p. 1181, § 4, effective July 1. L. 2024: (1.5) added, (HB 24-1013), ch. 43, p. 155, § 6, effective April 4. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2059, § 134, effective August 6.
24-4.2-102. District attorney to assist board. The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this article.
Source: L. 84: Entire article added, p. 662, § 22, effective July 1.
24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund. (1) The victims and witnesses assistance and law enforcement fund is hereby established in the office of the court administrator of each judicial district. The fund shall consist of all moneys paid as a surcharge as provided in section 24-4.2-104.
(1.3) The victims and witnesses assistance and law enforcement fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The judicial department shall coordinate with the board of the eighteenth judicial district to credit money related to Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district from surcharges collected on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties. Money for use by the twenty-third judicial district victims and witnesses assistance and law enforcement board must be forwarded to the court administrator and deposited into the fund. The fund consists of all money collected as a surcharge on and after April 1, 2024, as provided in section 24-4.2-104; money paid pursuant to section 17-27-104 (4)(b)(IV); money transferred from the marijuana tax fund pursuant to section 39-28.8-501 (4.9)(c); and any other money the general assembly may appropriate or transfer to the fund. The state court administrator for the twenty-third judicial district shall comply with the provisions of this section.
(1.5) In addition to the money paid into the fund pursuant to subsection (1) of this section, the fund consists of money paid pursuant to section 17-27-104 (4)(b)(IV), money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(c), and any other money that the general assembly may appropriate or transfer to the fund.
(1.7) (a) In addition to the money paid into the fund pursuant to subsections (1) and (1.5) of this section, the fund consists of money appropriated by the general assembly from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the office of the court administrator for distribution to the district attorney's office of each judicial district to be used for victims and witness assistance and law enforcement programs and purposes described in sections 24-4.2-103 and 24-4.2-105.
(b) Money appropriated pursuant to this subsection (1.7) from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money appropriated pursuant to this subsection (1.7) based on need.
(c) Notwithstanding the provisions of subsection (4) of this section, the district attorney's office of each judicial district may use up to ten percent of any money appropriated pursuant to this subsection (1.7) for development and administrative costs incurred by the district attorney's office pursuant to this section in the provision of programs and services allowed pursuant to the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.
(d) The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.7).
(1.8) (a) Within three days after May 19, 2022, the state treasurer shall transfer three million dollars to the fund from the economic recovery and relief cash fund created in section 24-75-228 for distribution to district attorneys' offices for victims and witnesses programs and purposes described in sections 24-4.2-103 and 24-4.2-105. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money transferred pursuant to this subsection (1.8) based on need.
(b) The judicial department and each recipient of money from the fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(c) Notwithstanding the provisions of subsection (4) of this section, a district attorney's office may use up to ten percent of any money distributed pursuant to this subsection (1.8) for development and administrative costs incurred by the district attorney's office pursuant to this section.
(d) The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.8).
(2) All money deposited in the fund shall be deposited in an interest-bearing account, which would be a legal investment for the state treasurer. All interest and income derived from the deposit and investment of money in the fund shall be credited to the fund, except as otherwise provided in section 24-75-226 (4)(c)(II).
(3) At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for allocation as originally designated under section 24-4.2-105.
(4) All moneys deposited in the fund shall be used solely for the purposes designated in section 24-4.2-105; except that the district attorney may use up to an aggregate of ten percent of the total amount of moneys in the fund for administrative costs incurred pursuant to this article and for preparation of victim impact statements required pursuant to section 16-11-102 (1), C.R.S. The board shall determine the manner of reimbursement for preparation of victim impact statements and the method of establishing actual costs for such preparation.
(5) The priority use for moneys in the fund created in this section shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of the services and programs delineated in sections 24-4.1-303, 24-4.1-304, and 24-4.2-105 (4) related to all crimes as defined by section 24-4.1-302 (1).
(6) Repealed.
Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1) amended, p. 795, § 1, effective July 1. L. 92: (5) added, p. 427, § 6, effective January 14, 1993. L. 95: (5) amended, p. 1406, § 7, effective July 1. L. 96: (1.5) added, p. 133, § 2, effective July 1. L. 2003: (6) added, p. 1542, § 1, effective May 1. L. 2015: (6) repealed, (SB 15-264), ch. 259, p. 958, § 63, effective August 5. L. 2021: (1.7) added, (SB 21-292), ch. 291, p. 1722, § 5, effective June 22; (1.5) amended, (HB 21-1315), ch. 461, p. 3120, § 34, effective July 6. L. 2022: (2) amended, (HB 22-1342), ch. 137, p. 920, § 5, effective April 25; (1.8) added, (SB 22-183), ch. 194, p. 1305, § 13, effective May 19. L. 2024: (1.3) added, (HB 24-1013), ch. 43, p. 155, § 7, effective April 4. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2059, § 135, effective August 6.
Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021. For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.
24-4.2-104. Surcharges levied on criminal actions and traffic offenses. (1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in subsection (1)(b) of this section, is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these surcharges to the clerk of the court. Each clerk shall transmit the money to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(II) (A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(B) The surcharge in sub-subparagraph (A) of this subparagraph (II) shall apply to charges brought pursuant to the following sections: 18-3-305, 18-3-402, 18-3-403, as it existed prior to July 1, 2000, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5, 18-3-503, 18-3-504, 18-6-301, 18-6-302, 18-6-403, 18-6-404, 18-7-302, 18-7-402, 18-7-405, 18-7-405.5, and 18-7-406, C.R.S., or any attempt to commit any of these crimes.
(C) (Deleted by amendment, L. 93, p. 2054, § 5, effective June 9, 1993.)
(b) (I) A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(II) A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(III) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court administrator of the judicial department in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.
(d) The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund.
(1.5) Repealed.
(2) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section.
Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1)(a) amended and (1)(b) R&RE, pp. 795, 796, §§ 2, 3, effective July 1. L. 86: (1)(b)(I) amended, p. 1193, § 3, effective July 1. L. 87: (1) amended, p. 1497, § 7, effective July 1. L. 90: (1)(a) and (1)(c) amended, p. 1181, § 5, effective July 1. L. 91: (1)(a) and (1)(b)(I) amended, p. 241, § 1, effective July 1. L. 93: (1)(a)(I) and (1)(a)(II) amended, pp. 2053, 2054, §§ 4, 5, effective June 9. L. 94: (1)(b)(I) amended, p. 2555, § 52, effective January 1, 1995. L. 96: (1)(a)(I) amended, p. 1695, § 36, effective January 1, 1997. L. 97: (1)(a)(II)(B) amended, p. 1547, § 21, effective July 1. L. 2000: (1)(a)(II)(B) amended, p. 707, § 35, effective July 1. L. 2002: (1)(a)(I), (1)(a)(II)(A), and (2) amended, p. 1530, § 241, effective October 1. L. 2003: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended, p. 1542, § 2, effective May 1. L. 2007: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended and (1.5) added, p. 1112, § 3, effective July 1. L. 2010: (1)(a)(II)(B) amended, (SB 10-140), ch. 156, p. 540, § 12, effective April 21. L. 2014: (1)(a)(II)(B) amended, (HB 14-1273), ch. 282, p. 1157, § 24, effective July 1. L. 2021: (1)(a)(I) amended, (HB 21-1315), ch. 461, p. 3109, § 7, effective July 6; (1)(a)(I) amended, (SB 21-059), ch. 136, p. 744, § 111, effective October 1. L. 2022: (1)(b)(III) added, (HB 22-1229), ch. 68, p. 346, § 29, effective March 1.
Editor's note: (1) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2008. (See L. 2007, p. 1112.)
(2) Amendments to subsection (1)(a)(I) by HB 21-1315 and SB 21-059 were harmonized.
(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding subsection (1)(b)(III) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.1-119; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.
(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a)(I), (1)(a)(II)(A), and (2), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
24-4.2-105. Allocation of money from fund - application for grants - disbursements. (1) Thirteen percent of the aggregate amount of the moneys in the fund, after payment of the expenses specified in section 24-4.2-103 (4), shall be deposited with the state treasurer to the credit of the fund created pursuant to section 24-33.5-506.
(2) Not less than eighty-five percent of the net aggregate of the fund remaining after the deduction of the amounts specified in subsection (1) of this section shall be allocated for the purchase of victims and witnesses services pursuant to subsection (4) of this section, and the remaining moneys may be allocated to the police departments, sheriffs' departments, and district attorneys for the purposes specified in subsection (3) of this section.
(2.5) (a) The board shall not accept, evaluate, or approve any application requesting grants of money from the fund submitted by, or on behalf of, any state agency, including local offices of such agencies; except that:
(I) The court administrator of each judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; and
(II) The local probation department may apply for grants of moneys for the purpose of implementing the rights of victims established pursuant to article 4.1 of this title.
(b) The state judicial department shall study alternative methods for funding the collection of restitution owed to victims of crime.
(3) The board shall accept and evaluate applications from the law enforcement agencies listed in subsection (2) of this section requesting grants of moneys for the following purposes, including, but not limited to, purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses.
(4) The board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the board deems appropriate. Victims and witnesses assistance services may be used for the following:
(a) Provision of services for early crisis intervention;
(b) Provision of telephone lines for victims and witnesses assistance;
(c) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation;
(c.5) Assistance programs for victims and their families;
(d) Education of victims and witnesses about the operation of the criminal justice system;
(e) Assistance in prompt return of the victims' property;
(f) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case;
(g) Intercession with the employers or creditors of victims or witnesses;
(h) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court;
(i) Provision of translator services;
(j) Coordination of efforts to assure that victims have a secure place to wait before testifying;
(k) Provision of counseling or assistance during court appearances when appropriate;
(l) Protection from threats of harm and other forms of intimidation; and
(m) Special advocate services.
(4.3) (a) Moneys allocated for the purposes specified in subsections (3) and (4) of this section shall only be used for the purchases of equipment, training programs, additional personnel, and victims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304.
(b) Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims.
(c) Grants of moneys may be approved for registration fees and expenses for lodging, travel, and meals for those in-state training programs specifically directed toward delivery of services to crime victims and for the actual cost of providing the necessary staff training directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Nothing in this subsection (4.3) shall preclude volunteer board members from receiving reimbursement for actual and necessary expenses incurred at in-state training programs held pursuant to this paragraph (c). Expenses for lodging, travel, and meals which may be reimbursed pursuant to this paragraph (c) shall not exceed the state government expense reimbursement guidelines.
(4.7) A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Such written acknowledgment shall be attached to such requesting agency's or person's application for moneys pursuant to this section. The board shall not accept for evaluation any application for a grant of moneys pursuant to this section until the requesting agency or person provides the board with such written acknowledgment.
(5) The board shall specify levels and types of services to be provided pursuant to this section and shall review expenditures in accord with these standards.
(6) Upon a finding by the board that a disbursement shall be made from the fund, the board shall submit a written request for payment to the court administrator who shall remit payment in accordance with the request.
(6.5) Repealed.
(7) For purposes of this section:
(a) Victim and witness mean victim and witness as defined in section 24-4.1-302.
(b) Special advocate services means the services offered to aid victims who are children, including, but not limited to, court-appointed special advocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs.
(c) Court-Appointed Special Advocate or CASA means a trained volunteer appointed by the court pursuant to the provisions of part 2 of article 1 of title 19, C.R.S., in a district to aid the court by providing independent and objective information as directed by the court, regarding children involved in actions brought pursuant to this title.
Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 88: (4)(c.5) added, p. 892, § 1, effective July 1. L. 90: (1) amended, p. 1181, § 6, effective July 1. L. 91: (4)(k), (4)(l), and (7) amended and (4)(m) added, p. 242, § 2, effective July 1. L. 93: (4)(h) amended, p. 1653, § 54, effective July 1. L. 94: (2) and (3) amended and (2.5), (4.3), and (4.7) added, p. 1243, § 1, effective May 22. L. 95: (4.7) amended, p. 1103, § 36, effective May 31. L. 96: (7)(c) amended, p. 1094, § 5, effective May 23; (2.5)(b) amended, p. 1265, § 178, effective August 7. L. 97: (2.5)(a) amended, p. 1562, § 8, effective July 1. L. 2003: (7)(b) amended, p. 755, § 7, effective March 25. L. 2024: (6.5) added, (HB 24-1013), ch. 43, p. 155, § 8, effective April 4.
Editor's note: Subsection (6.5)(b) provided for the repeal of subsection (6.5), effective July 1, 2025. (See L. 2024, p. 155.)
Cross references: For the legislative declaration contained in the 1996 act amending subsection (2.5)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-4.2-106. Court administrator custodian of fund - disbursements. The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board.
Source: L. 84: Entire article added, p. 664, § 22, effective July 1.
24-4.2-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, may promulgate rules and regulations prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, criteria for evaluation, fiscal procedures including proper investment of moneys in the fund, and any other regulations necessary for the administration of this article.
Source: L. 84: Entire article added, p. 664, § 22, effective July 1.
24-4.2-108. Report of grants and expenditures. (1) Each victims and witnesses assistance and law enforcement board and each crime victim compensation board shall submit a report to the executive director of the department of public safety by such date each year as shall be specified by the executive director of the department of public safety, detailing the amount of funds granted to agencies or individuals pursuant to this article and article 4.1 of this title, the number and types of agencies applying for grants, and the projects and services for which such grants were made.
(2) The division of criminal justice in the department of public safety shall report annually to the crime victim services advisory board created in section 24-4.1-117.3 (1) on all grants made and contracts entered into pursuant to this article. The crime victim services advisory board may review the grants and contracts to determine the existence of any conflicts of interest involving members of boards, recipients, or contracting parties.
(3) (Deleted by amendment, L. 99, p. 686, § 3, effective August 4, 1999.)
Source: L. 84: Entire article added, p. 664, § 22, effective July 1. L. 90: (1) amended, p. 1182, § 7, effective July 1. L. 94: (3) added, p. 1244, § 2, effective May 22. L. 97: (2) amended, p. 1559, § 2, effective July 1. L. 99: (2) and (3) amended, p. 686, § 3, effective August 4. L. 2009: (2) amended, (SB 09-047), ch. 129, p. 557, § 7, effective July 1.
24-4.2-109. County, city, city and county, or municipality not preempted. Nothing in this article shall preclude a home rule county, city, city and county, or municipality from enacting provisions to provide funds for law enforcement agencies and victims and witnesses assistance programs through charges assessed on fines imposed for violation of local ordinances.
Source: L. 84: Entire article added, p. 664, § 22, effective July 1.
24-4.2-110. Applicability. The surcharge specified in section 24-4.2-104 shall apply to offenses committed on or after January 1, 1985.
Source: L. 84: Entire article added, p. 664, § 22, effective July 1.
24-4.2-111. Repeal of article. (Repealed)
Source: L. 84: Entire article added, p. 664, § 22, effective July 1. L. 88: Entire section repealed, p. 320, § 3, effective July 1.
ARTICLE 5
Public Employment - Eligibility
24-5-101. Effect of criminal conviction on employment rights - fee - determination. (1) (a) Except as otherwise provided in subsection (1)(b) of this section, the fact that a person has been convicted of a felony or other offense shall not, in and of itself, prevent the person from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration required by the laws of this state to follow any business, occupation, or profession.
(b) This subsection (1) does not apply to:
(I) The offices and convictions described in section 4 of article XII of the state constitution;
(II) The certification and revocation of certification of peace officers as provided in section 24-31-305;
(III) The employment of personnel in positions involving direct contact with vulnerable persons as specified in section 27-90-111, C.R.S.;
(IV) The licensure or authorization of educators prohibited pursuant to section 22-60.5-107 (2), (2.5), or (2.6), C.R.S.;
(V) The employment of persons in public or private correctional facilities pursuant to sections 17-1-109.5 and 17-1-202 (1)(a)(I) and (1.5), and the employment of persons in public or private juvenile facilities pursuant to sections 19-2.5-1505 and 19-2.5-1519 (4);
(VI) The employment of persons by the public employees' retirement association created pursuant to section 24-51-201 who, upon the commencement of that employment, will have access to association investment information, association assets, or financial, demographic, or other information relating to association members or beneficiaries; and
(VII) (A) The employment of persons by the department of public safety, the department of corrections, and the department of revenue.
(B) The exception in subsection (1)(b)(VII)(A) of this section does not apply to positions within the wildland fire management section in the department of public safety.
(2) (a) (I) When a state or local agency is required to make a finding regarding an applicant for a license, certification, permit, or registration as a condition of issuing the license, certification, permit, or registration, or is required to evaluate the impact of an applicant's criminal record, and the applicant has, at some time, been convicted of a felony or other offense, the state or local agency shall give consideration to pertinent circumstances connected with the conviction in determining whether the applicant is qualified. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.
(II) A state agency making a finding pursuant to subsection (2)(a)(I) of this section may only consider convictions pursuant to section 12-20-206.
(b) In evaluating an applicant, a local agency shall comply with subsection (4) of this section, and a state or local agency shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified:
(I) The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest;
(II) The applicant has been convicted of a criminal offense but pardoned;
(III) The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged;
(IV) A court has issued an order of collateral relief specific to the credential sought by the applicant; or
(V) The applicant has been adjudicated for committing a delinquent act in a juvenile proceeding.
(3) (a) Unless statute prohibits the employment of a person with a specific criminal conviction for a particular position, an agency shall not advertise the position with a statement that a person with a criminal record may not apply for the position or place on the application a statement that a person with a criminal record may not apply for the position.
(b) (I) With the exception of the department of corrections and the department of public safety, a local agency shall not perform a background check until the agency determines that an applicant is a finalist or makes a conditional offer of employment to the applicant.
(II) The exception in subsection (3)(b)(I) of this section does not apply to positions within the wildland fire management section in the department of public safety.
(c) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, a local agency determines that the applicant has a criminal history, the local agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment:
(I) The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending;
(II) The applicant has been convicted of a criminal offense but pardoned;
(III) The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; or
(IV) A court has issued an order of collateral relief specific to the employment sought by the applicant.
(d) and (e) Repealed.
(4) Except as provided in subsection (6) of this section, when considering an applicant for a license, certification, permit, or registration pursuant to subsection (2) of this section or, if, after determining that an applicant is a finalist or making a conditional offer of employment to an applicant, a local agency determines that the applicant has a conviction other than as described in subsection (2)(b) or (3)(c) of this section, the local agency shall consider the following factors when determining whether the conviction disqualifies the applicant:
(a) The nature of the conviction;
(b) Whether there is a direct relationship between the conviction and the position's duties and responsibilities and the bearing, if any, the conviction may have on the applicant's fitness or ability to perform one or more such duties and responsibilities, including whether the conviction was for unlawful sexual behavior as listed in section 16-22-102 (9); whether the duties of employment would place a coworker or the public in a vulnerable position; and whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment because of the individual's circumstances, including the individual's age, disability, frailty, mental health disorder, developmental disability, or ill health;
(c) Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and
(d) The time that has elapsed since the conviction.
(5) Notwithstanding any other provision of law to the contrary, the provisions of this section apply to the office of the governor.
(6) (a) If, at any stage in the hiring process, the department of corrections or the department of public safety determines that the applicant has been convicted of a crime, the department must consider the factors listed in subsections (4)(a) to (4)(d) of this section when determining whether the conviction disqualifies the applicant for the position.
(b) Notwithstanding subsection (6)(a) of this section, if, after determining that an applicant for a position within the wildland fire management section in the department of public safety is a finalist or when making a conditional offer of employment to the applicant, the department of public safety determines the applicant has been convicted of a crime, the department must consider the factors listed in subsections (4)(a) to (4)(d) of this section when determining whether the conviction disqualifies the applicant for the position.
(7) Before a local agency makes a final determination that a criminal conviction disqualifies an applicant from receiving a license, certification, permit, or registration, the agency shall provide the applicant with written notice that describes:
(a) The specific conviction that is the basis for the disqualification;
(b) The reasons the conviction was determined to be disqualifying, including findings for each of the factors in subsection (4) of this section that the agency deemed relevant to the determination; and
(c) The right to submit additional evidence relevant to each of the factors listed in subsection (4) of this section, consistent with section 24-4-104.
(8) A state or local agency that makes a final determination that a criminal conviction will prevent an applicant from receiving a license, certification, permit, or registration shall issue the determination in writing and shall include notice of the right to appeal the determination and notice of the earliest date the applicant may reapply for the credential in accordance with section 24-4-106.
Source: L. 73: p. 513, § 1. C.R.S. 1963: § 39-25-101. L. 90: Entire section amended, p. 1207, § 1, effective March 16. L. 92: Entire section amended, p. 1098, § 7, effective March 6. L. 95: Entire section amended, p. 1103, § 37, effective May 31. L. 99: Entire section amended, p. 923, § 2, effective July 1. L. 2003: Entire section amended, p. 2521, § 11, effective June 5. L. 2004: (1)(b)(III) and (1)(b)(IV) amended and (1)(b)(V) added, p. 232, § 5, effective April 1. L. 2006: (1)(b)(VI) added, p. 161, § 1, effective March 31. L. 2010: (1)(b)(III) amended, (SB 10-175), ch. 188, p. 795, § 52, effective April 29. L. 2011: (1)(b)(IV) amended, (HB 11-1121), ch. 242, p. 1061, § 9, effective August 10. L. 2012: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII), (3), (4), and (5) added, (HB 12-1263), ch. 233, p. 1021, § 1, effective August 8. L. 2014: (1)(b)(VII), (3)(b), and IP(4) amended and (6) added, (HB 14-1172), ch. 61, p. 279, § 1, effective August 6. L. 2018: (1)(b)(VII), (2), (3)(c), IP(4), and (4)(b) amended and (3)(d) and (3)(e) repealed, (HB 18-1418), ch. 352, p. 2086, § 1, effective May 30. L. 2021: (1)(a), IP(1)(b), (1)(b)(VII), (3)(b), and (6) amended, (SB 21-012), ch. 29, p. 121, § 1, effective April 15; IP(1)(b) and (1)(b)(V) amended, (SB 21-059), ch. 136, p. 744, § 112, effective October 1. L. 2022: (2)(b)(III) and (2)(b)(IV) amended and (2)(b)(V) added, (HB 22-1383), ch. 365, p. 2605, § 4, effective August 10; (7) and (8) added, (HB 22-1098), ch. 220, p. 1438, § 2, effective August 10. L. 2024: (1)(a), (2)(a), IP(2)(b), (3)(b)(I), IP(3)(c), IP(4), and IP(7) amended, (HB 24-1004), ch. 371, p. 2497, § 3, effective August 7.
Cross references: (1) In 2011, subsection (1)(b)(IV) was amended by the Safer Schools Act of 2011. For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011.
(2) For the legislative declaration in HB 22-1383, see section 1 of chapter 365, Session Laws of Colorado 2022.
24-5-102. Employee information - student loan repayment and forgiveness programs - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:
(I) Many Coloradans have federal student loans made through the United States department of education's direct loan program or the federal family education loan program;
(II) Large amounts of student loan debt and insecurity in the job market have resulted in high student loan default rates;
(III) However, many borrowers qualify for loan repayment programs that allow for lower monthly payments;
(IV) In addition, there are federal programs that allow borrowers to have their loans forgiven after working for a certain period of time in the public sector, as a teacher, or for a nonprofit public service organization;
(V) The federal consumer financial protection bureau has a toolkit and resources to help employers assist their employees in accessing the federal programs;
(VI) As a public sector employer, Colorado can help qualified employees access federal loan repayment and loan forgiveness programs for which they may qualify by providing information to its employees about these federal programs; and
(VII) Further, school districts, the state charter school institute, local governmental entities, and nonprofit public service organizations can assist their employees by providing information about these federal programs.
(b) Therefore, the general assembly declares that employees will benefit from receiving information about federal student loan programs that provide assistance through loan repayment options or loan forgiveness.
(2) As used in this section, unless the context otherwise requires:
(a) Public service loan forgiveness program means the loan forgiveness program set forth in 34 CFR 685.219.
(b) Teacher loan forgiveness program means the loan forgiveness program set forth in 34 CFR 685.217.
(3) (a) On or before December 31, 2019, the department of personnel shall develop informational materials described in subsection (3)(e) of this section to increase awareness of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment options, including income-sensitive repayment programs. In lieu of developing the informational materials, the department of personnel may provide materials published by a federal agency that include the required information.
(b) On or before January 1, 2020, and on or before January 1 each year thereafter, the department of personnel shall facilitate the distribution of the informational materials to:
(I) All state employees;
(II) The department of education, for distribution to each school district and board of cooperative services and to the state charter school institute for the benefit of teachers employed by a school district, a district charter school, a board of cooperative services, or by an institute charter school;
(III) The department of higher education, for distribution to the governing board for each state institution of higher education for the benefit of employees of state institutions of higher education;
(IV) The secretary of state, for posting the informational materials on the secretary of state's website for distribution to nonprofit public service organizations, as defined in 34 CFR 685.219, for the benefit of the employees of nonprofit public service organizations; and
(V) The division of local government in the department of local affairs, for distribution to local governmental entities, as defined in section 24-32-104 (1)(m)(II).
(c) In addition to annual distribution, the department of personnel shall facilitate the distribution of the informational materials to newly hired state employees as part of its employee orientation process.
(d) The department of personnel may distribute the informational materials to state employees or human resources directors through an email or as part of a mailing or regular communication to state employees.
(e) The information provided pursuant to this section must include a summary of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment programs, including who may be eligible for the programs, steps that an eligible employee must take in order to participate in the programs, and a recommendation that employees contact their student loan servicer or private education lender or an ombudsman at the state, if one exists, for additional information.
(f) The department of personnel shall make the informational materials available on the department of personnel's website. The department of personnel shall verify the information's accuracy at least annually and update the informational materials as necessary. The department of personnel shall distribute updated informational materials to the entities included in subsection (3)(b) of this section.
Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 111, § 1, effective August 2. L. 2021: (3)(e) amended, (SB 21-057), ch. 378, p. 2534, § 18, effective June 29.
Editor's note: Section 19 of chapter 378 (SB 21-057), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after June 29, 2021, including collection of debts arising out of loans issued before June 29, 2021.
ARTICLE 6
Colorado Sunshine Law
PART 1
GENERAL PROVISIONS
24-6-101. Short title. This article shall be known and may be cited as the Colorado Sunshine Act of 1972.
Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-101.
24-6-102. Effective date. This article became effective January 1, 1973.
Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-102.
PART 2
PUBLIC OFFICIAL DISCLOSURE LAW
Cross references: For the Fair Campaign Practices Act, see article 45 of title 1.
24-6-201. Declaration of policy. In order to continue the public confidence in the integrity of government officials and to promote trust of the people in the objectivity of their public servants, this open disclosure law is adopted.
Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-201.
24-6-202. Disclosure - contents - filing - false or incomplete filing - penalty. (1) Not later than January 10 of each calendar year, each of the following individuals shall file an annual disclosure statement with the secretary of state of Colorado in such form as the secretary of state prescribes, stating the information specified in subsection (2) of this section:
(a) Each member of the general assembly;
(b) The governor, lieutenant governor, secretary of state, attorney general, and state treasurer;
(c) Each justice or judge of a court of record;
(d) Each district attorney;
(e) Each member of the state board of education;
(f) Each member of the board of regents of the university of Colorado;
(g) Each member of the public utilities commission.
(h) Repealed.
(1.3) If an individual begins serving in one of the positions specified in subsection (1) of this section after January 10 and has not filed a disclosure statement within the previous thirty days, the individual shall file a disclosure statement no later than ten days after assuming the position.
(1.5) The provisions of subsection (1) of this section apply to any individual who is serving in any position specified in subsection (1) of this section on or after January 1, 2024. If an individual who is specified in subsection (1) of this section is serving in office in the 2024 calendar year but has not filed an annual disclosure statement in the 2024 calendar year, the individual shall file a disclosure statement no later than July 1, 2024, or in accordance with the requirements specified in subsection (1.3) of this section, whichever is sooner.
(1.7) Repealed.
(2) Disclosure must include the following for the previous calendar year, unless otherwise specified:
(a) The names, and amounts, disclosed as a range as provided in the form prescribed by the secretary of state, of any source or sources of any income, including capital gains, whether or not taxable, of the person making disclosure, the person's spouse, and any minor children residing with the person making the disclosure;
(b) The name of each business, insurance policy, or trust in which he, his spouse, or minor children residing with him has a financial interest in excess of five thousand dollars;
(c) The legal description of any interest in real property, including an option to buy, in the state in which the person making disclosure, his spouse, or minor children residing with him have any interest, direct or indirect, the market value of which is in excess of five thousand dollars;
(d) The identity, by name, of all offices, directorships, and fiduciary relationships held by the person making disclosure, the person's spouse, and any minor children residing with the person making the disclosure, including whether the position is compensated or uncompensated;
(e) The identity, by name, of any person, firm, or organization for whom compensated lobbying is done by any person associated with the person making disclosure if the benefits of such compensation are or may be shared by the person making disclosure, directly or indirectly;
(f) The name of each creditor to whom the person making disclosure, the person's spouse, or the person's minor children owe money in excess of one thousand dollars, including the interest rate and the highest amount owed, disclosed as a range as provided in the form prescribed by the secretary of state, for the calendar year covered in the statement;
(g) A list of businesses with which the person making disclosure or his spouse are associated that do business with or are regulated by the state and the nature of such business or regulation;
(h) The sources of compensation exceeding five thousand dollars received by the person making the disclosure or the person's business affiliation for services provided directly by the person making the disclosure during the current year and during the prior calendar year, if the source is a person or entity that is regulated by the state or pays for a lobbyist that conducts lobbying at the general assembly or at a state regulatory body. This includes the names of clients and customers of any affiliated corporation, firm, partnership, or other business enterprise and a description of the duties performed or services rendered for each source of compensation if the person making the disclosure directly provided the services generating a fee or payment of more than five thousand dollars. The person making the disclosure may exclude any information considered confidential as a result of a privileged relationship recognized by law. If the person making the disclosure withholds information as a result of a privileged relationship, the person shall still disclose the existence of the source of compensation and an explanation for why information was withheld.
(i) Any additional information that the person making the disclosure deems necessary.
(3) Any disclosure statement shall be amended no more than thirty days after any termination, acquisition, or substantial change of interests as to which disclosure is required.
(4) Repealed.
(5) Each disclosure statement is public information and shall be made available on the secretary of state's website.
(6) Repealed.
(7) Any person who willfully files a false or incomplete disclosure statement, or who willfully fails to make any filing required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars.
(8) In addition to any other process provided in law or rule, including article XXIX of the state constitution, any person who believes an official listed in subsection (1)(a) of this section is not substantially complying with the requirements of this section may file a complaint with the following:
(a) The secretary of the senate and the president of the senate for members of the senate; and
(b) The chief clerk of the house of representatives and the speaker of the house of representatives for members of the house of representatives.
(9) Upon receiving a complaint, the person or persons receiving the complaint shall follow any existing procedures for investigating ethics complaints or violations.
(10) If an official specified in subsection (1)(a) of this section does not timely file the required annual disclosure statement, the secretary of state shall forward notification to the appropriate individual specified in subsection (8) of this section.
Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-202. L. 79: IP(1), (4), and (6) amended and (1)(b), (1)(d), (1)(e), (1)(f), (1)(g), and (1)(h) added, pp. 851, 852, §§ 1, 2, effective July 1. L. 85: (1)(a) amended and (1)(h) repealed, pp. 382, 381, §§ 6, 1, effective April 17. L. 2010: IP(1) amended and (1.7) added, (SB 10-041), ch. 151, p. 524, § 5, effective July 1. L. 2022: (4) amended, (HB 22-1156), ch. 108, p. 496, § 3, effective August 10. L. 2023: IP(2), (2)(a), (2)(d), (2)(f), and (2)(h) amended and (2)(i) added, (SB 23-276), ch. 399, p. 2397, § 53, effective January 1, 2024. L. 2024: IP(1), (1.5), (2)(a), (2)(f), (3), (5), and (7) amended, (1.3), (8), (9), and (10) added, and (1.7), (4), and (6) repealed, (SB 24-210), ch. 468, p. 3262, § 51, effective June 6.
24-6-203. Reporting by incumbents and elected candidates - gifts, honoraria, and other benefits - prohibition on monetary gifts - penalty - definitions. (1) (a) As used in this section, the terms appropriate officer and candidate shall have the meanings ascribed to them in section 1-45-103, C.R.S., of the Fair Campaign Practices Act.
(b) (I) As used in this section, the term public office means any office voted for in this state at any election. Public office includes, without limitation, the governor, lieutenant governor, secretary of state, attorney general, and state treasurer; a member of the general assembly or the state board of education; a regent of the university of Colorado; a judge on the Colorado court of appeals or the Colorado supreme court; a district attorney; or an officer of a county, municipality, city and county, school district, or any elective office within a special district for which the annual compensation exceeds two thousand four hundred dollars.
(II) Public office does not include:
(A) The office of president or vice president of the United States;
(B) The office of senator or representative in the congress of the United States;
(C) Any office in a political party chosen pursuant to sections 1-3-103, 1-4-403, and 1-4-701, C.R.S.; or
(D) Any political party office in an assembly or convention, including delegates thereto.
(E) Repealed.
(III) Repealed.
(c) As used in this section, covered state office means the governor, lieutenant governor, secretary of state, attorney general, state treasurer, a member of the state board of education, a regent of the university of Colorado, a member of the general assembly, or a district attorney.
(2) Every incumbent in or candidate elected to public office who receives from any other person any item described in subsection (3) of this section in connection with the incumbent's or elected candidate's public service shall file with the appropriate officer, on or before January 15, April 15, July 15, and October 15 of each year, a report covering the period since the last report. The requirement of this subsection (2) pertaining to the report due January 15 shall extend to an incumbent leaving public office between October 15 and January 15, who shall file with the appropriate officer by January 15 a report that covers any items received during the period since the last report. Such report shall be on forms prescribed by the secretary of state and shall contain, at a minimum, the name of the person from whom the item was received and the amount or value and the date of receipt. The secretary of state shall furnish such forms to municipal clerks, to county clerk and recorders, and to incumbents and elected candidates for state offices and district offices of districts greater than a county free of charge for use by incumbents and elected candidates required to file such forms. If any incumbent in or candidate elected to public office does not receive any such item, he or she shall not be required to file such report.
(3) The reports required by subsection (2) of this section shall include the following:
(a) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any money, including but not limited to a loan, pledge, or advance of money or a guarantee of a loan of money, or any forbearance or forgiveness of indebtedness from any person, with a value greater than fifty-three dollars;
(b) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any gift of any item of real or personal property, other than money, with a value greater than fifty-three dollars;
(c) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, any loan of any item of real or personal property, other than money, if the value of the loan is greater than fifty-three dollars. For such purpose, the value of the loan means the cost saved or avoided by the elected candidate by not borrowing, leasing, or purchasing comparable property from a source available to the general public.
(d) Any payment for a speech, appearance, or publication;
(e) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, tickets to sporting, recreational, educational, or cultural events with a value greater than fifty-three dollars for any single event;
(f) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate who has been sworn into public office is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, unless the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held;
(g) Subject to the provisions of section 3 of article XXIX of the state constitution, any gift of a meal to a fund-raising event of a political party;
(h) Payment of or reimbursement for actual and necessary expenses for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that is from an organization declared to be a joint governmental agency by section 2-3-311, C.R.S.
(3.5) (a) Each incumbent in or candidate elected to covered state office is prohibited from knowingly receiving or accepting from any other person, in connection with the public service of the incumbent or elected candidate:
(I) A gift of any money, including but not limited to a loan, pledge, or advance of money, a guarantee of a loan of money, or any monetary payment given, directly or indirectly, for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate; or
(II) An in-kind gift.
(b) Nothing in paragraph (a) of this subsection (3.5) shall be construed to prohibit an incumbent or elected candidate from receiving a salary or other compensation paid to the incumbent or elected candidate in connection with the performance of his or her official duties, including, without limitation, payment for a speech, appearance, or publication or payment of or reimbursement for actual and necessary expenditures for travel and lodging to the extent the incumbent or elected candidate who has been sworn into covered state office is permitted to accept or receive such items in accordance with the provisions of section 3 of article XXIX of the state constitution.
(c) For purposes of this subsection (3.5), an in-kind gift means any gift of equipment, goods, supplies, property, services, or anything else, the value of which exceeds fifty dollars in the aggregate in any one calendar year, given, directly or indirectly, to an incumbent in or candidate elected to covered state office for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate.
(3.7) Notwithstanding any other provision of this section, no incumbent in or candidate elected to covered state office shall accept a gift of any money from any person who is a professional or volunteer lobbyist or from a corporation or labor organization.
(4) The reports required by subsection (2) of this section need not include the following:
(a) A contribution or contribution in kind that has already been reported pursuant to section 1-45-108, C.R.S.;
(b) Any unsolicited item of trivial value as described in section 3 (3)(b) of article XXIX of the state constitution;
(c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution;
(d) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, if the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held;
(e) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office;
(f) Except as otherwise described in this subsection (4), any other gift or thing of value an incumbent or elected candidate who has been sworn into public office is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution.
(5) Any person who provides an incumbent or elected candidate with any item required to be reported by the incumbent or elected candidate pursuant to this section shall, at the time the item is provided, furnish the recipient with a written statement of the dollar value of the item.
(6) Nothing contained in this section shall relieve any person from the disclosure requirements of part 3 of article 6 of this title, relating to the regulation of lobbyists.
(7) Any person who willfully files a false or incomplete report pursuant to this section, who willfully fails to file a report required by this section, who willfully fails to provide the statement of value required by subsection (5) of this section, or who violates any provision of subsection (3.5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars.
(8) The amount of the gift limit specified in subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.
Source: L. 94: Entire section added, p. 1824, § 3, effective January 1, 1995. L. 98: (3)(g) added and (4)(b) amended, p. 952, §§ 5, 6, effective April 27; (1) amended, p. 823, § 34, effective August 5. L. 2006: (1)(c), (3.5), and (3.7) added and (2), IP(3), (3)(a), (3)(b), IP(4), and (7) amended, p. 2063, §§ 1, 2, effective July 1. L. 2010: (3)(f) and (4)(d) amended and (3)(h) added, (SB 10-099), ch. 184, p. 661, § 3, effective August 11. L. 2012: (1)(b)(I), (1)(c), (2), (3), IP(3.5)(a), (3.5)(b), (3.5)(c), (3.7), and (4) amended, (1)(b)(II)(E) and (1)(b)(III) repealed, and (8) added, (HB 12-1070), ch. 167, p. 580, § 1, effective August 8. L. 2017: (1)(b)(I) amended, (HB 17-1297), ch. 364, p. 1906, § 3, effective August 9.
Cross references: For the legislative declaration in the 2010 act amending subsections (3)(f) and (4)(d) and adding subsection (3)(h), see section 1 of chapter 184, Session Laws of Colorado 2010.
PART 3
REGULATION OF LOBBYISTS
24-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires:
(1) Client means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. For the purposes of this part 3, a professional lobbyist is not a client of another lobbyist for whom he or she undertakes lobbying on a subcontract basis nor is the professional lobbyist a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients. Where the client is an organization or entity, nothing in this subsection (1) requires the organization or entity to provide the names of any of its shareholders, investors, business partners, coalition partners, members, donors, or supporters, as applicable.
(1.3) Communication includes but is not limited to a transmittal of information, data, ideas, opinions, or anything of a similar nature, either oral, written, or by any other means, to a covered official.
(1.5) Contribution means a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. Contribution also includes the compensation and reimbursement for expenses of a person required to file a disclosure statement under section 24-6-302.
(1.7) Covered official means:
(a) For the type of lobbying defined in subparagraphs (I), (II.5), and (III) of paragraph (a) of subsection (3.5) of this section, the governor, the lieutenant governor, a member of the general assembly, or the director of research of the legislative council of the general assembly or any member of legislative council staff;
(b) For the type of lobbying defined in subparagraph (IV) of paragraph (a) of subsection (3.5) of this section, a member of a rule-making board or commission or a rule-making official of a state agency which has jurisdiction over the subject matter of a rule, standard, or rate.
(1.9) (a) Disclosure statement means a written statement that contains:
(I) The name and address of each client or other professional lobbyist who has made a contribution totaling one hundred dollars or more for lobbying and the amount paid since the previous disclosure report;
(II) The total sum of the contributions made to or for the disclosing person for lobbying since the last disclosure statement which are not stated under subparagraph (I) of this paragraph (a);
(III) The total sum of all contributions made to or for the disclosing person for lobbying since the last disclosure statement and during the fiscal year;
(IV) The name of the covered official to or for whom such expenditures of more than fifty-three dollars have been made by or on behalf of the disclosing person for gift or entertainment purposes in connection with lobbying or for whom an expenditure was made by or on behalf of the disclosing person for a gift of a meal at a fund-raising event of a political party described in section 1-45-105.5 (1)(c)(IV), C.R.S., during either the first six months or the second six months of a state fiscal year and the amount, date, and principal purpose of the gift or entertainment, if the covered official or a member of his or her family actually received such gift or entertainment, but expenditures of one dollar or less shall be reported under subparagraph (V) of this paragraph (a). All amounts that a professional lobbyist spends on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes.
(V) The total sum of all such expenditures made by or on behalf of the disclosing person to covered officials for gift or entertainment purposes in connection with lobbying since the last disclosure statement that are not stated under subparagraph (IV) of this paragraph (a);
(VI) (Deleted by amendment, L. 96, p. 1081, § 1, effective August 7, 1996.)
(VII) The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying, other than gift and entertainment expenditures, since the last disclosure statement which are not stated under subparagraph (VI) of this paragraph (a);
(VIII) The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying since the last disclosure statement and during the fiscal year;
(IX) A statement, which shall only be given by a professional lobbyist, which contains the names of, and the amounts of any expenditures or contributions made to, any papers, periodicals, magazines, radio or television stations, or other media of mass communication to whom expenditures or contributions were made in which the professional lobbyist or his employer or agent has caused to be published any advertisements, articles, or editorials relating to lobbying; except that this information is not required for regular or routine publications sent primarily to the members of the professional lobbyist's organization, which publications contain information relating to his lobbying;
(X) The nature of the legislation, standards, rules, or rates for which the disclosing person is lobbying and, where known, the specific legislation, standards, rules, or rates. In the case of specific legislation, the professional lobbyist shall include the bill number of the legislation, and whether such lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time of the disclosure statement. The professional lobbyist shall specify that his or her representation is accurate as of the date of disclosure only and that the representation is not binding and is subject to change after the date and before the time the next disclosure statement is due. If a professional lobbyist fails to show any bill numbers or nature of the legislation, as applicable, such lobbyist shall affirm that he or she was not retained in connection with any legislation. Nothing in this subparagraph (X) requires any additional disclosure on the part of a lobbyist before the next applicable reporting deadline pursuant to section 24-6-302 (3). For purposes of this subparagraph (X), legislation means the process of making or enacting law in written form in the form of codes, statutes, or rules. Nothing in this subparagraph (X) requires a lobbyist to amend a previously filed disclosure statement upon learning the bill number of a previously disclosed piece of legislation.
(XI) If the client or professional lobbyist is an individual, the name and address of the individual and a description of the business activity in which the individual is engaged. If the client or professional lobbyist is a business entity, a description of the business entity in which the client or lobbyist is engaged and the name or names of the entity's chief executive officer, partners, or other designated contact person, as applicable. If the client or lobbyist is an industry, trade, organization or group of persons, or professional association, a description of the industry, trade, organization or group of persons, or profession that the lobbyist represents.
(XII) A statement detailing any direct business association of the disclosing person in any pending legislation, measure, or question. For purposes of this subparagraph (XII), a direct business association means that, in connection with a pending bill, measure, or question, the passage or failure of the bill, measure, or question will result in the disclosing person deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the disclosing person's profession, occupation, or industry. A disclosing person shall not be deemed to have a direct personal relationship in a pending bill, measure, or question where such interest arises from a bill, measure, or question that affects the entire membership of a class to which the disclosing person belongs.
(b) The secretary of state shall prescribe a form for disclosure statements, which shall contain:
(I) A statement, which the disclosing person may adopt, if true, that no change has occurred since the prior month's disclosure statement, in which case the information required by paragraph (a) of this subsection (1.9) may be omitted;
(II) A statement, which the disclosing person may adopt, if true, that no unreported contributions for lobbying are receivable and that no unreported expenditures for lobbying will be made during the remainder of the fiscal year;
(III) A statement which the disclosing person shall sign indicating that the information provided is correct and complete; but notarization of such statement shall not be required. The disclosing person, in signing such statement, shall be subject to section 18-8-503, C.R.S., concerning false statements made to a public servant.
(c) Whenever a person required to file a disclosure statement under this part 3 solicits, collects, or receives contributions which are used for lobbying as well as for other purposes, or makes an expenditure which is attributable to lobbying as well as to other purposes, such contributions and expenditures shall be allocated between lobbying and other purposes, and the disclosure statement shall contain that portion allocated to lobbying.
(2) Expenditure means a payment, distribution, loan, advance, deposit, or gift of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.
(2.3) Fiscal year means the period commencing July 1 of a calendar year and concluding June 30 of the following calendar year.
(2.5) Gross income for lobbying means the total amount received from a client, including compensation for services, fees, and similar payments, before any deductions are made, by a professional lobbyist for lobbying or by a lobbying firm.
(3) Repealed.
(3.5) (a) Lobbying means communicating directly, or soliciting others to communicate, with a covered official for the purpose of aiding in or influencing:
(I) The drafting, introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, or veto by any covered official on:
(A) Any bill, resolution, amendment, nomination, appointment, or report, whether or not in writing, pending or proposed for consideration by either house of the general assembly or committee thereof, whether or not the general assembly is in session;
(B) Any other matter pending or proposed in writing by any covered official for consideration by either house of the general assembly or a committee thereof, whether or not the general assembly is in session;
(II) Repealed.
(II.5) The preparation of a fiscal summary or an initial fiscal impact statement required by section 1-40-105.5;
(III) The convening of a special session of the general assembly or the specification of business to be transacted at such special session;
(IV) The drafting, consideration, amendment, adoption, or defeat of any rule, standard, or rate of any state agency having rule-making authority.
(b) Subject to the exclusions and provisions of this paragraph (b), for the purpose of determining when contributions and expenditures become reportable in disclosure statements, lobbying includes activities undertaken by the person engaging in lobbying and persons acting at his request to prepare for lobbying which in fact ultimately occurs, provided:
(I) No such reports shall be required for activities occurring prior to the preceding fiscal year;
(II) Expenditures shall not be reported when such expenditures are incurred by a person in the ordinary course of the business or affairs of such person and are not made for lobbying. Such nonreportable expenditures will include, but not be limited to, the keeping of books of account and the routine collection of statistics and other data.
(c) Lobbying does not include communications made by a person in response to a statute, rule, regulation, or order requiring such a communication.
(d) (I) Lobbying does not include communications by a person who appears before a committee of the general assembly or a rule-making board or commission solely as a result of an affirmative vote by the committee, board, or commission issuing a mandatory order or subpoena commanding that the person appear and testify, or making such a person a respondent in such a proceeding whether or not the person is reimbursed by the committee, board, or commission for expenses incurred in making such appearance.
(II) (Deleted by amendment, L. 2004, p. 431, § 1, effective August 4, 2004.)
(III) (A) Legislative declaration. The general assembly hereby declares its support of the Colorado Sunshine Act of 1972 and the open process that it has brought to the legislative process in Colorado. The general assembly's intent in enacting this subparagraph (III) is to achieve a more uniform application of the lobbying laws to witness testimony and to clarify the ability of the public to provide testimony to the general assembly and to state agencies.
(B) Lobbying excludes persons who are not otherwise registered as lobbyists and who limit their activities to appearances to give testimony or provide information to committees of the general assembly or at public hearings of state agencies or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information.
(e) Lobbying does not include communications made by an attorney-at-law when such communications are made on behalf of a client whose name has been identified and when such communications constitute the practice of law subject to control by the judicial branch of the state of Colorado.
(f) Lobbying does not include duties performed by employees of the legislative department.
(3.6) Lobbying firm means a person or entity employing one or more professional lobbyists to lobby on behalf of a client that is not the person or entity. Lobbying firm includes a self-employed professional lobbyist.
(3.7) Lobbyist means either a professional or a volunteer lobbyist.
(4) Person means an individual, limited liability company, partnership, committee, association, corporation, or any other organization or group of persons.
(5) Political committee means any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice-presidential electors or any duly authorized committee or subcommittee of a national, state, or local political party.
(5.5) Repealed.
(6) Professional lobbyist means a person, business entity, including a sole proprietorship, or an employee of a client, who is compensated by a client or another professional lobbyist for lobbying. Professional lobbyist does not include any volunteer lobbyist, any state official or employee acting in his official capacity, except as provided in section 24-6-303.5, any elected public official acting in his official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding.
(7) Volunteer lobbyist means any individual who engages in lobbying and whose only receipt of money or other thing of value consists of nothing more than reimbursement for actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking, while engaged in lobbying or for actual expenses incurred in informing the organization making the reimbursement or the members thereof of his lobbying.
Source: Initiated 72. L. 73: p. 1662, § 1. C.R.S. 1963: § 3-37-301. L. 77: (1) amended, (1.5), (1.7), (1.9), (3.5), (6), and (7) added, and (3) repealed, pp. 1147, 1154, §§ 1, 12, effective July 1. L. 79: (6) amended, p. 1638, § 37, effective December 29. L. 84: (3.5)(a)(II) repealed, p. 1121, § 22, June 7. L. 87: (6) amended, p. 923, § 1, effective July 3. L. 89: IP(1.9)(a) amended and (1.9)(b)(III) added, p. 1018, §§ 1, 2, effective March 15. L. 90: (4) amended, p. 447, § 9, effective April 18. L. 96: (1.9)(a)(VI) amended and (2.5) added, p. 1081, § 1, effective August 7. L. 98: (1.9)(a)(IV) amended, p. 952, § 7, effective April 27. L. 2000: IP(1.9)(a) and (1.9)(a)(IV) amended, p. 128, § 11, effective March 15. L. 2004: (3.5)(d) amended, p. 431, § 1, effective August 4. L. 2006: (1.9)(a)(X) amended and (1.9)(a)(XI), (1.9)(a)(XII), and (5.5) added, p. 2051, §§ 2, 1, effective July 1. L. 2010: (1.9)(a)(I), (1.9)(a)(III), (1.9)(a)(IV), (1.9)(a)(VIII), (1.9)(b)(II), and (3.5)(b)(I) amended and (2.3) and (3.7) added, (SB 10-087), ch. 407, p. 2010, § 1, effective June 10. L. 2012: (1.9)(a)(IV) and (1.9)(a)(V) amended, (HB 12-1070), ch. 167, p. 584, § 2, effective August 8. L. 2013: (1.7)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 50, effective August 7. L. 2014: (1), (1.9)(a)(I), (1.9)(a)(X), (1.9)(a)(XI), (2.5), and (6) amended and (1.3) and (3.6) added, (SB 14-217), ch. 398, p. 2001, § 1, effective July 1, 2015; (5.5)(b) added by revision, pp. 2001, 2006, §§ 1, 7. L. 2015: (1.7)(a) amended and (3.5)(a)(II.5) added, (HB 15-1057), ch. 198, p. 679, § 7, effective March 26, 2016. L. 2019: (1) amended, (HB 19-1248), ch. 232, p. 2320, § 2, effective May 20. L. 2020: (3.5)(a)(II.5) amended, (HB 20-1416), ch. 232, p. 1126, § 6, effective November 1.
Editor's note: Subsection (5.5)(b) provided for the repeal of subsection (5.5), effective July 1, 2015. (See L. 2014, pp. 2001, 2006.)
Cross references: For the short title (Lobbyist Transparency Act) in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.
24-6-302. Disclosure statements - required - definition.
(1) (Deleted by amendment, L. 96, p. 1081, § 2, effective August 7, 1996.)
(2) Any person who makes expenditures for gifts or entertainment purposes for the benefit of covered officials in the aggregate amount of two hundred dollars in a state fiscal year shall file disclosure statements with the secretary of state in accordance with this section. Such disclosure statements shall not include actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking.
(2.5) (a) A professional lobbyist and any lobbying firm shall file a monthly disclosure statement with the secretary of state no later than the fifteenth day after the end of the first calendar month, and each subsequent month, in which the lobbyist received any income or made any expenditures for lobbying. In the case of a single-member lobbying firm, if a disclosure statement includes the name of the professional lobbyist and the name of a lobbying firm that solely employs the lobbyist, a single disclosure statement may be filed with the secretary of state on behalf of both the professional lobbyist and the lobbying firm.
(b) No disclosure statement shall be required of a person who is described in a disclosure statement of a professional lobbyist pursuant to paragraph (a) of this subsection (2.5).
(c) Nothing in this subsection (2.5) shall be construed to require a professional lobbyist or a firm organized for professional lobbying purposes that is engaged in lobbying for a trade association, public interest group, or governmental organization to include in the disclosure statement of such lobbyist or firm any dues, assessments, or fees collected by such association, group, or organization for lobbying purposes.
(3) (a) (Deleted by amendment, L. 2014.)
(b) In addition to the monthly disclosure statement, a professional lobbyist shall file with the secretary of state an annual disclosure statement for the entire fiscal year no later than July 15 that covers the immediately preceding fiscal year. The annual disclosure statement must contain the name of and total gross income for lobbying received from each client or other professional lobbyist for whom the lobbyist lobbied during the previous fiscal year. If a professional lobbyist receives business from another professional lobbyist on a subcontract basis, the lobbyist receiving such business shall describe in an annual disclosure statement the total gross income received from the professional lobbyist under the subcontract who is contemporaneously reporting the subcontracting business on his or her annual disclosure statement.
(4) If a professional lobbyist determines at any time during a fiscal year that he or she will not lobby or receive lobbying income for the remainder of the fiscal year, the lobbyist may file an annual disclosure statement at such time, and thereafter need not file subsequent monthly disclosure statements until he or she resumes lobbying.
(5) This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity.
(6) (a) During the period that the general assembly is not in regular or special session, a professional lobbyist shall notify the secretary of state in writing within five business days after an oral or written agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1). During the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state after an agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1), either by means of the electronic filing system created in section 24-6-303 (6.3) or by facsimile transmission in accordance with the following:
(I) In the case of a written agreement to engage the lobbyist, disclosure shall be made within twenty-four hours after the date of the agreement; and
(II) In the case of an oral agreement to engage the lobbyist, the disclosure shall be made within twenty-four hours after the date of a subsequent written agreement between the parties, the commencing of lobbying activities, or the date the lobbyist receives any payment on the agreement, whichever occurs first.
(b) A professional lobbyist who provides the notification under paragraph (a) of this subsection (6) shall file, concurrently with the next disclosure statement due after such notification, a signed written statement that contains:
(I) The name and address of the person described in such notification; and
(II) A summary of the terms related to lobbying under the agreement between such person and the professional lobbyist. A professional lobbyist shall also update his or her registration within twenty-four hours if he or she agrees to lobby for a client or other lobbyist on a subcontract basis who is not disclosed in the lobbyist's original registration statement.
(6.5) (a) In addition to any other disclosure required by this part 3, during the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state by means of the electronic filing system created in section 24-6-303 (6.3) within seventy-two hours after:
(I) The lobbyist agrees to undertake lobbying in connection with new legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or
(II) The lobbyist takes a new position on a new or existing bill for a new or existing client of the lobbyist.
(b) During the period that the general assembly is in regular or special session, where the lobbyist agrees to undertake lobbying in connection with new or existing legislation for either a new or existing client, the disclosure required by subsection (6.5)(a) of this section includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position.
(7) In addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state, after proper notification by certified mail, shall impose an additional penalty of twenty dollars per day for each business day that a disclosure statement required to be filed by this section is not filed by the close of the business day on the day due up to and including the first ten business days on which the disclosure statement has not been filed after the day due. For failure to file a disclosure statement required to be filed by this section by the close of the eleventh business day on which the disclosure statement has not been filed after the day due, in addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state shall impose an additional penalty of fifty dollars for each day thereafter that a disclosure statement required to be filed by this section is not filed by the close of the business day. The secretary of state may excuse the payment of any penalty imposed by this subsection (7), or reduce the amount of any penalty imposed, for bona fide personal emergencies. Revenues collected from penalties assessed by the secretary of state shall be deposited in the department of state cash fund created in section 24-21-104 (3).
(8) Notwithstanding any other provision of this part 3, an attorney who is registered as a professional lobbyist is required to disclose information about the clients for whom he or she lobbies in accordance with this part 3 to the same extent as a professional lobbyist who is not an attorney. An attorney who is registered as a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed in accordance with this part 3 on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client.
(9) Notwithstanding any other provision of this part 3, in connection with any requirement to disclose the identity of a client in this section or section 24-6-303, client means, in accordance with section 24-6-301 (1), the name of the person who employs or retains the professional services of a lobbyist, a lobbying firm, or any other person or entity to undertake lobbying on its behalf. In connection with any requirement in this section or section 24-6-303 to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist shall also disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf.
Source: Initiated 72. L. 73: p. 1662, § 1. C.R.S. 1963: § 3-37-302. L. 77: Entire section R&RE, p. 1150, § 2, effective June 19. L. 87: (5) amended, p. 923, § 2, effective July 3. L. 96: (1) and (3) amended and (2.5), (6), and (7) added, p. 1081, § 2, effective August 7. L. 2001: (2) amended, p. 1273, § 30, effective June 5; (3)(b), (6)(a), and (6)(b)(III) amended, p. 147, § 1, effective July 1. L. 2010: (2), (2.5), (3), (4), (5), IP(6)(a), IP(6)(b), (6)(b)(II), and (7) amended, (SB 10-087), ch. 407, p. 2011, § 2, effective June 10. L. 2012: (2) amended, (HB 12-1070), ch. 167, p. 584, § 3, effective August 8. L. 2014: (2.5)(a), (3), (4), and (6)(b) amended and (8) added, (SB 14-217), ch. 398, p. 2003, § 2, effective July 1, 2015. L. 2019: (6)(a) and (8) amended and (9) added, (HB 19-1248), ch. 232, p. 2320, § 3, effective May 20; (6.5) added, (HB 19-1248), ch. 232, p. 2320, § 3, effective January 1, 2020.
Cross references: For the short title (Lobbyist Transparency Act) in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.
24-6-303. Registration as professional lobbyist - filing of disclosure statements - certificate of registration - legislative declaration. (1) Before lobbying, a professional lobbyist shall file an electronic registration statement with the secretary of state that contains:
(a) His or her full legal name, business address, and business telephone number;
(b) The name, address, and telephone number of his or her employer, if applicable;
(c) The name, address, and telephone number of the client for whom he or she will be lobbying; and
(d) The name, address, and telephone number of any other professional lobbyist for whom he or she is lobbying on a subcontract basis.
(1.3) (a) At the time a professional lobbyist files a registration statement in accordance with subsection (1) of this section prior to engaging in lobbying, and each time such lobbyist files an updated registration statement in accordance with subsection (1.5) of this section, such individual shall pay a registration fee in an amount that shall be set by the secretary of state by rule promulgated in accordance with article 4 of this title and shall be set at a level that offsets the costs to the secretary of state of providing electronic access to information pursuant to section 24-6-304 (2), and in processing and maintaining the disclosure information required by this part 3. The secretary of state shall charge a reduced fee to a professional lobbyist that files his or her registration statement pursuant to paragraph (b) of subsection (6.3) of this section. The secretary of state may waive the fee of a professional lobbyist for a not-for-profit organization who derives his or her compensation solely from the organization. A volunteer lobbyist shall be exempt from the requirement to pay the registration fee mandated by this paragraph (a).
(b) All fees collected pursuant to the provisions of this subsection (1.3) shall be credited to the department of state cash fund created in section 24-21-104 (3)(b).
(1.5) A professional lobbyist shall file an updated registration statement on or before July 15 of each year unless at that time he or she is no longer a professional lobbyist. Registration under this subsection (1.5) shall be effective until July 1 of the next year.
(2) A professional lobbyist shall file disclosure statements as required by section 24-6-302.
(3) Consistent with the requirements of subsection (6.3) of this section, a hard copy of all registration statements and disclosure statements of professional lobbyists and lobbying firms must be compiled by the secretary of state within thirty days after the end of the calendar month for which such information is filed and shall be organized alphabetically according to the names of the lobbyists and firms.
(4) No individual shall act as a professional lobbyist unless he has received a certificate of registration as provided in section 24-6-305 (1).
(5) An individual shall not be considered a lobbyist solely because of his or her appearance as a witness in rule, standard, or rate-making proceedings.
(6) This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity.
(6.3) (a) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a system that enables electronic filing of the reports required by this part 3 by utilizing the internet. Rules concerning the manner in which reports required by this part 3 may be filed electronically, including but not limited to the information to be contained in such reports, the procedure for amending such reports, and public access to the electronic filing system, shall be promulgated by the secretary of state in accordance with article 4 of this title.
(b) In addition to any other method of filing, any person subject to the filing requirements of this part 3 or his or her duly authorized agent may use the electronic filing system described in paragraph (a) of this subsection (6.3) in order to meet such filing requirements.
(7) Repealed.
Source: Initiated 72. L. 73: p. 1663, § 1. C.R.S. 1963: § 3-37-303. L. 77: Entire section R&RE p. 1151, § 3, effective June 19. L. 79: (1)(a) amended, pp. 853, 1638, §§ 1, 2, 38, effective December 29. L. 87: Entire section R&RE, p. 923, § 3, effective July 3. L. 96: (1)(d) amended, p. 1083, § 3, effective August 7. L. 2001: IP(1), (1)(d), (1.5), and (3) amended and (1.3) added, p. 148, § 2, effective July 1 and (6.3) added, p. 148, § 2, effective January 1, 2002. L. 2010: (1), (1.3)(a), (2), (3), (5), and (6) amended, (SB 10-087), ch. 407, p. 2013, § 3, effective June 10. L. 2014: (1) and (3) amended, (SB 14-217), ch. 398, p. 2004, § 3, effective July 1, 2015. L. 2019: (7) added, (HB 19-1248), ch. 232, p. 2322, § 4, effective May 20.
Editor's note: Subsection (7)(c) provided for the repeal of subsection (7), effective March 1, 2020. (See L. 2019, p. 2322.)
Cross references: For the short title (Lobbyist Transparency Act) in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.
24-6-303.5. Lobbying by state officials and employees. (1) (a) Each principal department of state government, as defined in section 24-1-110, shall designate one person who shall be responsible for any lobbying of the type defined in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III) by a state official or employee on behalf of said principal department. All designated persons from the principal departments, as well as any person lobbying, as defined in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III), on behalf of an institution or governing board of higher education, shall register with the secretary of state by filing a written statement on or before January 15 of each year. Such registration statement shall be on a form prescribed by the secretary of state and shall include the following:
(I) The designated person's full legal name, principal department address, and business telephone number;
(II) The name of any state official or employee who is lobbying on behalf of the principal department, the name of such person's division or unit within the principal department, his classification or job title, and the address and telephone number of his division or unit.
(b) Copies of the original documents filed with the secretary of state shall be filed with the governor's office, the secretary of the senate, and the chief clerk of the house of representatives.
(c) Any amendments to the original registration statement shall be filed with the secretary of state within seven days of the pertinent change.
(2) (a) In addition to the registration statement filed pursuant to subsection (1) of this section, the designated person, and any person lobbying on behalf of an institution or governing board of higher education, shall file, monthly, a disclosure statement with the secretary of state in accordance with this subsection (2). The secretary of state shall prescribe the form for such disclosure statement, which shall include:
(I) The legislation on which lobbying is being performed;
(II) Any expenditure of public funds used for lobbying and the amount thereof;
(III) An estimate of the time spent on lobbying or preparation thereof by any state official or employee named in the registration statement or any other employee of the principal department.
(b) Disclosure statements shall be filed within fifteen days after the end of the first calendar month and shall be filed within fifteen days after the end of each subsequent month during the fiscal year.
(3) For purposes of this section, state official or employee means an individual who is compensated by a state of Colorado warrant and receives state of Colorado employee benefits except a lobbyist hired on a contract basis if he is currently registered under sections 24-6-302 and 24-6-303 or a lobbyist who registers as a professional lobbyist pursuant to sections 24-6-302 and 24-6-303.
(4) This section shall not apply to the following persons:
(a) Members of the public utilities commission, the industrial claim appeals office, the state board of land commissioners, the office of the property tax administrator, the state parole board, and the state personnel board;
(b) Members of any board or commission serving without compensation except for per diem allowances provided by law and reimbursement of expenses;
(c) Members of the governor's cabinet and personal staff employees in the offices of the governor and the lieutenant governor whose functions are confined to such offices and who report directly to the governor or lieutenant governor;
(d) Appointees to fill vacancies in elective offices;
(e) One deputy of each elective officer other than the governor and lieutenant governor specified in section 1 of article IV of the state constitution;
(f) Members, officers, and employees of the legislative branch;
(g) Members, officers, and employees of the judicial branch; specifically, municipal, state, and federal judges and the state court administrator and his designee; and
(h) Any state official or employee communicating with a covered official in response to an inquiry of that covered official or when testifying before any committee of the general assembly upon request of a committee member.
(5) Any person who engages in lobbying for a principal department but who is not a state official or employee shall comply with the requirements of sections 24-6-302 and 24-6-303.
Source: L. 77: Entire section added, p. 1152, § 4, effective June 19. L. 79: (4)(a) amended, p. 1638, § 39, effective July 19. L. 87: Entire section R&RE, p. 924, § 4, effective July 3. L. 2010: IP(1)(a) and (2)(b) amended, (SB 10-087), ch. 407, p. 2014, § 4, effective June 10.
24-6-304. Records - preservation - public inspection - electronic access. (1) Each person required to file statements or reports under this part 3 shall maintain for a period of five years such records relating to such statements or reports as the secretary of state determines by regulation are necessary for the effective implementation of this part 3.
(2) (a) Any statement required by this part 3 to be filed with the secretary of state shall be preserved by the secretary of state for a period of five years after the date of filing, shall constitute part of the public records of that office, and shall be open and readily accessible for public inspection. The secretary of state shall implement a computer information system that will allow computer users to cross-reference and review, using the name of a professional lobbyist or any other person, any disclosure statement or other written statement filed pursuant to section 24-6-302 and registration statement filed pursuant to section 24-6-303 on which the name of such lobbyist or other person appears.
(b) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a website on the internet, or modify an existing site, that will allow computer users electronic read-only access to the information required to be filed by this part 3 free of charge. All information required to be filed by this part 3 that is filed electronically shall be made available:
(I) On the website within twenty-four hours after filing; and
(II) In a form that allows a computer user to cross-reference and review, using the name of a professional lobbyist or any other person, any disclosure statement or other written statement filed pursuant to section 24-6-302 and registration statement filed pursuant to section 24-6-303 on which the name of such lobbyist or other person appears.
Source: Initiated 72. L. 73: p. 1663, § 1. C.R.S. 1963: § 3-37-304. L. 77: Entire section R&RE, p. 1152, § 5, effective June 19. L. 96: (2) amended, p. 1083, § 4, effective August 7. L. 2001: (2) amended, p. 149, § 3, effective January 1, 2002. L. 2010: (2)(a) and (2)(b)(II) amended, (SB 10-087), ch. 407, p. 2015, § 5, effective June 10.
24-6-304.5. Examination of books and records. (1) The secretary of state has the power to request to examine or cause to be examined the books and records of any individual who has received or is seeking to renew a certificate of registration as a lobbyist as such books and records may relate to lobbying.
(2) Failure of a registrant or an applicant for renewal of the certificate of registration to comply with a request from the secretary of state to furnish the information in subsection (1) of this section shall be grounds for the secretary of state to proceed to use his powers to revoke or suspend a certificate of registration or bar an individual from registration as provided in section 24-6-305.
Source: L. 77: Entire section added, p. 1152, § 6, effective June 19. L. 79: (1) amended, p. 1638, § 40, effective July 19.
24-6-305. Powers of the secretary of state - granting and revoking of certificates - barring from registration - imposition of penalties - notification of substantial violation. (1) It is the duty and responsibility of the secretary of state:
(a) To grant a certificate of registration as a lobbyist to any individual who registers under the provisions of this section and who supplies the information required in this part 3;
(b) To revoke the certificate of registration of any individual who has been convicted of violating any of the provisions of this part 3;
(c) and (d) Repealed.
(e) To revoke the certificate of registration of any individual whose lobbying privileges before the general assembly have been suspended following action on a written complaint against the person in accordance with the rules on lobbying practices promulgated by the general assembly.
(1.5) (a) In the case of revocation of a certificate of registration in accordance with the provisions of paragraph (b) or (e) of subsection (1) of this section, the secretary of state shall additionally indicate the revocation on the website and shall send written notice of the revocation by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1).
(b) In the case of censure that has been adopted by the general assembly, the secretary of state shall send a copy of the resolution by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1).
(2) In addition to any other powers conferred by this section, the secretary of state may:
(a) Revoke, or suspend for a maximum period of one year, or bar from registration for a maximum period of one year or the remainder of the legislative biennium, whichever is longer, the certificate of registration required by section 24-6-303 for failure to file the reports required by section 24-6-303, provide the information required by section 24-6-304.5, or pay fully any penalty imposed pursuant to section 24-6-302 (7); but no certificate may be revoked or suspended within thirty days after the failure to file such a report if, prior to the last day for filing such reports, the secretary of state has been informed in writing of extenuating circumstances justifying such failure. Any revocation or suspension of a certificate of registration or bar from registration shall be in accordance with the provisions of article 4 of this title.
(b) Adopt rules and regulations in accordance with the provisions of article 4 of this title to define, interpret, implement, and enforce the provisions of this part 3 and to prevent the evasion of the requirements of this part 3;
(c) On his or her own motion or on the verified complaint of any person, investigate the activities of any person who is or who has allegedly been engaged in lobbying and who may be in violation of the requirements of this part 3;
(d) Apply to the district court of the city and county of Denver for the issuance of an order requiring any individual who is believed by the secretary of state to be engaging in lobbying as a professional lobbyist as defined in section 24-6-301 without having received a certificate of registration as required by the provisions of section 24-6-303 to produce documentary evidence which is relevant or material or to give testimony which is relevant or material to the matter in question.
(3) If the secretary of state has reasonable grounds to believe that any person is in violation of section 24-6-302 or 24-6-303, the secretary of state may, after notice has been given and a hearing held in accordance with the provisions of article 4 of this title, issue a cease-and-desist order. Such order shall set forth the provisions of this part 3 found to be violated and the facts found to be the violation. Any person subject to a cease-and-desist order shall be entitled, upon request, to judicial review in accordance with the provisions of article 4 of this title.
(4) The secretary of state shall timely inform the president of the state senate and the speaker of the state house of representatives whenever the secretary of state has reasonable grounds to believe that a violation of section 24-6-302 or 24-6-303 has occurred that the secretary of state deems substantial.
Source: Initiated 72. L. 73: p. 1664, § 1. C.R.S. 1963: § 3-37-305. L. 77: (1)(c) and (1)(d) repealed, (2) amended, and (3) added, pp. 1153, 1154, §§ 7, 12, effective June 19. L. 79: (1)(a), (1)(b), and (2)(d) amended, p. 1638, § 41, effective July 19. L. 96: (2)(a) amended, p. 1084, § 5, effective August 7. L. 2001: (3) amended and (4) added, p. 150, § 4, effective July 1. L. 2010: (1)(e) and (1.5) added and (2) amended, (SB 10-087), ch. 407, p. 2015, §§ 6, 7, effective June 10. L. 2014: (1.5) amended, (SB 14-217), ch. 398, p. 2005, § 4, effective July 1, 2015.
24-6-306. Employment of legislators, legislative employees, or state employees - filing of statement. If any person who engages in lobbying employs or causes his employer to employ any member of the general assembly, any member of a rule-making board or commission, any rule-making official of a state agency, any employee of the general assembly, or any full-time state employee who remains in the partial employ of the state or any agency thereof, the new employer shall file a statement under oath with the secretary of state within fifteen days after such employment. The statement shall specify the nature of the employment, the name of the individual to be paid thereunder, and the amount of pay or consideration to be paid thereunder.
Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-306. L. 77: Entire section amended, p. 1154, § 8, effective June 19. L. 79: Entire section amended, p. 1638, § 42, effective July 19.
24-6-307. Employment of unregistered persons. It is unlawful for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, an individual to engage in lobbying who is not registered except upon condition that such individual register forthwith.
Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-307. L. 77: Entire section amended, p. 1154, § 9, effective June 19. L. 79: Entire section amended, p. 1639, § 43, effective July 19.
24-6-308. Prohibited practices. (1) No person engaged in lobbying shall:
(a) Make any agreement under which any consideration is to be given, transferred, or paid to any person contingent upon the passage or defeat of any legislation; the making or defeat of any rule, standard, or rate by any state agency; or the approval or veto of any legislation by the governor of this state;
(b) Knowingly attempt to deceive, or make a false statement to, a covered official regarding any material fact relating to a matter that is within the scope of duties of the covered official;
(c) Conceal from a covered official the identity of the person or entity for whom the lobbyist is lobbying;
(d) Knowingly use a fictitious name, or a real name without the consent of the person whose name is used, to communicate with a covered official;
(e) Knowingly represent an interest adverse to the lobbyist's client without first obtaining the consent of the client after full disclosure by the lobbyist of the adverse interest;
(f) Make any form of payment to a covered official as compensation for any interest in real or personal property or the provision of services in excess of the amount of compensation that would be paid by a person who is not a lobbyist for such interest or services in the ordinary course of business;
(g) Make a loan to a covered official or engage in any other transaction with a covered official with the intention of making the covered official personally obligated to the lobbyist;
(h) Attempt to influence the vote of a covered official in connection with any pending matter by threat of a political reprisal, including without limitation the promise of financial support of, or opposition to, the covered official's candidacy at any future election;
(i) Seek to influence a covered official by communicating with the covered official's employer;
(j) Cause to be introduced, or influence the introduction of, any bill, resolution, amendment, standard, rule, or rate for the purpose of afterwards being employed to secure its passage or defeat;
(k) Receive compensation for lobbying while serving as a state officer or employee of the state central committee of a political party;
(l) Make a campaign contribution in excess of the applicable limitations established by law or rule or make, solicit, or promise to solicit a campaign contribution during the period when lobbyists are prohibited from making such contributions under section 1-45-105.5, C.R.S.;
(m) Employ, subcontract, or pay compensation to a person for lobbying who has not registered as a lobbyist; or
(n) Engage in any other practice that discredits the practice of lobbying or the general assembly.
(2) Any person who believes that a lobbyist has committed any act or omission in violation of this section may file a complaint with the secretary of state or any member of the executive committee of the general assembly in accordance with the procedures for filing a complaint against a lobbyist under the joint rules of the senate and the house of representatives. Upon receipt of a complaint, the secretary of state may act upon alleged violations of this section to enforce governing laws or rules or may refer the matter to the executive committee of the general assembly.
Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-308. L. 77: Entire section amended, p. 1154, § 10, effective June 19. L. 2010: Entire section amended, (SB 10-087), ch. 407, p. 2016, § 8, effective June 10. L. 2014: (1)(e) amended, (SB 14-217), ch. 398, p. 2005, § 5, effective July 1, 2015.
24-6-309. Offenses - penalties - injunctions. (1) Any person who violates any of the provisions of this part 3, except for the commission of any of the practices listed in section 24-6-308 (1)(b) to (1)(e) and (1)(h) to (1)(n), willfully files any document provided for in this part 3 that contains any materially false statement or material omission, or willfully fails to comply with any material requirement of this part 3 commits a petty offense.
(2) Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this part 3 or any rule or order under this part 3, the secretary of state may bring an action in district court to enjoin the acts or practices and to enforce compliance with this part 3 or any rule or order under this part 3.
Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-309. L. 77: (2) R&RE, p. 1154, § 11, effective July 1, 1979. L. 78: (2) R&RE, p. 266, § 66, effective May 23. L. 2014: (1) amended, (SB 14-119), ch. 106, p. 392, § 1, effective April 7. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3224, § 404, effective March 1, 2022.
Editor's note: The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
PART 4
OPEN MEETINGS LAW
24-6-401. Declaration of policy. It is declared to be a matter of statewide concern and the policy of this state that the formation of public policy is public business and may not be conducted in secret.
Source: Initiated 72. L. 73: p. 1666, § 1. C.R.S. 1963: § 3-37-401. L. 91: Entire section amended, p. 815, § 1, effective June 1.
24-6-402. Meetings - open to public - legislative declaration - definitions. (1) For the purposes of this section:
(a) (I) Local public body means any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body.
(II) Notwithstanding subsection (1)(a)(I) of this section, in order to assure school board transparency local public body shall include members of a board of education, school administration personnel, or a combination thereof who are involved in a meeting with a representative of employees at which a collective bargaining agreement is discussed.
(III) Notwithstanding subsection (1)(a)(I) of this section, local public body includes the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22.
(IV) Notwithstanding subsection (1)(a)(I) of this section, local public body includes the board of trustees, created in section 24-51-202, of the public employees' retirement association, created in section 24-51-201.
(b) Meeting means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication.
(c) Political subdivision of the state includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district.
(d) (I) State public body means any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the state public body.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), state public body does not include the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, C.R.S.
(2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.
(b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.
(c) (I) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible.
(II) The general assembly hereby finds and declares that:
(A) It is the intent of the general assembly that local governments transition from posting physical notices of public meetings in physical locations to posting notices on a website, social media account, or other official online presence of the local government to the greatest extent practicable;
(B) It is the intent of the general assembly to relieve a local government of the requirement to physically post meeting notices, with certain exceptions, if the local government complies with the requirements of online posted notices of meetings;
(C) A number of factors may affect the ability of some local governments to easily establish a website, post meeting notices online, and otherwise benefit from having an online presence, including the availability of broadband or reliable broadband, the lack of cellular telephone and data services, and fiscal or staffing constraints of the local government;
(D) Local governments are encouraged to avail themselves of existing free resources for creating a website and receiving content management assistance from the Colorado statewide internet portal authority and statewide associations representing local governmental entities; and
(E) It is the intent of the general assembly to closely monitor the transition to providing notices of public meetings online over the next two years and, if significant progress is not made, to bring legislation mandating in statute that all notices be posted online except in very narrow circumstances that are beyond the control of a local government.
(III) On and after July 1, 2019, a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body. The notice must be accessible at no charge to the public. The local public body shall, to the extent feasible, make the notices searchable by type of meeting, date of meeting, time of meeting, agenda contents, and any other category deemed appropriate by the local public body and shall consider linking the notices to any appropriate social media accounts of the local public body. A local public body that provides notice on a website pursuant to this subsection (2)(c)(III) shall provide the address of the website to the department of local affairs for inclusion in the inventory maintained pursuant to section 24-32-116. A local public body that posts a notice of a public meeting on a public website pursuant to this subsection (2)(c)(III) may in its discretion also post a notice by any other means including in a designated public place pursuant to subsection (2)(c)(I) of this section; except that nothing in this section shall be construed to require such other posting. A local public body that posts notices of public meetings on a public website pursuant to this subsection (2)(c)(III) shall designate a public place within the boundaries of the local public body at which it may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online.
(IV) For purposes of this section, local public body includes municipalities, counties, school districts, and special districts.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session.
(II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session.
(III) If elected officials exchange electronic mail to discuss pending legislation or other public business among themselves, the electronic mail is subject to the requirements of this section. Electronic mail communication between elected officials that does not relate to the merits or substance of pending legislation or other public business, including electronic mail communication regarding scheduling and availability or electronic mail communication that is sent by an elected official for the purpose of forwarding information, responding to an inquiry from an individual who is not a member of the state or local public body, or posing a question for later discussion by the public body, shall not be considered a meeting within the meaning of this section. For purposes of this subsection (2)(d)(III), merits or substance means any discussion, debate, or exchange of ideas, either generally or specifically, related to the essence of any public policy proposition, specific proposal, or any other matter being considered by the governing entity.
(IV) Neither a state nor a local public body may adopt any proposed policy, position, resolution, rule, or regulation or take formal action by secret ballot unless otherwise authorized in accordance with the provisions of this subparagraph (IV). Notwithstanding any other provision of this section, a vote to elect leadership of a state or local public body by that same public body may be taken by secret ballot, and a secret ballot may be used in connection with the election by a state or local public body of members of a search committee, which committee is otherwise subject to the requirements of this section, but the outcome of the vote shall be recorded contemporaneously in the minutes of the body in accordance with the requirements of this section. Nothing in this subparagraph (IV) shall be construed to affect the authority of a board of education to use a secret ballot in accordance with the requirements of section 22-32-108 (6), C.R.S. For purposes of this subparagraph (IV), secret ballot means a vote cast in such a way that the identity of the person voting or the position taken in such vote is withheld from the public.
(d.5) (I) (A) Discussions that occur in an executive session of a state public body shall be electronically recorded. If a state public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the state public body shall continue to electronically record the minutes of its open meetings that occur on or after August 8, 2001; except that electronic recording shall not be required for two successive meetings of the state public body while the regularly used electronic equipment is inoperable. A state public body may satisfy the electronic recording requirements of this sub-subparagraph (A) by making any form of electronic recording of the discussions in an executive session of the state public body. Except as provided in sub-subparagraph (B) of this subparagraph (I), the electronic recording of an executive session shall reflect the specific citation to the provision in subsection (3) of this section that authorizes the state public body to meet in an executive session and the actual contents of the discussion during the session. The provisions of this sub-subparagraph (A) shall not apply to discussions of individual students by a state public body pursuant to paragraph (b) of subsection (3) of this section.
(B) If, in the opinion of the attorney who is representing a governing board of a state institution of higher education, including the regents of the university of Colorado, and is in attendance at an executive session that has been properly announced pursuant to paragraph (a) of subsection (3) of this section, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording shall be required to be kept of the part of the discussion that constitutes a privileged attorney-client communication. The electronic recording of said executive session discussion shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the governing board of a state institution of higher education, including the regents of the university of Colorado, as stated for the record during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the governing board of a state institution of higher education, including the regents of the university of Colorado, may provide a signed statement attesting that the portion of the executive session that was not recorded constituted a privileged attorney-client communication in the opinion of the attorney.
(C) If a court finds, upon application of a person seeking access to the record of the executive session of a state public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that the state public body engaged in substantial discussion of any matters not enumerated in subsection (3) of this section or that the body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of paragraph (a) of subsection (3) of this section, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in subsection (3) of this section or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection pursuant to section 24-72-204 (5.5).
(D) No portion of the record of an executive session of a state public body shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the state public body or as provided in sub-subparagraph (C) of this subparagraph (I) and section 24-72-204 (5.5).
(E) The record of an executive session of a state public body recorded pursuant to sub-subparagraph (A) of this subparagraph (I) shall be retained for at least ninety days after the date of the executive session.
(II) (A) Discussions that occur in an executive session of a local public body shall be electronically recorded. If a local public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the local public body shall continue to electronically record the minutes of its open meetings that occur on or after August 8, 2001; except that electronic recording shall not be required for two successive meetings of the local public body while the regularly used electronic equipment is inoperable. A local public body may satisfy the electronic recording requirements of this sub-subparagraph (A) by making any form of electronic recording of the discussions in an executive session of the local public body. Except as provided in sub-subparagraph (B) of this subparagraph (II), the electronic recording of an executive session shall reflect the specific citation to the provision in subsection (4) of this section that authorizes the local public body to meet in an executive session and the actual contents of the discussion during the session. The provisions of this sub-subparagraph (A) shall not apply to discussions of individual students by a local public body pursuant to paragraph (h) of subsection (4) of this section.
(B) If, in the opinion of the attorney who is representing the local public body and who is in attendance at an executive session that has been properly announced pursuant to subsection (4) of this section, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording shall be required to be kept of the part of the discussion that constitutes a privileged attorney-client communication. The electronic recording of said executive session discussion shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the local public body, as stated for the record during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the local public body may provide a signed statement attesting that the portion of the executive session that was not recorded constituted a privileged attorney-client communication in the opinion of the attorney.
(C) If a court finds, upon application of a person seeking access to the record of the executive session of a local public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that the local public body engaged in substantial discussion of any matters not enumerated in subsection (4) of this section or that the body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of subsection (4) of this section, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in subsection (4) of this section or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection pursuant to section 24-72-204 (5.5).
(D) No portion of the record of an executive session of a local public body shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the local public body or as provided in sub-subparagraph (C) of this subparagraph (II) and section 24-72-204 (5.5).
(E) Except as otherwise required by section 22-32-108 (5)(e), C.R.S., the record of an executive session of a local public body recorded pursuant to sub-subparagraph (A) of this subparagraph (II) shall be retained for at least ninety days after the date of the executive session.
(e) This part 4 does not apply to any chance meeting or social gathering at which discussion of public business is not the central purpose.
(f) The provisions of paragraph (c) of this subsection (2) shall not be construed to apply to the day-to-day oversight of property or supervision of employees by county commissioners. Except as set forth in this paragraph (f), the provisions of this paragraph (f) shall not be interpreted to alter any requirements of paragraph (c) of this subsection (2).
(2.5) (a) For purposes of applying subsections (2)(c)(I) and (2)(d)(I) of this section to a meeting of a state public body of the general assembly, a quorum must be contemporaneous.
(b) Notwithstanding subsections (1)(b) and (2)(d)(III) of this section, any form of written communication, electronic or otherwise, exchanged by two or more members of the general assembly is not subject to this part 4, but any records of the communication are subject to disclosure to the extent required by the Colorado Open Records Act, part 2 of article 72 of title 24.
(c) For purposes of the application of this part 4 to the general assembly, public business:
(I) Means:
(A) Introduced legislation, including bills, resolutions, and memorials;
(B) Proposed legislation, which includes a bill, resolution, or memorial, if a draft of the proposed legislation prepared by the office of legislative legal services is being discussed by a quorum of a statutory committee or a committee of reference during a regular or special legislative session of the general assembly or by a quorum of any type of interim committee; or
(C) Other matters before a statutory committee, any type of interim committee, or a committee of reference; and
(II) Does not include matters that are by nature interpersonal, administrative, or logistical or that concern personnel, planning, process, training, or operations, if the merits or substance of matters set forth in subsection (2.5)(c)(I) of this section are not discussed. As used in this subsection (2.5)(c)(II), merits or substance has the same meaning as set forth in subsection (2)(d)(III) of this section.
(3) (a) The members of a state public body subject to this part 4, upon the announcement by the state public body to the public of the topic for discussion in the executive session, including specific citation to the provision of this subsection (3) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the entire membership of the body after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the matters enumerated in subsection (3)(b) of this section or the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subsection (2)(d.5)(I) of this section, shall occur at any executive session that is not open to the public:
(I) The purchase of property for public purposes, or the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of the state public body shall use this paragraph (a) as a subterfuge for providing covert information to prospective buyers or sellers. Governing boards of state institutions of higher education including the regents of the university of Colorado may also consider the acquisition of property as a gift in an executive session, only if such executive session is requested by the donor.
(II) Conferences with an attorney representing the state public body concerning disputes involving the public body that are the subject of pending or imminent court action, concerning specific claims or grievances, or for purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of a state public body is not sufficient to satisfy the requirements of this subsection (3).
(III) Matters required to be kept confidential:
(A) By federal law or rules;
(B) By state statutes;
(C) In accordance with the requirements of any joint rule of the senate and house of representatives pertaining to lobbying practices, the workplace harassment policy, or the workplace expectations policy; or
(D) In accordance with the requirements of the workplace harassment policy;
(IV) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;
(V) Determining positions relative to matters that may be subject to negotiations with employees or employee organizations; developing strategy for and receiving reports on the progress of such negotiations; and instructing negotiators;
(VI) With respect to the board of regents of the university of Colorado and the board of directors of the university of Colorado hospital authority created pursuant to article 21 of title 23, C.R.S., matters concerning the modification, initiation, or cessation of patient care programs at the university hospital operated by the university of Colorado hospital authority pursuant to part 5 of article 21 of title 23, C.R.S., (including the university of Colorado psychiatric hospital), and receiving reports with regard to any of the above, if premature disclosure of information would give an unfair competitive or bargaining advantage to any person or entity;
(VII) With respect to nonprofit corporations incorporated pursuant to section 23-5-121 (2), C.R.S., matters concerning trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data furnished by or obtained from any person;
(VIII) With respect to the governing board of a state institution of higher education and any committee thereof, consideration of nominations for the awarding of honorary degrees, medals, and other honorary awards by the institution and consideration of proposals for the naming of a building or a portion of a building for a person or persons.
(b) (I) All meetings held by members of a state public body subject to this part 4 to consider the appointment or employment of a public official or employee or the dismissal, discipline, promotion, demotion, or compensation of, or the investigation of charges or complaints against, a public official or employee shall be open to the public unless said applicant, official, or employee requests an executive session. Governing boards of institutions of higher education including the regents of the university of Colorado may, upon their own affirmative vote, hold executive sessions to consider the matters listed in this paragraph (b). Executive sessions may be held to review administrative actions regarding investigation of charges or complaints and attendant investigative reports against students where public disclosure could adversely affect the person or persons involved, unless the students have specifically consented to or requested the disclosure of such matters. An executive session may be held only at a regular or special meeting of the state public body and only upon the announcement by the public body to the public of the topic for discussion in the executive session and the affirmative vote of two-thirds of the entire membership of the body after such announcement.
(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply to discussions concerning any member of the state public body, any elected official, or the appointment of a person to fill the office of a member of the state public body or an elected official or to discussions of personnel policies that do not require the discussion of matters personal to particular employees.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (3), the state board of parole created in part 2 of article 2 of title 17, C.R.S., may proceed in executive session to consider matters connected with any parole proceedings under the jurisdiction of said board; except that no final parole decisions shall be made by said board while in executive session. Such executive session may be held only at a regular or special meeting of the state board of parole and only upon the affirmative vote of two-thirds of the membership of the board present at such meeting.
(d) Notwithstanding any provision of paragraph (a) or (b) of this subsection (3) to the contrary, upon the affirmative vote of two-thirds of the members of the governing board of an institution of higher education who are authorized to vote, the governing board may hold an executive session in accordance with the provisions of this subsection (3).
(3.5) A search committee of a state public body or local public body shall establish job search goals, including the writing of the job description, deadlines for applications, requirements for applicants, selection procedures, and the time frame for appointing or employing a chief executive officer of an agency, authority, institution, or other entity at an open meeting. The state or local public body shall name one or more candidates as finalists for the position of chief executive officer. The state or local public body shall make public the finalist or finalists under consideration for the position of chief executive officer no later than fourteen days prior to appointing or employing a finalist to fill the position. No offer of appointment or employment shall be made prior to this public notice. Records submitted by or on behalf of a finalist for such position shall be subject to section 24-72-204 (3)(a)(XI). Nothing in this subsection (3.5) shall be construed to prohibit a search committee from holding an executive session to consider appointment or employment matters not described in this subsection (3.5) and otherwise authorized by this section.
(4) The members of a local public body subject to this part 4, upon the announcement by the local public body to the public of the topic for discussion in the executive session, including specific citation to this subsection (4) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the quorum present, after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subsection (2)(d.5)(II) of this section, shall occur at any executive session that is not open to the public:
(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale;
(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection (4).
(c) Matters required to be kept confidential by federal or state law or rules and regulations. The local public body shall announce the specific citation of the statutes or rules that are the basis for such confidentiality before holding the executive session.
(d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;
(e) (I) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.
(II) Subsection (4)(e)(I) of this section shall not apply to a meeting of the members of a board of education of a school district:
(A) During which negotiations relating to collective bargaining, as defined in section 8-3-104 (3), are discussed; or
(B) During which negotiations for employment contracts, other than negotiations for an individual employee's contract, are discussed.
(III) Notwithstanding subsection (4)(e)(II) of this section, the members of a board of education of a school district may hold an executive session in accordance with the requirements of this subsection (4)(e) for the purpose of developing the strategy of the school district for negotiations relating to collective bargaining or employment contracts.
(f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. With respect to hearings held pursuant to the Teacher Employment, Compensation, and Dismissal Act of 1990, article 63 of title 22, C.R.S., the provisions of section 22-63-302 (7)(a), C.R.S., shall govern in lieu of the provisions of this subsection (4).
(II) The provisions of subparagraph (I) of this paragraph (f) shall not apply to discussions concerning any member of the local public body, any elected official, or the appointment of a person to fill the office of a member of the local public body or an elected official or to discussions of personnel policies that do not require the discussion of matters personal to particular employees.
(g) Consideration of any documents protected by the mandatory nondisclosure provisions of the Colorado Open Records Act, part 2 of article 72 of this title; except that all consideration of documents or records that are work product as defined in section 24-72-202 (6.5) or that are subject to the governmental or deliberative process privilege shall occur in a public meeting unless an executive session is otherwise allowed pursuant to this subsection (4);
(h) Discussion of individual students where public disclosure would adversely affect the person or persons involved.
(i) (I) If the local public body is the board of education of a school district, the governing body of a district charter school that is authorized pursuant to part 1 of article 30.5 of title 22, or the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, negotiations concerning the terms of an employment contract with one or more finalists for the position of chief executive officer if:
(A) The board or governing body has named more than one candidate as a finalist for the position of chief executive officer pursuant to subsection (3.5) of this section; and
(B) The board or governing body holds a forum open to the public to conduct interviews with each of the finalists.
(II) The board or governing body may, in addition to interviewing finalists in a public forum, interview finalists in executive session.
(III) The board or governing body may instruct personnel and representatives to begin contract negotiations with one or more candidates in executive session, including the necessary process to prioritize, for the purposes of negotiation, one or more finalists after public forums have been completed.
(IV) Prioritizing among the finalists and beginning negotiations with one or more of the finalists shall not constitute formal action or adoption by the board or governing body. Such formal action occurs only when the board or governing body comes into public session and casts votes on their preferred next chief executive officer. No formal adoption is deemed to have taken place until a public vote has occurred.
(V) As used in this subsection (4)(i), chief executive officer means a superintendent of a school district or a chief executive officer of a charter school.
(5) (Deleted by amendment, L. 96, p. 691, §1, effective July 1, 1996.)
(6) The limitations imposed by subsections (3), (4), and (5) of this section do not apply to matters which are covered by section 14 of article V of the state constitution.
(7) The secretary or clerk of each state public body or local public body shall maintain a list of persons who, within the previous two years, have requested notification of all meetings or of meetings when certain specified policies will be discussed and shall provide reasonable advance notification of such meetings, provided, however, that unintentional failure to provide such advance notice will not nullify actions taken at an otherwise properly published meeting. The provisions of this subsection (7) shall not apply to the day-to-day oversight of property or supervision of employees by county commissioners, as provided in paragraph (f) of subsection (2) of this section.
(8) No resolution, rule, regulation, ordinance, or formal action of a state or local public body shall be valid unless taken or made at a meeting that meets the requirements of subsection (2) of this section.
(9) (a) Any person denied or threatened with denial of any of the rights that are conferred on the public by this part 4 has suffered an injury in fact and, therefore, has standing to challenge the violation of this part 4.
(b) The courts of record of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. In any action in which the court finds a violation of this section, the court shall award the citizen prevailing in such action costs and reasonable attorney fees. In the event the court does not find a violation of this section, it shall award costs and reasonable attorney fees to the prevailing party if the court finds that the action was frivolous, vexatious, or groundless.
(10) Any provision of this section declared to be unconstitutional or otherwise invalid shall not impair the remaining provisions of this section, and, to this end, the provisions of this section are declared to be severable.
Source: Initiated 72. L. 73: p. 1666, § 1. C.R.S. 1963: § 3-37-402. L. 77: (1) and (2) amended and (3) added, pp. 1155, 1157, §§ 1, 1, effective June 19. L. 85: (2.6) added, p. 644, § 6, effective June 19. L. 87: (1), (2.3)(a), (2.3)(b), and (2.5) amended and (2.3)(f) added, p. 926, § 1, effective March 27. L. 89: (2.3)(f) amended, p. 1004, § 4, effective October 1. L. 91: Entire section amended, p. 815, § 2, effective June 1; (3)(a)(VI) amended, p. 586, § 6, effective October 1. L. 92: (2)(f) added, p. 972, § 1, effective April 23. L. 96: (2)(d)(III) added, p. 1480, § 2, effective June 1; (1)(b), (1)(d), (2)(d), IP(3)(a), (3)(a)(II), (3)(a)(V), (3)(b), IP(4), (4)(c), (5), and (7) amended and (3.5) added, p. 691, § 1, effective July 1. L. 97: (3.5) amended, p. 320, § 1, effective April 14. L. 99: (4)(g) amended, p. 205, § 1, effective March 31. L. 2000: (1)(d) amended and (3)(a)(VII) added, pp. 414, 415, §§ 4, 5, effective April 13. L. 2001: (3)(a)(III) amended, p. 150, § 5, effective March 27; (2)(d.5) added and IP(3)(a), (3)(b), IP(4), and (4)(f) amended, pp. 1069, 1072, §§ 1, 2, effective August 8. L. 2002: (3)(a)(IV) and (4)(d) amended, p. 238, § 7, effective April 12; (2)(d.5)(I)(A) and (2)(d.5)(II)(A) amended, p. 643, § 3, effective May 24; (3)(a)(VIII) added, p. 85, § 1, effective August 7. L. 2006: (2)(d.5)(I)(A), (2)(d.5)(I)(B), (2)(d.5)(II)(A), and (2)(d.5)(II)(B) amended, p. 9, § 1, effective August 7. L. 2009: (2)(d.5)(I)(B) and (3)(a)(II) amended, (HB 09-1124), ch. 94, p. 359, § 1, effective August 5; (4)(g) amended, (SB 09-292), ch. 369, p. 1967, § 74, effective August 5. L. 2010: (3)(d) added, (SB 10-003), ch. 391, p. 1859, § 40, effective June 9. L. 2012: (2)(d)(IV) added, (HB 12-1169), ch. 64, p. 227, § 1, effective March 24. L. 2014: (2)(d.5)(II)(E) amended, (SB 14-182), ch. 393, p. 1986, § 2, effective June 6; (9) amended, (HB 14-1390), ch. 380, p. 1859, § 1, effective June 6. Initiated 2014: (1)(a) and (4)(e) amended, L. 2015, p. 2203, § 1, effective upon proclamation of the governor, December 17, 2014. L. 2016: (1)(a)(III) added and (1)(d) amended, (HB 16-1422), ch. 351, p. 1436, § 15, effective June 10. L. 2019: IP(3)(a) and (3)(a)(III) amended, (SB 19-244), ch. 243, p. 2377, § 2, effective May 20; (2)(c) amended, (HB 19-1087), ch. 134, p. 608, § 1, effective August 2; IP(4) and (4)(e) amended, (HB 19-1201), ch. 98, p. 359, § 1, effective September 1. L. 2021: (2)(c)(IV) amended, (SB 21-268), ch. 222, p. 1185, § 23, effective June 11; (3.5) amended, (HB 21-1051), ch. 183, p. 986, § 2, effective September 7; (2)(d)(III) amended, (HB 21-1025), ch. 24, p. 110, § 1, effective September 7. L. 2022: (4)(i) added, (HB 22-1110), ch. 66, p. 327, § 1, effective April 4. L. 2024: (2.5) added, (SB 24-157), ch. 23, p. 65, § 2, effective March 12; (3)(a)(III) amended, (SB 24-160), ch. 445, p. 3115, § 2, effective August 7. L. 2025: (1)(a)(II) and (1)(a)(III) amended and (1)(a)(IV) added, (SB 25-147), ch. 369, p. 1992, § 1, effective June 3.
Editor's note: (1) Subsection (2.3)(f) was amended by House Bill No. 1143, enacted by the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. Since the previous act was declared unconstitutional in its entirety, the General Assembly elected to make a similar conforming amendment in Senate Bill 91-225. However, subsection (2.3)(f) was amended in Senate Bill 91-33, enacted by the General Assembly at its first regular session in 1991. The provisions of said subsection (2.3)(f) were moved to subsection (3)(a), and, therefore, said subsection was the version amended. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991.
(2) The vote count on the measure at the general election held November 4, 2014, was as follows:
FOR: 1,364,747
AGAINST: 582,473
Cross references: For the legislative declaration contained in the 1996 act enacting subsection (2)(d)(III), see section 1 of chapter 271, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsections (2)(d.5)(I)(A) and (2)(d.5)(II)(A), see section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (3)(d), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in HB 24-1051, see section 1 of chapter 183, Session Laws of Colorado 2021. For the legislative declaration in SB 24-157, see section 1 of chapter 23, Session Laws of Colorado 2024.
PART 5
ENCRYPTION OF RADIO COMMUNICATIONS
BY GOVERNMENTAL ENTITIES
24-6-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) Encryption means the encoding of voice communication on an analog or digitally modulated radio carrier, which encoding renders the communication difficult or impossible to be monitored by commercially available radio receivers or scanners.
(2) Law enforcement agency means a municipal police department or a county sheriff's office.
(3) Media means a news media entity associated with a statewide organization representing FCC-licensed broadcasting entities or a statewide organization representing a majority of Colorado newspapers.
(4) Radio communications means any communication by way of transmission of a radio frequency carrier to base, mobile, or portable radio transceivers by either analog or digital modulation.
(5) Scanner means a radio receiver designed for the purpose of monitoring multiple radio carriers simultaneously.
Source: L. 2021: Entire part added, (HB 21-1250), ch. 458, p. 3069, § 19, effective July 6.
24-6-502. Public broadcast of governmental radio communications - encryption policy. A law enforcement agency that encrypts all of its radio communications shall create a communications access policy, through collaboration with Colorado-based media outlets, that includes an agreement governing access for the media to primary dispatch channels or talk groups through commercially available radio receivers, scanners, or any other feasible technology. The policy may include, but is not limited to, verification of media credentials; reasonable restrictions on the use of the commercially available radio receivers, scanners, or other feasible technology; and financial or other costs related to the sale, lease, or loan of the commercially available radio receivers, scanners, or any other feasible technology.
Source: L. 2021: Entire part added, (HB 21-1250), ch. 458, p. 3069, § 19, effective July 6.
ARTICLE 7
State Security Officers
24-7-100.2. Legislative declaration. (1) The general assembly hereby finds that the efforts of security officers employed by institutions of higher education to protect the persons and property of their environments are important elements of effective public safety management.
(2) The general assembly acknowledges the operational and environmental acumen of security officers of institutions of higher education regarding their facilities and the importance of including representatives of the institutions in emergency preparedness planning and training efforts conducted by local law enforcement agencies and emergency planning agencies intended to reduce the likelihood of, and develop effective responses to, emergency situations occurring at their facilities.
(3) The general assembly hereby encourages ongoing cooperation efforts among local law enforcement agencies, emergency planning agencies, and the security officers of institutions of higher education regarding emergency preparedness and response planning and training and development of communication capabilities supporting effective coordination among these groups during emergencies.
Source: L. 2008: Entire section added, p. 87, § 5, effective March 18.
24-7-101. State institutions authorized to employ security officers. The institutions, agencies, and departments of state government, including any institution of higher education, are hereby authorized to employ security officers to protect the property of the institution, agency, or department employing the officer and to perform other police, security, and administrative functions as may be deemed necessary.
Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-1. L. 2008: Entire section amended, p. 87, § 6, effective March 18.
24-7-102. Supervision and control. The security officers employed pursuant to this article shall be under the control and supervision of the governing authority or head of the employing state institution. The governing authorities or heads of the state institutions, agencies, and departments shall provide appropriate credentials for the officers. The employing institution, department, or agency may permit its security officers that have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., to hold and receive such other law enforcement commissions or appointments as are appropriate to carry out their duties.
Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-2. L. 2008: Entire section amended, p. 87, § 7, effective March 18.
24-7-103. Powers conferred. (1) Security officers employed and commissioned pursuant to this article that have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., when operating on state owned or leased property, are hereby granted all the powers conferred by law upon peace officers to carry weapons and to make arrests.
(2) When not on state owned or leased property, security officers employed and commissioned pursuant to this article shall not have any authority not possessed by private citizens to arrest, investigate, or carry weapons. This subsection (2) shall not apply to peace officers as described in section 16-2.5-101, C.R.S.
Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-3. L. 2002: Entire section amended, p. 840, § 2, effective May 30. L. 2003: (2) amended, p. 1622, § 38, effective August 6. L. 2008: (1) amended, p. 87, § 8, effective March 18.
24-7-104. State property not exempt from local law enforcement. Nothing in this article shall be construed to exempt state property from the authority of law enforcement agencies within whose jurisdiction the state property is located; except that representatives of the law enforcement agencies shall coordinate their official actions on state property with the appropriate security officers or police officers, except when emergency circumstances preclude such coordination.
Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-4. L. 2008: Entire section amended, p. 88, § 9, effective March 18.
24-7-105. Officers' qualifications. Security officers shall be at least twenty-one years of age and shall possess such other qualifications as may be specified by the state personnel director, including continuing training as may be prescribed by the said director.
Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-5. L. 94: Entire section amended, p. 1731, § 10, effective May 31.
Cross references: For provisions concerning the Colorado law enforcement training academy, see part 3 of article 33.5 of this title.
24-7-106. Peace officers standards and training board evaluation and recommendation - legislative authorization of peace officer status required. Notwithstanding other provisions of this article, a person or group of persons employed as security officers or guards by any institution, agency, or department of state government, including any institution of higher education, shall not be designated as peace officers, after June 3, 2004, without completing the peace officer standards and training board processes described in sections 16-2.5-201 and 16-2.5-202, C.R.S., and obtaining the legislative authorization described in section 16-2.5-101, C.R.S.
Source: L. 2008: Entire section added, p. 88, § 10, effective March 18.
ARTICLE 7.5
Colorado Higher Education Police Officers
24-7.5-101. State institutions of higher education authorized to employ police officers. The state institutions of higher education are authorized to employ police officers to provide law enforcement and property protection for the institution employing the officers and to perform other police, emergency planning, community safety, and administrative functions as may be deemed necessary.
Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.
24-7.5-102. Supervision and control. State higher education police officers employed pursuant to this article shall be under the supervision and control of the governing board of the employing state institution of higher education or its designee. The governing board or head of the state institution of higher education shall provide institutional police commissions and other appropriate credentials for the police officers. The employing institution may permit its police officers to hold and receive other law enforcement commissions or appointments as are appropriate to carry out their duties.
Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.
24-7.5-103. Powers conferred. (1) State higher education police officers employed and commissioned pursuant to this article, when operating on property owned or leased by the state institution of higher education, are granted all the powers conferred by law upon peace officers to carry weapons and make arrests.
(2) When not on property owned or leased by the state institution of higher education, state higher education police officers shall not have any greater authority than that conferred upon peace officers by section 16-3-110, C.R.S.
Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.
24-7.5-104. State institution of higher education property not exempt from local law enforcement. Nothing in this article shall be construed to exempt the property of a state institution of higher education from the authority of law enforcement agencies within whose jurisdiction the property is located; except that representatives of the law enforcement agencies shall coordinate their official actions on the property with the appropriate higher education police officers, except when emergency circumstances preclude such coordination.
Source: L. 2008: Entire article added, p. 89, § 11, effective March 18.
24-7.5-105. Officers' qualifications. State higher education police officers shall be at least twenty-one years of age and shall possess other qualifications as may be specified by the state personnel director, including continuing training as may be prescribed by the director. State higher education police officers shall be certified by the peace officers standards and training board.
Source: L. 2008: Entire article added, p. 89, § 11, effective March 18.
24-7.5-106. Peace officers standards and training board evaluation and recommendation - legislative authorization of peace officer status required. Notwithstanding any other provision of this article, a person or group of persons employed by any institution of higher education shall not be designated as police officers after June 3, 2004, without completing the peace officers standards and training board processes described in sections 16-2.5-201 and 16-2.5-202, C.R.S., and obtaining the certification described in section 16-2.5-102, C.R.S.
Source: L. 2009: Entire section added, (SB 09-097), ch. 110, p. 457, § 5, effective August 5.
ARTICLE 8
Governor-elect - Transition to New Administration
24-8-101. Legislative declaration. The general assembly declares it to be in the public interest that the transition from the administration of one governor to that of another be efficient and carefully planned. It is the purpose of this article to provide the governor-elect with sufficient resources to effect such a transition, including temporary office space, staff services, access to budgetary and other necessary and desirable information, and cooperation of officials and employees of the executive branch of state government.
Source: L. 69: p. 95, § 1. C.R.S. 1963: § 3-29-1.
24-8-102. Office space, supplies, and equipment. The department of personnel shall provide the governor-elect and the governor-elect's staff with suitable office space in the capitol building, together with sufficient furnishings, supplies, equipment, and telephone service for the period between the general election and the inauguration.
Source: L. 69: p. 95, § 2. C.R.S. 1963: § 3-29-2. L. 95: Entire section amended, p. 639, § 29, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-8-103. Access to information. (1) The governor and executive director of the department of personnel shall cooperate with the governor-elect and the governor-elect's staff to enable the governor-elect to adequately prepare his or her policy priorities, budget recommendations, legislative program, and messages to the general assembly. To implement the provisions of this section, the governor-elect and authorized staff shall have full access to:
(a) All reports, estimates, minutes of hearings, and other information in the executive department of state government pertaining to estimated revenues and the proposed executive budget for the next fiscal year or years;
(b) All information relating to the problems, policies, and plans of any department of the executive branch of state government;
(c) The official records of the governor's office.
Source: L. 69: p. 95, § 3. C.R.S. 1963: § 3-29-3. L. 95: IP(1) amended, p. 640, § 30, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.
24-8-104. Staff personnel - state employees. The governor-elect shall be entitled to contract for the assistance and services of persons of his own choosing for the period between the general election and the inauguration, and they shall receive reasonable compensation for their services within the limits of appropriations made under section 24-8-105. Such persons shall not otherwise be classified as state employees, nor shall they be subject to the state personnel system laws during such period. In addition, upon request of the governor-elect, the executive director of any department shall assign an employee of his department to assist the governor-elect and his staff for such time as may be necessary between the general election and the inauguration.
Source: L. 69: p. 95, § 4. C.R.S. 1963: § 3-29-4.
24-8-105. General assembly to make appropriation. At the regular session in each year in which there is a general election to elect a new governor, the general assembly shall appropriate to the department of personnel a sum of not less than ten thousand dollars to pay the necessary expenses of the governor-elect incurred between the general election and the inauguration, including, but not limited to, office supplies, postage, actual and necessary travel expenses, and compensation of administrative, secretarial, and clerical personnel. Any unexpended balance of such appropriation remaining after the payment of such expenses shall revert to the general fund.
Source: L. 69: p. 96, § 5. C.R.S. 1963: § 3-29-5. L. 95: Entire section amended, p. 640, § 31, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
ARTICLE 9
Compensation of State Officers
24-9-101. Salaries of elected state officials - definition - repeal. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows:
(a) Governor:
(I) Repealed.
(II) (A) The salary payable to the governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty-six percent of the total annual salary paid to the chief justice of the state supreme court on January 10, 2019.
(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(a) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year gubernatorial term, and applying to each year of that term, the governor's annual salary is an amount equal to sixty-six percent of the total annual salary earned by the chief justice of the supreme court on the first day of the governor's term.
(C) This subsection (1)(a)(II) is repealed, effective July 1, 2028.
(III) On or after January 1, 2027, the salary payable to the governor for each year of the four-year term being served is in the amount set by the commission.
(b) Lieutenant governor:
(I) Repealed.
(II) (A) The salary payable to the lieutenant governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.
(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(b) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the lieutenant governor's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the lieutenant governor's term.
(C) This subsection (1)(b)(II) is repealed, effective July 1, 2028.
(III) Notwithstanding any provision of this subsection (1)(b) to the contrary, if the lieutenant governor is concurrently serving as the head of a principal department and the salary for the head of that principal department is greater than that to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the head of the principal department that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the head of that principal department.
(IV) Notwithstanding any provision of this subsection (1)(b) to the contrary, if the lieutenant governor is concurrently serving as the director of the office of saving people money on healthcare within the office of the governor and the salary for the director of the office of saving people money on healthcare is greater than the amount to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the director of the office of saving people money on healthcare that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the director of the office of saving people money on healthcare.
(V) On or after January 1, 2027, the salary payable to the lieutenant governor for each year of the four-year term being served is in the amount set by the commission.
(c) President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives, while for any reason acting as governor:
(I) Before January 1, 2027, the sum of twenty dollars per day as expenses; and
(II) On or after January 1, 2027, the amount set by the commission as expenses.
(d) Attorney general:
(I) Repealed.
(II) (A) The salary payable to the attorney general for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty percent of the total annual salary paid to the chief judge of the court of appeals on January 10, 2019.
(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(d) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the attorney general's annual salary is an amount equal to sixty percent of the total annual salary earned by the chief judge of the court of appeals on the first day of the attorney general's term.
(C) This subsection (1)(d)(II) is repealed, effective July 1, 2028.
(III) On or after January 1, 2027, the salary payable to the attorney general for each year of the four-year term being served is in the amount set by the commission.
(e) Secretary of state:
(I) Repealed.
(II) (A) The salary payable to the secretary of state for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.
(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(e) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the secretary of state's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the secretary of state's term.
(C) This subsection (1)(e)(II) is repealed, effective January 1, 2028.
(III) On or after January 1, 2027, the salary payable to the secretary of state for each year of the four-year term being served is in the amount set by the commission.
(f) State treasurer:
(I) Repealed.
(II) (A) The salary payable to the state treasurer for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.
(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(f) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the state treasurer's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the state treasurer's term.
(C) This subsection (1)(f)(II) is repealed, effective July 1, 2028.
(III) On or after January 1, 2027, the salary payable to the state treasurer for each year of the four-year term being served is in the amount set by the commission.
(2) Any official who assumes his or her position by reason of filling a vacancy shall be paid the same salary as that to which the vacating official was entitled.
(3) Repealed.
(4) Nothing in this section authorizes the salary of any elected state official to be modified during the elected state official's official term.
(5) The director of research of the legislative council appointed pursuant to section 2-3-304 (1), C.R.S., shall post the amount of the current annual salary payable to each elected official pursuant to this section on the website of the general assembly. In addition, the department of each elected official shall publish the amount of the current annual salary payable to the elected official on the website of department.
(6) As used in this section, unless the context otherwise requires, commission means the independent state elected official pay commission created in section 24-9-106 (2).
Source: L. 58: p. 236, §§ 1, 2. C.R.S. 53: § 56-1-4. L. 62: pp. 155, 161, §§ 2, 1. C.R.S. 1963: § 56-1-1. L. 65: p. 162, § 13. L. 67: pp. 594, 595, §§ 1, 4. L. 70: p. 189, § 1. L. 74: (1)(e), (1)(f), and (1)(g) amended and (2) R&RE, p. 272, §§ 1, 2, effective July 1. L. 76: (1)(c) amended, p. 305, § 42, effective May 20. L. 78: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 392, § 2, effective January 1. L. 80: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 577, § 5, effective July 1. L. 85: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 801, § 1, effective July 1. L. 97: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 1176, § 2, effective May 28. L. 98: (3) added, p. 824, § 35, effective August 5. L. 2011: (1)(b) amended, (HB 11-1155), ch. 90, p. 265, § 3, effective April 6. L. 2015: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (4) and (5) added, (SB 15-288), ch. 270, p. 1056, § 1, effective January 1, 2016. L. 2016: (1)(b)(I) amended, (HB 16-1462), ch. 192, p. 681, § 2, effective May 26. L. 2019: (1)(b)(IV) added, (HB 19-1127), ch. 310, p. 2808, § 2, effective May 28. L. 2024: (1)(a)(II)(B), (1)(b)(II)(B), (1)(b)(III), (1)(b)(IV), (1)(c), (1)(d)(II)(B), (1)(e)(II)(B), (1)(f)(II)(B), and (4) amended and (1)(a)(II)(C), (1)(a)(III), (1)(b)(II)(C), (1)(b)(V), (1)(d)(II)(C), (1)(d)(III), (1)(e)(II)(C), (1)(e)(III), (1)(f)(II)(C), (1)(f)(III), and (6) added, (HB 24-1059), ch. 377, p. 2557, § 5, effective August 7.
Editor's note: (1) Subsection (3)(b) provided for the repeal of subsection (3), effective January 12, 1999. (See L. 98, p. 824.)
(2) Subsections (1)(a)(I)(B), (1)(b)(I)(B), (1)(d)(I)(B), (1)(e)(I)(B), and (1)(f)(I)(B) provided for the repeal of subsections (1)(a)(I), (1)(b)(I), (1)(d)(I), (1)(e)(I), and (1)(f)(I), respectively, effective January 10, 2019. (See L. 2015, p. 1056.)
Cross references: (1) For limitations on increase of salaries for elected officials, see § 11 of article XII, Colo. Const.
(2) For the legislative declaration in HB 24-1059, see section 1 of chapter 377, Session Laws of Colorado 2024.
24-9-102. Salaries of appointed state officials. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows:
(a) Deputy secretary of state, an amount set by the secretary of state;
(b) Deputy state treasurer, an amount set by the state treasurer;
(c) Repealed.
(d) Effective July 1, 2005, public utilities commission, each commissioner, an amount as set by the executive director of the department of regulatory agencies based on the most recent available figures contained in the quadrennial total compensation survey conducted by the state personnel director pursuant to section 24-50-104 (4)(a) and subject to review by the state auditor and the general assembly pursuant to section 24-50-104 (4)(b) and (4)(c). The commissioners' salaries shall be set within the range identified in the survey for the category of senior executive service and shall be uniform; except that the chairman may receive a salary that is up to ten percent higher than those of the other two commissioners.
(e) Repealed.
(2) The positions listed in paragraphs (a) to (e) of subsection (1) of this section shall be full-time positions, and the salaries shall be for the full-time services of the persons involved.
(3) (Deleted by amendment, L. 2005, p. 500, § 1, effective May 12, 2005.)
Source: L. 1883: p. 191, § 1. G.S. § 2993. L. 1891: p. 197, § 4. L. 05: p. 156, § 1. L. 07: p. 400, § 1. R.S. 08: §§ 2557, 2558, 2561, 2563. C.L. §§ 7912, 7916, 7918. CSA: C. 66, §§ 52(1a), 52(1b). L. 45: p. 340, § 1. L. 51: p. 389, § 1. L. 53: p. 292, §§ 1, 2. CRS 53: § 56-1-1. L. 55: p. 379, §§ 1, 2. L. 56: p. 142, § 1. L. 58: p. 237, § 2. L. 59: pp. 434, 435, §§ 1, 2. L. 62: pp. 155, 157, 158, §§ 1, 1, 1. L. 63: p. 489, § 1. C.R.S. 1963: § 56-1-3. L. 65: pp. 162, 623, §§ 13, 1. L. 67: pp. 31, 594, 595, §§ 1, 2-4. L. 68: p. 138, § 175. L. 69: pp. 380, 381, §§ 1, 1. L. 71: p. 316, § 21. L. 73: pp. 621, 622, §§ 1, 2, 1. L. 76: (1)(c), (1)(d), (1)(e) and (3) amended, p. 592, § 4, effective July 1. L. 78: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), and (3) amended, p. 393, § 3, effective July 1. L. 80: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), and (3) amended, p. 578, § 6, effective July 1. L. 84: (1)(c), (1)(d), (1)(e), and (3) amended, p. 667, § 1, effective May 9; (1)(a), (1)(b), and (3) amended, p. 665, § 1, effective July 1. L. 86: (1)(e) repealed, p. 502, § 125, effective July 1. L. 87: (1)(a), (1)(b), and (3) amended, p. 928, § 1, effective July 1. L. 93: (1)(d) amended, p. 2056, § 1, effective July 1. L. 96: (1)(d) amended, p. 632, § 1, effective May 1. L. 97: (1)(c) repealed, p. 855, § 42, effective May 21. L. 2005: (1)(d) and (3) amended, p. 500, § 1, effective May 12. L. 2022: (1)(d) amended, (HB 22-1337), ch. 133, p. 901, §1, effective April 25.
24-9-103. Deputy state officers. The secretary of state and the state treasurer are hereby authorized to appoint their own deputies.
Source: L. 1891: p. 194, §§ 1-3. R.S. 08: §§ 2559, 2560, 2562. C.L. §§ 7914, 7915, 7917. CSA: C. 66, §§ 53-55. L. 47: p. 460, § 3. CRS 53: § 56-1-3. C.R.S. 1963: § 56-1-4. L. 65: p. 158, § 11.
24-9-104. Mileage allowances.
(1) Repealed.
(2) (a) to (c) Repealed.
(d) On and after January 1, 2008, state officers and employees shall be allowed a mileage allowance for each mile actually and necessarily traveled while on official state business calculated at ninety percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent, and, when authorized to be utilized and necessary for official state business, ninety-five percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent for four-wheel-drive vehicles and forty cents per nautical mile for privately owned aircraft.
(e) For purposes of this section, four-wheel-drive vehicles means sport utility vehicles and pick-up trucks with a four-wheel-drive transmission system. Four-wheel-drive vehicles shall not include standard vehicles with all-wheel-drive capability.
(f) Repealed.
Source: L. 83: Entire section R&RE, p. 858, § 1, effective June 3. L. 88: (1) repealed, p. 1435, § 31, effective June 11. L. 98: (2) amended, p. 896, § 1, effective July 1, 1999. L. 2006: (2) amended, p. 1348, § 2, effective May 31.
Editor's note: (1) Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective January 1, 2007. (See L. 2006, p. 1348.)
(2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective January 1, 2008. (See L. 2006, p. 1348.)
(3) Subsections (2)(c)(II) and (2)(f)(IV) provided for the repeal of subsections (2)(c) and (2)(f), respectively, effective January 1, 2009. (See L. 2006, p. 1348.)
24-9-105. Elected state officials - discretionary funds. (1) Beginning with the fiscal year commencing July 1, 1985, and for each fiscal year thereafter, subject to annual appropriation by the general assembly, there is hereby available the following amounts for elected state officials for expenditure in pursuance of official business as each elected official sees fit:
(a) Governor, twenty thousand dollars;
(b) Lieutenant governor, five thousand dollars;
(c) Attorney general, five thousand dollars;
(d) Secretary of state, five thousand dollars;
(e) State treasurer, five thousand dollars.
(2) The appropriations made by paragraphs (a), (b), (c), and (e) of subsection (1) of this section shall be out of any moneys in the general fund not otherwise appropriated, and the appropriation made by paragraph (d) of subsection (1) of this section shall be out of any moneys in the department of state cash fund not otherwise appropriated.
Source: L. 85: Entire section added, p. 801, § 2, effective July 1. L. 93: (1) amended, p. 1515, § 19, effective June 6.
Cross references: For the department of state cash fund, see § 24-21-104 (3)(b).
24-9-106. Independent state elected official pay commission - creation - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Commission means the independent state elected official pay commission created in subsection (2) of this section.
(b) State elected official means a state officer or a member of the general assembly.
(c) State officer means the governor, the lieutenant governor, the attorney general, the secretary of state, or the state treasurer.
(2) The independent state elected official pay commission is created. The commission shall set compensation for state elected officials. The commission shall meet beginning in 2025 and shall meet every four years thereafter.
(3) (a) The commission consists of nine appointed members. Subject to the provisions set forth in subsection (3)(b) of this section, the members are appointed as follows:
(I) The governor shall appoint three members as follows:
(A) One member with expertise in personnel management and human resources;
(B) One member with expertise in agricultural leadership; and
(C) One member with local government experience;
(II) The president of the senate shall appoint two members, one member with expertise in large business and one member with expertise in organized labor;
(III) The speaker of the house shall appoint two members, one member with expertise in small business and one member who is part of a minority chamber of commerce or business leadership organization;
(IV) The minority leader of the senate shall appoint a member who has expertise with salary surveys and total compensation analysis; and
(V) The minority leader of the house of representatives shall appoint a member who has large nonprofit leadership experience.
(b) The appointment of members must be in accordance with the following requirements:
(I) A member must be a registered elector;
(II) A member must not be a current or former state official, a current or former member of the general assembly, the spouse of a current state official or member of the general assembly, or a candidate to be a state elected official;
(III) A member must not be a registered lobbyist or a person who has lobbied as a registered lobbyist in the eight years immediately preceding the appointment date for the member; and
(IV) At any time, no more than four members may be from the same political party and no more than two members may be from the same congressional district of the state.
(c) The president of the senate shall designate one of the members that the president of the senate appoints to serve as the chairperson of the commission and the speaker of the house shall designate one of the members that the speaker of the house appoints to serve as the vice-chairperson of the commission.
(d) (I) The initial commission members shall be appointed on or before July 31, 2025, and shall serve until the submission of the report required by subsection (5)(a) of this section.
(II) Subsequent commission members shall be appointed on or before July 31 of each year in which the commission meets and shall serve until the submission of that commission's report.
(III) Each commission expires upon submission of the commission's report.
(4) (a) The chairperson and vice-chairperson of the initial commission shall convene the first meeting of the commission no later than September 1, 2025, and the commission shall meet as many times as necessary thereafter before submitting the report required by subsection (5)(a) of this section.
(b) After the initial commission expires, the chairperson and vice-chairperson of subsequent commissions shall convene the first meeting of a commission no later than September 1 of each year in which the commission meets, and such commissions shall meet as many times as necessary thereafter before submitting the report required by subsection (5)(a) of this section.
(5) (a) On or before December 15, 2025, the initial commission, and on or before December 15 of each year thereafter in which the commission meets, subsequent commissions shall submit a report to the office of state planning and budgeting created in section 24-37-102, to the joint budget committee of the general assembly, to the president of the senate, to the speaker of the house of representatives, and to the director of research of the legislative council appointed pursuant to section 2-3-304 (1) that sets forth the commission's recommendations for annual salaries and allowances for each state official and for members of the general assembly.
(b) Except as otherwise provided in subsection (5)(c) of this section, the salaries and allowances recommended in the report due on or before December 15, 2025, take effect on January 1, 2027, and the salaries and allowances recommended in subsequent reports take effect on January 1 of the first year of each subsequent four-year gubernatorial term if the general assembly makes an appropriation to pay the recommended salaries and allowances during the legislative session immediately preceding such year.
(c) Before the effective date of the recommended salaries and allowances, the general assembly may modify or reject the recommendations.
(6) (a) Any report submitted by the commission, as required by subsection (5) of this section, must include recommendations regarding:
(I) The amount of the annual base compensation for members of the general assembly as allowed by section 2-2-307 (1)(b);
(II) The amount of additional compensation that members of the general assembly are allowed for necessary attendance at meetings or functions or to legislative matters pursuant to section 2-2-307 (3)(a);
(III) The amount of the annual salaries for state officials allowed pursuant to section 24-9-101; and
(IV) The sum per day allowed as expenses to the president of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives while for any reason acting as governor pursuant to section 24-9-101 (1)(c).
(b) In making the recommendations required by subsection (6)(a) of this section, the commission shall consider the amount of compensation paid in government service and in the private sector to persons with similar qualifications, the amount of compensation needed to attract and retain experienced and competent persons, and the ability of the state to pay the recommended compensation.
(7) On or after January 1, 2028, but before January 1, 2029, and before January 1 of each year thereafter, except for the year in which the recommendations of a commission take effect pursuant to this section, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of compensation set by the commission in accordance with the percentage change since the immediately preceding January 1, 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.
(8) The annual salary of a state elected official whose term begins on or after the date the salaries go into effect pursuant to subsection (5)(b) of this section or adjusted pursuant to subsection (7) of this section must be as set by the commission, except if modified or rejected by the general assembly and then as set by the general assembly, or as adjusted by the director of research.
(9) (a) The department of personnel created in section 24-50-102 (1) shall provide staff services as necessary to implement this section.
(b) Members of the commission serve without compensation but receive reimbursement for reasonable travel expenses to attend meetings of the commission.
Source: L. 2024: Entire section added, (HB 24-1059), ch. 377, p. 2553, § 3, effective August 7.
Cross references: For the legislative declaration in HB 24-1059, see section 1 of chapter 377, Session Laws of Colorado 2024.
ARTICLE 9.5
Recall of State Officers
24-9.5-101 to 24-9.5-109. (Repealed)
Source: L. 92: Entire article repealed, p. 924, § 198, effective January 1, 1993.
Editor's note: (1) This article was added in 1979. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Provisions relating to recall of state officers are now located in article 12 of title 1.
ARTICLE 10
Governmental Immunity
Editor's note: The doctrine of sovereign immunity of the state, school districts, and counties was prospectively overruled in three Colorado supreme court decisions announced contemporaneously prior to July 1, 1972, the effective date of this article. In these decisions, the court held that the legislature had full authority to restore the doctrine, in whole or in part. The decisions are: Evans v. Board of County Comm'rs of County of El Paso, 174 Colo. 97, 482 P.2d 968 (1971); Flournoy v. School Dist. No. 1 in City and County of Denver, 174 Colo. 110, 482 P.2d 966 (1971); and Proffitt v. State, 174 Colo. 113, 482 P.2d 965 (1971).
Cross references: For applicability of the risk management fund to claims under this article, see § 24-30-1510.
Law reviews: For note, The Colorado Governmental Immunity Act: A Judicial Challenge and the Legislative Response, see 43 U. Colo. L. Rev. 58 (1972); for comment, The Colorado Governmental Immunity Act: A Prescription for Retrogression, see 49 Den. L. J. 567 (1973); for article, Federal Practice and Procedure, which discusses a Tenth Circuit decision dealing with governmental immunity, see 62 Den. U. L. Rev. 227 (1985); for article, Governmental Immunity: The Effect of Theories of Liability after Initial Notice, see 15 Colo. Law. 232 (1986); for article, Amendments to the Colorado Governmental Immunity Act, see 15 Colo. Law. 1193 (1986); for article, 1986 Colorado Tort Reform Legislation, see 15 Colo. Law. 1363 (1986); for article, New Role for Nonparties in Tort Actions -- The Empty Chair, see 15 Colo. Law. 1650 (1986); for article, Colorado Municipal Liability after Annexing Potential Superfund Site, see 16 Colo. Law. 258 (1987); for comment, Leake v. Cain: Abolition of the Public Duty Rule and the status of Governmental Immunity in Colorado, see 64 Den. U. L. Rev. 733 (1988); for comment, Leake v. Cain: Abrogation of the Public Duty Doctrine in Colorado?, see 59 U. Colo. L. Rev. 383 (1988); for article, Governmental Immunity Act Developments, see 17 Colo. Law. 1525 (1988); for article, Section 1983 Litigation in State Courts: A Review, see 18 Colo. Law. 27 (1989); for article, Asserting Governmental Immunity by Attacking Subject Matter Jurisdiction, see 22 Colo. 2551 (1993); for article, The Changing Concept of Governmental Immunity, see 23 Colo. Law. 603 (1994); for article, Recent Developments in Governmental Immunity: Post-Trinity Broadcasting, see 25 Colo. Law. 43 (June 1996); for article, Interpreting the Colorado Governmental Immunity Act, see 26 Colo. Law. 77 (Feb. 1997); for article, Bailment Claims Under the Colorado Government Immunity Act and the Economic Loss Doctrine, see 44 Colo. Law. 37 (Sept. 2015); for article, Overview of General Liability, Workers' Compensation, and Employment Law Issues in K-12 Educational Institutions, see 44 Colo. Law. 25 (Oct. 2015); for article, Sovereign Immunity in Colorado: A Look at the CGIA, see 46 Colo. Law. 49 (Apr. 2017); for article, Civil Interlocutory Appeals in Colorado State Courts, see 49 Colo. Law. 38 (Oct. 2020).
24-10-101. Short title. This article shall be known and may be cited as the Colorado Governmental Immunity Act.
Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-1.
24-10-102. Declaration of policy. It is recognized by the general assembly that the doctrine of sovereign immunity, whereunder the state and its political subdivisions are often immune from suit for injury suffered by private persons, is, in some instances, an inequitable doctrine. The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective July 1, 1972, and that thereafter the doctrine shall be recognized only to such extent as may be provided by statute. The general assembly also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions. The general assembly further recognizes that the taxpayers would ultimately bear the fiscal burdens of unlimited liability and that limitations on the liability of public entities and public employees are necessary in order to protect the taxpayers against excessive fiscal burdens. It is also recognized that public employees, whether elected or appointed, should be provided with protection from unlimited liability so that such public employees are not discouraged from providing the services or functions required by the citizens or from exercising the powers authorized or required by law. It is further recognized that the state, its political subdivisions, and the public employees of such public entities, by virtue of the services and functions provided, the powers exercised, and the consequences of unlimited liability to the governmental process, should be liable for their actions and those of their agents only to such an extent and subject to such conditions as are provided by this article. The general assembly also recognizes the desirability of including within one article all the circumstances under which the state, any of its political subdivisions, or the public employees of such public entities may be liable in actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and that the distinction for liability purposes between governmental and proprietary functions should be abolished.
Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-2. L. 79: Entire section amended, p. 862, § 1, effective July 1. L. 86: Entire section amended, p. 873, § 1, effective July 1.
24-10-103. Definitions. As used in this article 10, unless the context otherwise requires:
(1) Controlled agricultural burn means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel buildup and decrease the likelihood of a future fire.
(1.3) Dangerous condition means either a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity or public employee in constructing or maintaining such facility. For the purposes of this subsection (1.3), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. A dangerous condition shall not exist solely because the design of any facility is inadequate. The mere existence of wind, water, snow, ice, or temperature shall not, by itself, constitute a dangerous condition.
(1.5) Health-care practitioner means a physician, dentist, clinical psychologist, or any other person acting at the direction or under the supervision or control of any such persons.
(2) Injury means death, injury to a person, damage to or loss of property, of whatsoever kind, which, if inflicted by a private person, would lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant.
(2.5) Maintenance means the act or omission of a public entity or public employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure. Maintenance does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.
(2.7) Motor vehicle means a motor vehicle as defined in section 42-1-102, C.R.S., and a light rail car or engine owned or leased by a public entity.
(3) (a) Operation means the act or omission of a public entity or public employee in the exercise and performance of the powers, duties, and functions vested in them by law with respect to the purposes of any public hospital, jail, or public water, gas, sanitation, power, or swimming facility. Operation does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.
(b) The term operation shall not be construed to include:
(I) A failure to exercise or perform any powers, duties, or functions not vested by law in a public entity or employee with respect to the purposes of any public facility set forth in paragraph (a) of this subsection (3);
(II) A negligent or inadequate inspection or a failure to make an inspection of any property, except property owned or leased by the public entity, to determine whether such property constitutes a hazard to the health or safety of the public.
(3.5) Prescribed fire means the application of fire in accordance with a written prescription for vegetative fuels and excludes a controlled agricultural burn.
(4) (a) Public employee means an officer, employee, servant, or authorized volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), authorized volunteer means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity and includes a qualified volunteer as defined in section 24-33.5-802 (9).
(b) Public employee includes any of the following:
(I) Any health-care practitioner employed by a public entity, except for any health-care practitioner who is employed on less than a full-time basis by a public entity and who additionally has an independent or other health-care practice. Any such person employed on less than a full-time basis by a county or a district public health agency and who additionally has an independent or other health-care practice shall maintain the status of a public employee only when such person engages in activities at or for the county or the district public health agency that are within the course and scope of such person's responsibilities as an employee of the county or the district public health agency. For purposes of this subparagraph (I), work performed as an employee of another public entity or of an entity of the United States government shall not be considered to be an independent or other health-care practice.
(II) Any health-care practitioner employed part-time by and holding a clinical faculty appointment at a public entity as to any injury caused by a health-care practitioner-in-training under such health-care practitioner's supervision. Any such person shall maintain the status of a public employee when such person engages in supervisory and educational activities over a health-care practitioner-in-training at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as an employee of a public entity.
(III) Any health-care practitioner-in-training who is duly enrolled and matriculated in an educational program of a public entity and who is working at either a public entity or a nonpublic entity. Any such person shall maintain the status of a public employee when such person engages in professional or educational activities at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as a student or employee of a public entity.
(IV) Any health-care practitioner who is a nurse licensed under part 1 of article 255 of title 12 employed by a public entity. Any such person shall maintain the status of a public employee only when such person engages in activities at or for the public entity that are within the course and scope of such person's responsibilities as an employee of the public entity.
(V) Any health-care practitioner who volunteers services at or on behalf of a public entity, or who volunteers services as a participant in the community maternity services program;
(VI) Any release hearing officer utilized by the department of corrections and the state board of parole pursuant to section 17-2-217 (1), C.R.S. A release hearing officer shall maintain the status of a public employee only when the release hearing officer engages in activities that are within the course and scope of his or her responsibilities as a release hearing officer.
(VII) Any administrative hearing officer utilized by the department of corrections and the state board of parole pursuant to section 17-2-201 (3)(h)(I). An administrative hearing officer shall maintain the status of a public employee only when the administrative hearing officer engages in activities that are within the course and scope of his or her responsibilities as an administrative hearing officer.
(c) Except for persons identified in subsections (4)(b)(II), (4)(b)(III), and (4)(b)(V) of this section, public employee shall not include any health-care practitioner or any health-care professional as defined in section 13-64-202 (4) who is employed by the university of Colorado hospital authority unless the practitioner or professional is providing services within the course and scope of the person's responsibilities as an employee or volunteer of the university of Colorado hospital authority in a facility that is either located on the Anschutz medical campus or that is operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The Health Care Availability Act, article 64 of title 13, is applicable to health-care practitioners and health-care professionals employed by the university of Colorado hospital authority that are not immune from liability under section 24-10-118 because of the definition of public employee specified in this subsection (4)(c).
(5) Public entity means the state, the judicial department of the state, any county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.
(5.5) Public sanitation facility means structures and related apparatus used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature that is operated and maintained by a public entity. Public sanitation facility does not include: A public water facility; a natural watercourse even if dammed, channelized, or containing storm water runoff, discharge from a storm sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or irrigation ditch even if the ditch contains storm water runoff or discharge from storm sewers; a curb and gutter system; or other drainage, flood control, and storm water facilities.
(5.7) Public water facility means structures and related apparatus used in the collection, treatment, or distribution of water for domestic and other legal uses that is operated and maintained by a public entity. Public water facility does not include: A public sanitation facility; a natural watercourse even if dammed, channelized, or used for transporting domestic water supplies; a drainage, borrow, or irrigation ditch even if dammed, channelized, or containing storm water runoff or discharge; or a curb and gutter system.
(6) Sidewalk means that portion of a public roadway between the curb lines or the lateral lines of the traveled portion and the adjacent property lines which is constructed, designed, maintained, and intended for the use of pedestrians.
(7) State means the government of the state; every executive department, board, commission, committee, bureau, and office; and every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. State does not include the judicial department, a county, municipality, city and county, school district, special district, or any other kind of district, instrumentality, political subdivision, or public corporation organized pursuant to law.
Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-3. L. 82: (4) amended, p. 604, § 6, effective July 1. L. 86: (1), (2), and (4) amended, p. 874, § 2, effective July 1. L. 87: (4) amended and (1.5) added, p. 929, § 1, effective June 20. L. 88: (4)(b)(I) amended and (4)(b)(IV) and (4)(b)(V) added, p. 893, § 1, effective March 20. L. 92: (1) and (5) amended and (6) added, p. 1115, § 1, effective July 1. L. 93: (4) amended, p. 571, § 1, effective April 30. L. 2002: (4)(b)(VI) added, p. 490, § 1, effective May 24. L. 2003: (1) and (3)(a) amended and (2.5), (5.5), and (5.7) added, p. 1343, § 2, effective July 1. L. 2004: (4)(b)(V) amended, p. 1200, § 61, effective August 4. L. 2007: (2.7) added, p. 1025, § 1, effective July 1. L. 2008: (4)(b)(VII) added, p. 32, § 1, effective March 13; (4)(b)(I) amended, p. 2051, § 2, effective July 1; (4)(a) amended, p. 610, § 2, effective August 5. L. 2012: (1) amended and (1.3), (3.5), and (7) added, (HB 12-1361), ch. 242, p. 1144, § 1, effective June 4. L. 2013: (5) amended, (HB 13-1294), ch. 313, p. 1644, § 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 51, effective August 7. L. 2018: (4)(b)(VII) amended, (HB 18-1375), ch. 274, p. 1705, § 35, effective May 29. L. 2019: IP and (4)(b)(IV) amended, (HB 19-1172), ch. 136, p. 1687, § 125, effective October 1. L. 2020: (4)(b)(IV) amended, (HB 20-1183), ch. 157, p. 701, § 55, effective July 1; (4)(c) added, (HB 20-1330), ch. 230, p. 1118, § 1, effective September 14.
Editor's note: Section 3(2) of chapter 230 (HB 20-1330), Session Laws of Colorado 2020, provides that the act changing this section applies to acts or omissions occuring on or after January 1, 2021.
Cross references: (1) For the exclusion of children ordered to participate in a work or community service program from the definition of public employee, see § 19-2-308 (8).
(2) For the legislative declaration contained in the 2003 act amending subsections (1) and (3)(a) and enacting subsections (2.5), (5.5), and (5.7), see section 1 of chapter 182, Session Laws of Colorado 2003.
24-10-104. Waiver of sovereign immunity. Notwithstanding any provision of law to the contrary, the governing body of a public entity, by resolution, may waive the immunity granted in section 24-10-106 for the types of injuries described in the resolution. Any such waiver may be withdrawn by the governing body by resolution. A resolution adopted pursuant to this section shall apply only to injuries occurring subsequent to the adoption of such resolution.
Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-4. L. 86: Entire section R&RE, p. 875, § 3, effective July 1.
Cross references: For authorization to procure insurance against liability, see §§ 24-10-115 and 24-14-102.
24-10-105. Prior waiver of immunity - effect - indirect claims not separate. (1) It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article.
(2) (a) A reference in this article to an injury, claim, or action that lies in tort or could lie in tort shall be construed in all cases to include, in addition to a direct claim or action, a claim or action asserted by way of assignment or subrogation to recover from a public entity or public employee the amount paid on a damages claim or the amount that may become payable on a damages claim because of the occurrence of an injury, as defined in section 24-10-103 (2).
(b) In any case in which an assignee or subrogee asserts an injury governed by this article:
(I) The injury shall not be deemed to be separate from the injury suffered by the assignor or subrogor; and
(II) Pursuant to section 24-10-114 (1.5), the assignment or subrogation concerning the injury shall not be deemed to be a separate occurrence with regard to limitations on judgments.
Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-5. L. 85, 1st Ex. Sess.: Entire section amended, p. 9, § 4, effective September 27. L. 86: Entire section amended, p. 875, § 4, effective July 1. L. 2006: Entire section amended, p. 455, § 2, effective April 18.
Cross references: For the legislative declaration contained in the 2006 act amending this section, see section 1 of chapter 132, Session Laws of Colorado 2006.
24-10-106. Immunity and partial waiver. (1) A public entity is immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section. Sovereign immunity is waived by a public entity in an action for injuries resulting from:
(a) The operation of a motor vehicle, owned or leased by such public entity, by a public employee while in the course of employment, except emergency vehicles operating within the provisions of section 42-4-108 (2) and (3), C.R.S.;
(b) The operation of any public hospital, correctional facility, as defined in section 17-1-102, C.R.S., or jail by such public entity;
(c) A dangerous condition of any public building;
(d) (I) A dangerous condition of a public highway, road, or street which physically interferes with the movement of traffic on the paved portion, if paved, or on the portion customarily used for travel by motor vehicles, if unpaved, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon. As used in this section, the phrase physically interferes with the movement of traffic shall not include traffic signs, signals, or markings, or the lack thereof. Nothing in this subparagraph (I) shall preclude a particular dangerous accumulation of snow, ice, sand, or gravel from being found to constitute a dangerous condition in the surface of a public roadway when the entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice through the proper public official responsible for the roadway and had a reasonable time to act.
(II) A dangerous condition caused by the failure to realign a stop sign or yield sign which was turned, without authorization of the public entity, in a manner which reassigned the right-of-way upon intersecting public highways, roads, or streets, or the failure to repair a traffic control signal on which conflicting directions are displayed;
(III) A dangerous condition caused by an accumulation of snow and ice which physically interferes with public access on walks leading to a public building open for public business when a public entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice of such condition and a reasonable time to act.
(e) A dangerous condition of any public hospital, jail, public facility located in any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility. Nothing in this paragraph (e) or in paragraph (d) of this subsection (1) shall be construed to prevent a public entity from asserting sovereign immunity for an injury caused by the natural condition of any unimproved property, whether or not such property is located in a park or recreation area or on a highway, road, or street right-of-way.
(f) The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility by such public entity;
(g) The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement pursuant to the provisions of part 10 of article 82 of this title;
(h) Failure to perform an education employment required background check as described in section 13-80-103.9, C.R.S.;
(i) An action brought pursuant to section 13-21-128;
(j) An action brought pursuant to part 12 of article 20 of title 13, whether the conduct alleged occurred before, on, or after January 1, 2022; or
(k) An action brought pursuant to section 24-34-806 (4).
(1.5) (a) The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does not apply to claimants who have been convicted of a crime and incarcerated in a correctional facility or jail pursuant to such conviction, and such correctional facility or jail shall be immune from liability as set forth in subsection (1) of this section.
(b) The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does apply to claimants who are incarcerated but not yet convicted of the crime for which such claimants are being incarcerated if such claimants can show injury due to negligence.
(c) The waiver of sovereign immunity created in paragraph (e) of subsection (1) of this section does not apply to any backcountry landing facility located in whole or in part within any park or recreation area maintained by a public entity. For purposes of this paragraph (c), backcountry landing facility means any area of land or water that is unpaved, unlighted, and in a primitive condition and is used or intended for the landing and takeoff of aircraft, and includes any land or water appurtenant to such area.
(2) Nothing in this section or in section 24-10-104 shall be construed to constitute a waiver of sovereign immunity where the injury arises from the act, or failure to act, of a public employee where the act is the type of act for which the public employee would be or heretofore has been personally immune from liability.
(3) In addition to the immunity provided in subsection (1) of this section, a public entity shall also have the same immunity as a public employee for any act or failure to act for which a public employee would be or heretofore has been personally immune from liability.
(4) No rule of law imposing absolute or strict liability shall be applied in any action against a public entity or a public employee for an injury resulting from a dangerous condition of, or the operation and maintenance of, a public water facility or public sanitation facility. No liability shall be imposed in any such action unless negligence is proven.
(5) The immunity from liability granted in subsection (1) of this section shall not apply to the university of Colorado hospital authority except for any hospital, clinic, surgery center, department, or other facility owned or operated by the authority that is located on the Anschutz medical campus or that is a facility operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The Health Care Availability Act, article 64 of title 13, is applicable to health-care institutions as defined in section 13-64-202 (3) that are not immune from liability under this section because of this section.
(6) Notwithstanding any other provision of law, nothing in subsections (4) or (5) of this section shall be construed to grant any additional immunity from liability beyond that which is otherwise provided in this article 10.
Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-6. L. 79: (1)(b) amended, p. 702, § 76, effective June 21. L. 86: IP(1), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (3) added, p. 875, § 5, effective July 1. L. 87: (4) added, p. 931, § 1, effective May 13. L. 92: (1)(d) amended, p. 1116, § 2, effective July 1. L. 94: (1.5) added, p. 2087, § 1, effective July 1; (1)(a) amended, p. 2556, § 53, effective January 1, 1995. L. 2002: (1.5)(c) added, p. 63, § 1, effective March 22. L. 2004: (1)(g) added, p. 1056, § 1, effective May 21. L. 2008: (1)(h) added, p. 2226, § 4, effective June 5. L. 2015: (1)(i) added, (HB 15-1290), ch. 212, p. 776, § 3, effective May 20, 2016. L. 2020: (5) and (6) added, (HB 20-1330), ch. 230, p. 1119, § 2, effective September 14. L. 2021: (1)(i) amended and (1)(j) added, (SB 21-088), ch. 442, p. 2927, § 3, effective January 1, 2022. L. 2024: IP(1), (1)(i), and (1)(j) amended and (1)(k) added, (HB 24-1342), ch. 477, p. 3344, § 2, effective January 1, 2025.
Cross references: For the legislative declaration in SB 21-088, see section 1 of chapter 442, Session Laws of Colorado 2021.
24-10-106.1. Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012. (1) Notwithstanding any other provision of this article, the state shall be immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section or section 24-10-106. In addition to any other claims for which the state waives immunity under this article, sovereign immunity is waived by the state in an action for injuries resulting from a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012.
(2) Nothing in this section shall be construed to constitute a waiver of sovereign immunity if the injury arises from any act, or failure to act, of a state employee if the act is the type of act for which the state employee would be or heretofore has been personally immune from liability.
(3) In addition to the immunity provided under subsection (1) of this section, the state shall also have the same immunity as a state employee for any act or failure to act for which a state employee would be or heretofore has been personally immune from liability.
(4) No rule of law imposing absolute or strict liability shall be applied in any action against the state for an injury resulting from a prescribed fire started or maintained by the state or any of its employees. No liability shall be imposed in any such action unless negligence is proven.
Source: L. 2012: Entire section added, (HB 12-1361), ch. 242, p. 1145, § 2, effective June 4.
24-10-106.3. Immunity and partial waiver - claims for serious bodily injury or death on public school property or at school-sponsored events resulting from incidents of school violence - short title - definitions. (1) This section shall be known and may be cited as the Claire Davis School Safety Act.
(2) Definitions. For purposes of this section, unless the context otherwise requires:
(a) Charter school means a charter school or an institute charter school established pursuant to article 30.5 of title 22, C.R.S.
(b) Crime of violence means that the person committed, conspired to commit, or attempted to commit one of the following crimes:
(I) Murder;
(II) First degree assault; or
(III) A felony sexual assault, as defined in section 18-3-402, C.R.S.
(c) Incident of school violence means an occurrence at a public school or public school-sponsored activity in which a person:
(I) Engaged in a crime of violence; and
(II) The actions described in subparagraph (I) of this paragraph (c) by that person caused serious bodily injury or death to any other person.
(d) Public school has the same meaning as provided in section 22-1-101, C.R.S., and includes a charter school or institute charter school.
(e) School district means a school district organized pursuant to article 30 of title 22, C.R.S., and the charter school institute established pursuant to section 22-30.5-503, C.R.S.
(f) Serious bodily injury means bodily injury that, either at the time of the actual injury or a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body.
(3) Recognition of duty of care. All school districts and charter schools and their employees in this state have a duty to exercise reasonable care to protect all students, faculty, and staff from harm from acts committed by another person when the harm is reasonably foreseeable, while such students, faculty, and staff are within the school facilities or are participating in school-sponsored activities.
(4) Limited waiver of sovereign immunity. Notwithstanding any other provision of this article, a public school district or charter school is immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as otherwise provided in this section or in this article. In addition to any other claims for which the Colorado Governmental Immunity Act waives sovereign immunity in this article, sovereign immunity is waived under the Colorado Governmental Immunity Act with respect to school districts and charter schools for a claim of a breach of the duty of care established in subsection (3) of this section by the school district, a charter school, or an employee of the school district or charter school arising from an incident of school violence on or after June 3, 2015, and, with respect to such claims, the provisions of article 12 of title 22, C.R.S., do not apply to school districts and charter schools. An employee of a public school, school district, or a charter school is not subject to suit under this section in his or her individual capacity unless the employee's actions or omissions are willful and wanton.
(5) A public school, school district, or charter school shall not be found negligent under this section solely as a result of not expelling or suspending any student.
(6) Nothing in this section shall be construed to constitute a waiver of sovereign immunity by a school district or charter school if the injury arises from any act, or failure to act, of an employee of the school district or charter school if the act is the type of act for which the school district or charter school employee would be or heretofore has been personally immune from liability.
(7) In addition to the immunity provided under this section, the school district and charter school shall also have the same immunity as a school district or charter school employee for any act or failure to act for which a school district or charter school employee would be or heretofore has been personally immune from liability.
(8) No rule of law imposing absolute or strict liability shall be applied in any action filed against a school district or charter school pursuant to this section for serious bodily injury or death caused by a breach of the duty of care, established pursuant to subsection (3) of this section. No liability shall be imposed in any such action unless negligence is proven.
(9) (a) Except as provided in paragraph (b) of this subsection (9), the maximum amount of damages that may be recovered under this article in any single occurrence from a school district or charter school for a claim brought under this section is governed by the limits set forth in section 24-10-114 (1).
(b) Repealed.
(10) In order to promote vigorous discovery of events leading to an incident of school violence in any action brought under this section, an offer of judgment by a defendant under section 13-17-202, C.R.S., prior to the completion of discovery, is not deemed rejected if not accepted until fourteen days after the completion of discovery, and the plaintiff is not liable for costs due to not accepting such an offer of judgment until fourteen days after the completion of discovery. If a defendant refuses to answer a complaint, or a default judgment is entered against a defendant for failure to answer a complaint, or a defendant confesses liability in an action brought under this section, the court shall allow full discovery upon request of the plaintiff.
Source: L. 2015: Entire section added, (SB 15-213), ch. 266, p. 1036, § 2, effective June 3.
Editor's note: Subsection (9)(b)(II) provided for the repeal of subsection (9)(b), effective July 1, 2018. (See L. 2015, p. 1036.)
Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015.
24-10-106.5. Duty of care. (1) In order to encourage the provision of services to protect the public health and safety and to allow public entities to allocate their limited fiscal resources, a public entity or public employee shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an act of assistance for the benefit of any person. The adoption of a policy or a regulation to protect any person's health or safety shall not give rise to a duty of care on the part of a public entity or public employee where none otherwise existed. In addition, the enforcement of or failure to enforce any such policy or regulation or the mere fact that an inspection was conducted in the course of enforcing such policy or regulation shall not give rise to a duty of care where none otherwise existed; however, in a situation in which sovereign immunity has been waived in accordance with the provisions of this article, nothing shall be deemed to foreclose the assumption of a duty of care by a public entity or public employee when the public entity or public employee requires any person to perform any act as the result of such an inspection or as the result of the application of such policy or regulation. Nothing in this section shall be construed to relieve a public entity of a duty of care expressly imposed under other statutory provision.
(2) Except as otherwise provided in section 24-10-106.3, which recognizes a duty of reasonable care upon public school districts, charter schools, and their employees, nothing in this article shall be deemed to create any duty of care.
Source: L. 86: Entire section added, p. 876, § 6, effective July 1. L. 2015: (2) amended, (SB 15-213), ch. 266, p. 1039, § 3, effective June 3.
Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015.
24-10-107. Determination of liability. Except as otherwise provided in this article, where sovereign immunity is not a bar under section 24-10-106, liability of the public entity shall be determined in the same manner as if the public entity were a private person.
Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-7. L. 86: Entire section amended, p. 877, § 7, effective July 1.
24-10-108. Sovereign immunity a bar. Except as provided in sections 24-10-104 to 24-10-106 and 24-10-106.3, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant. If a public entity raises the issue of sovereign immunity prior to or after the commencement of discovery, the court shall suspend discovery, except any discovery necessary to decide the issue of sovereign immunity and shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal.
Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-8. L. 86: Entire section amended, p. 877, § 8, effective July 1. L. 92: Entire section amended, p. 1117, § 3, effective July 1. L. 2015: Entire section amended, (SB 15-213), ch. 266, p. 1039, § 4, effective June 3.
Cross references: For the legislative declaration in SB 15-213, see section 1 of chapter 266, Session Laws of Colorado 2015.
24-10-109. Notice required - contents - to whom given - limitations. (1) Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment, whether or not by a willful and wanton act or omission, shall file a written notice as provided in this section within one hundred eighty-two days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury. Compliance with the provisions of this section shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action.
(2) The notice shall contain the following:
(a) The name and address of the claimant and the name and address of his attorney, if any;
(b) A concise statement of the factual basis of the claim, including the date, time, place, and circumstances of the act, omission, or event complained of;
(c) The name and address of any public employee involved, if known;
(d) A concise statement of the nature and the extent of the injury claimed to have been suffered;
(e) A statement of the amount of monetary damages that is being requested.
(3) (a) If the claim is against the state or an employee thereof, the notice shall be filed with the attorney general. If the claim is against any other public entity or an employee thereof, the notice shall be filed with the governing body of the public entity or the attorney representing the public entity. Such notice shall be effective upon mailing by registered or certified mail, return receipt requested, or upon personal service.
(b) A notice required under this section that is properly filed with a public entity's agent listed in the inventory of local governmental entities pursuant to section 24-32-116, is deemed to satisfy the requirements of this section.
(4) When the claim is one for death by wrongful act or omission, the notice may be presented by the personal representative, surviving spouse, or next of kin of the deceased.
(5) Any action brought pursuant to this article shall be commenced within the time period provided for that type of action in articles 80 and 81 of title 13, C.R.S., relating to limitation of actions, or it shall be forever barred; except that, if compliance with the provisions of subsection (6) of this section would otherwise result in the barring of an action, such time period shall be extended by the time period required for compliance with the provisions of subsection (6) of this section.
(6) No action brought pursuant to this article shall be commenced until after the claimant who has filed timely notice pursuant to subsection (1) of this section has received notice from the public entity that the public entity has denied the claim or until after ninety days has passed following the filing of the notice of claim required by this section, whichever occurs first.
(7) The notice required pursuant to this section does not apply to claims made pursuant to the waiver of governmental immunity described in section 24-10-106 (1)(j) and any action brought pursuant to part 12 of article 20 of title 13 thereto is not barred under this section.
Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-9. L. 79: (1) amended, p. 862, § 2, effective July 1. L. 86: (1), (2)(b), (3), and (5) amended and (6) added, p. 877, § 9, effective July 1. L. 92: (1) amended, p. 1117, § 4, effective July 1. L. 2009: (3) amended, (HB 09-1248), ch. 252, p. 1136, § 21, effective May 14. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 881, § 145, effective July 1; (3) amended, (HB 12-1244), ch. 172, p. 616, § 1, effective August 8. L. 2021: (7) added, (SB 21-088), ch. 442, p. 2927, § 4, effective January 1, 2022.
Cross references: For the legislative declaration in SB 21-088, see section 1 of chapter 442, Session Laws of Colorado 2021.
24-10-110. Defense of public employees - payment of judgments or settlements against public employees. (1) A public entity shall be liable for:
(a) The costs of the defense of any of its public employees, whether such defense is assumed by the public entity or handled by the legal staff of the public entity or by other counsel, in the discretion of the public entity, where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment, except where such act or omission is willful and wanton;
(b) (I) The payment of all judgments and settlements of claims against any of its public employees where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment, except where such act or omission is willful and wanton or where sovereign immunity bars the action against the public entity, if the employee does not compromise or settle the claim without the consent of the public entity; and
(II) The payment of all judgments and settlements of claims against any of its public employees where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his or her duties and within the scope of employment, except where such act or omission is willful and wanton, even though sovereign immunity would otherwise bar the action, when the public employee is operating an emergency vehicle within the provisions of section 42-4-108 (2) and (3), C.R.S., if the employee does not compromise or settle the claim without the consent of the public entity.
(1.5) Where a claim against a public employee arises out of injuries sustained from an act or omission of such employee which occurred or is alleged in the complaint to have occurred during the performance of his duties and within the scope of his employment, the public entity shall be liable for the reasonable costs of the defense and reasonable attorney fees of its public employee unless:
(a) It is determined by a court that the injuries did not arise out of an act or omission of such employee occurring during the performance of his duties and within the scope of his employment or that the act or omission of such employee was willful and wanton. If it is so determined, the public entity may request and the court shall order such employee to reimburse the public entity for reasonable costs and reasonable attorney fees incurred in the defense of such employee; or
(b) The public employee compromises or settles the claim without the consent of the public entity.
(2) The provisions of subsection (1) of this section shall not apply where a public entity is not made a party defendant in an action and such public entity is not notified of the existence of such action in writing by the plaintiff or such employee within fifteen days after commencement of the action. In addition, the provisions of subsection (1) of this section shall not apply where such employee willfully and knowingly fails to notify the public entity of the incident or occurrence which led to the claim within a reasonable time after such incident or occurrence, if such incident or occurrence could reasonably have been expected to lead to a claim.
(3) Repealed.
(4) Where the public entity is made a codefendant with its public employee, it shall notify such employee in writing within fifteen days after the commencement of such action whether it will assume the defense of such employee. Where the public entity is not made a codefendant, it shall notify such employee whether it will assume such defense within fifteen days after receiving written notice from the public employee of the existence of such action.
(5) (a) In any action in which allegations are made that an act or omission of a public employee was willful and wanton, the specific factual basis of such allegations shall be stated in the complaint.
(b) Failure to plead the factual basis of an allegation that an act or omission of a public employee was willful and wanton shall result in dismissal of the claim for failure to state a claim upon which relief can be granted.
(c) In any action against a public employee in which exemplary damages are sought based on allegations that an act or omission of a public employee was willful and wanton, if the plaintiff does not substantially prevail on his claim that such act or omission was willful and wanton, the court shall award attorney fees against the plaintiff or the plaintiff's attorney or both and in favor of the public employee.
(6) The provisions of subsection (5) of this section are in addition to and not in lieu of the provisions of article 17 of title 13, C.R.S.
Source: L. 71: p. 1207, § 1. C.R.S. 1963: § 130-11-10. L. 79: (2) amended, p. 863, § 3, effective July 1. L. 81: (1), (3)(b)(I), and (3)(c) amended and (5) added, p. 1150, § 1, effective July 1. L. 82: (1)(b) amended, p. 366, § 1, effective January 1. L. 85, 1st Ex. Sess.: (4) amended, (1.5) added, and (3)(b) repealed, pp. 9, 11, §§ 5, 9, effective September 17. L. 86: (1)(b), IP(1.5), (1.5)(a), and (5) amended, (6) added, and (3)(a) and (3)(c) repealed, pp. 878, 882, §§ 10, 17, effective April 17. L. 92: (5) amended, p. 1117, § 5, effective July 1. L. 94: (1)(b)(II) amended, p. 2556, § 54, effective January 1, 1995.
24-10-111. Judgment against public entity or public employee - effect. (1) Any judgment against a public entity shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against any public employee whose act or omission gave rise to the claim.
(2) Any judgment against any public employee whose act or omission gave rise to the claim shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against a public entity.
(3) Nothing contained in the provisions of this section shall be construed as preventing the joinder of any public entity or employee of such public entity in the same action.
Source: L. 71: p. 1209, § 1. C.R.S. 1963: § 130-11-11.
24-10-112. Compromise of claims - settlement of actions. (1) (a) (I) A claim against the state may be compromised or settled for and on behalf of the state by the attorney general, with the concurrence of the head of the affected department, agency, board, commission, institution, hospital, college, university, or other instrumentality thereof, except as provided in part 15 of article 30 of this title.
(II) Repealed.
(b) Repealed.
(2) Claims against public entities, other than the state, may be compromised or settled by the governing body of the public entity or in such manner as the governing body may designate.
Source: L. 71: p. 1209, § 1. C.R.S. 1963: § 130-11-12. L. 85, 1st Ex. Sess.: (1) amended, p. 10, § 6, effective September 27. L. 86: (1)(a)(II) and (1)(b) repealed, p. 894, § 10, effective April 17.
24-10-113. Payment of judgments. (1) A public entity or designated insurer shall pay any compromise, settlement, or final judgment in the manner provided in this section, and an action pursuant to the Colorado rules of civil procedure shall be an appropriate remedy to compel a public entity to perform an act required under this section.
(2) The state and the governing body of any other public entity shall pay, to the extent funds are available in the fiscal year in which it becomes final, any judgment out of any funds to the credit of the public entity that are available from any or all of the following:
(a) A self-insurance reserve fund;
(b) Funds that are unappropriated for any other purpose unless the use of such funds is restricted by law or contract to other purposes;
(c) Funds that are appropriated for the current fiscal year for the payment of such judgments and not previously encumbered.
(3) If a public entity is unable to pay a judgment during the fiscal year in which it becomes final because of lack of available funds, the public entity shall levy a tax, in a separate item to cover such judgment, sufficient to discharge such judgment in the next fiscal year or in the succeeding fiscal year if the budget of the public entity has been finally adopted for the fiscal year in which the judgment becomes final before such judgment becomes final; but in no event shall such annual levy for one or more judgments exceed a total of ten mills, exclusive of existing mill levies. The public entity shall continue to levy such tax, not to exceed a total annual levy of ten mills, exclusive of existing mill levies, but in no event less than ten mills if such judgment will not be discharged by a lesser levy, until such judgment is discharged. In the event that more than one judgment is unsatisfied and a ten-mill levy is insufficient to satisfy the judgments in one year, the proceeds of the ten-mill levy shall be prorated annually among the judgment creditors in the proportion that each outstanding judgment bears to the total judgments outstanding.
Source: L. 71: p. 1209, § 1. C.R.S. 1963: § 130-11-13.
Cross references: For the appropriate remedy to compel public entity to perform an act, see C.R.C.P. 106.
24-10-113.5. Attorney general to notify general assembly. (1) If a final money judgment is obtained against the state, payment of which requires an appropriation, and the appropriate appellate remedies have been exhausted or the time limit for such remedies has expired, the attorney general, within twenty days after such occurrence, shall certify to the speaker of the house of representatives and the president of the senate, or the director of the office of legislative legal services if the general assembly is not in session, the title of the action, the civil action number, and the amount of money due and owing for the payment in full satisfaction of the final judgment.
(2) If a claim against the state is settled and such settlement requires an appropriation by the general assembly, the attorney general, within twenty days after such settlement, shall make the certification required by subsection (1) of this section, which certification shall state the names of the parties and the amount of money necessary for the settlement.
Source: L. 79: Entire section added, p. 866, § 1, effective May 25. L. 88: (1) amended, p. 312, § 20, effective May 23.
24-10-114. Limitations on judgments - recommendation to general assembly - authorization of additional payment - lower north fork wildfire claims. (1) (a) The maximum amount that may be recovered under this article in any single occurrence, whether from one or more public entities and public employees, shall be:
(I) For any injury to one person in any single occurrence, the sum of three hundred fifty thousand dollars;
(II) For an injury to two or more persons in any single occurrence, the sum of nine hundred ninety thousand dollars; except that, in such instance, no person may recover in excess of three hundred fifty thousand dollars.
(b) The amounts specified in subsection (1)(a) of this section shall be adjusted by an amount reflecting the percentage change over a four-year period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. On or before January 1, 2018, and by January 1 every fourth year thereafter, the secretary of state shall calculate the adjusted dollar amount for the immediately preceding four-year period as of the date of the calculation. The adjusted amount shall be rounded upward to the nearest one-thousand-dollar increment. The secretary of state shall certify the amount of the adjustment for the particular four-year period and shall publish the amount of the adjustment on the secretary of state's website.
(1.5) For purposes of subsection (1) of this section, an assignment or subrogation to recover damages paid or payable for an injury shall not be deemed to be a separate occurrence.
(2) The governing body of a public entity, by resolution, may increase any maximum amount set out in subsection (1) of this section that may be recovered from the public entity for the type of injury described in the resolution. The amount of the recovery that may be had shall not exceed the amount set out in such resolution for the type of injury described therein. Any such increase may be reduced, increased, or repealed by the governing body by resolution. A resolution adopted pursuant to this subsection (2) shall apply only to injuries occurring subsequent to the adoption of such resolution.
(3) Nothing in this section shall be construed to permit the recovery of damages for types of actions authorized under part 2 of article 21 of title 13, C.R.S., in an amount in excess of the amounts specified in said article.
(4) (a) A public entity shall not be liable either directly or by indemnification for punitive or exemplary damages or for damages for outrageous conduct, except as otherwise determined by a public entity pursuant to section 24-10-118 (5).
(b) A railroad operating in interstate commerce that sells to a public entity, or allows the public entity to use, such railroad's property or tracks for the provision of public passenger rail service shall not be liable either directly or by indemnification for punitive or exemplary damages or for damages for outrageous conduct to any person for any accident or injury arising out of the operation and maintenance of the public passenger rail service by a public entity.
(5) Notwithstanding the maximum amounts that may be recovered from a public entity set forth in subsection (1) of this section, an amount may be recovered from the state under this article in excess of the maximum amounts only if paragraph (a) or (b) of this subsection (5) applies:
(a) The general assembly acting by bill authorizes payment of all or a portion of any judgment against the state that exceeds the maximum amount. Any claimant may present either proof of judgment or an order of a district court granting a claimant's request for entry of judgment in the amount of an award of damages recommended by a special master or a comparable order to the general assembly and request payment of that portion of the judgment or order that exceeds the maximum amount. Any such judgment or order approved for payment by the general assembly shall be paid from the general fund.
(b) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (b), the state claims board created in section 24-30-1508 (1), referred to in this paragraph (b) as the board, acting in accordance with its authority under section 24-30-1515, compromises or settles a claim on behalf of the state for the maximum liability limits under this article and determines, in its sole discretion, to recommend to the general assembly that an additional payment be made and the general assembly, by bill, authorizes all or any portion of the additional payment. In determining whether to make such recommendation, the board shall consider interests of fairness, the public interest, and the interests of the state. A recommendation made under this paragraph (b) shall not include payment for noneconomic loss or injury and shall be reduced to the extent the claimant's loss is or will be covered by another source, including, without limitation, any insurance proceeds that have been paid or will be paid, and no insurer has a right of subrogation, assignment, or any other right against the claimant or the state for any additional payment or any portion of such payment that is approved by the general assembly. Any additional payment or any portion of such payment approved by the general assembly shall be paid from the general fund. For purposes of this paragraph (b), an additional payment means the payment to a claimant in excess of the maximum liability limits pursuant to this paragraph (b) that may be authorized by the general assembly upon a recommendation from the board.
(II) In connection with a recommendation made by the board under subparagraph (I) of this paragraph (b) to make an additional payment to one or more claimants resulting from a claim of an injury arising out of the lower north fork wildfire in March 2012 that is received by the general assembly while the general assembly is adjourned sine die, upon certification from the department of law that the requirements of this paragraph (b) have been satisfied and on or after July 1, 2013, the office of the state controller may pay one or more additional payments to such claimants from moneys previously appropriated by bill until such specifically appropriated moneys are exhausted or replenished.
(III) In connection with any claim arising out of an injury occurring on or after May 25, 2013, that is not described in subparagraph (II) of this paragraph (b), where the board has made a recommendation to the general assembly for an additional payment under this paragraph (b) while the general assembly is adjourned sine die, the payment is authorized where all of the members of the joint budget committee have voted to authorize the additional payment; except that payment in accordance with the recommendation shall not be made until the general assembly has ratified by bill the authorization to make the payment.
Source: L. 71: p. 1210, § 1. C.R.S. 1963: § 130-11-14. L. 79: (1)(a) and (1)(b) amended, p. 863, § 4, effective July 1. L. 81: (2) amended, p. 1152, § 1, effective April 30. L. 86: IP(1) and (4) amended, p. 879, §§ 11, 12, effective July 1. L. 92: (1) amended and (5) added, p. 1118, § 6, effective January 1, 1993. L. 2006: (1.5) added, p. 455, § 3, effective April 18. L. 2007: (4) amended, p. 1025, § 2, effective July 1. L. 2012: (5) amended, (HB 12-1361), ch. 242, p. 1146, § 3, effective June 4. L. 2013: (5)(b) amended, (SB 13-288), ch. 291, p. 1560, § 1, effective May 25; (1) amended, (SB 13-023), ch. 134, p. 443, § 1, effective July 1. L. 2014: (5)(a) amended, (SB 14-223), ch. 399, p. 2007, § 1, effective June 6. L. 2015: (1) amended, (SB 15-264), ch. 259, p. 959, § 64, effective August 5. L. 2018: (1)(b) amended, (HB 18-1375), ch. 274, p. 1705, § 36, effective May 29.
Cross references: (1) For the legislative declaration contained in the 2006 act enacting subsection (1.5), see section 1 of chapter 132, Session Laws of Colorado 2006.
(2) For information concerning payments to claimants in connection with the Lower North Fork Wildfire, see section 2 of chapter 399, Session Laws of Colorado 2014.
24-10-114.5. Limitation on attorney fees in class action litigation. If the plaintiffs prevail in any class action litigation brought against any public entity, the amount of attorney fees which the plaintiffs' attorney is entitled to receive out of any award to the plaintiffs shall be determined by the court; except that such amount shall not exceed two hundred fifty thousand dollars. Such limitation shall apply where the public entity pays the attorney fees directly to the plaintiffs' attorneys or where the public entity is required to pay the attorney fees indirectly through any program it administers by reducing the benefits or amounts due to the individual plaintiffs.
Source: L. 92: Entire section added, p. 272, § 2, effective April 28.
Cross references: For provisions relating to limitations on attorney fees in class action litigation against public entities, see § 13-17-203.
24-10-115. Authority for public entities other than the state to obtain insurance. (1) A public entity, other than the state, either by itself or in conjunction with any one or more public entities may:
(a) Insure against all or any part of its liability for an injury for which it might be liable under this article;
(b) Insure any public employee acting within the scope of his employment against all or any part of such liability for an injury for which he might be liable under this article;
(c) Insure against the expense of defending a claim for injury against the public entity or its employees, whether or not liability exists on such claim;
(d) Insure against all or part of its liability or the liability of a railroad for claims arising from the passenger rail operations of a public entity on property or tracks owned by, or purchased from, a railroad.
(2) The insurance authorized by subsection (1) of this section may be provided by:
(a) Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes;
(b) An insurance company authorized to do business in this state which meets all of the requirements of the division of insurance for that purpose;
(c) A combination of the methods of obtaining insurance authorized in paragraphs (a) and (b) of this subsection (2);
(d) Any risk management pool of public passenger rail services authorized to be created pursuant to the federal Product Liability Risk Retention Act of 1981, 15 U.S.C. sec. 3901 et seq., as amended.
(3) A public entity, other than the state and other than a school district, may establish and maintain an insurance reserve fund for self-insurance purposes and may include in the annual tax levy of the public entity such amounts as are determined by its governing body to be necessary for the uses and purposes of the insurance reserve fund, subject to the limitations imposed by section 29-1-301, C.R.S., or such public entity may appropriate from any unexpended balance in the general fund such amounts as the governing body shall deem necessary for the purposes and uses of the insurance reserve fund, or both. A school district shall establish and maintain an insurance reserve fund in accordance with the provisions of section 22-45-103 (1)(e), C.R.S., for liability and property damage self-insurance purposes, including workers' compensation pursuant to section 8-44-204 (2), C.R.S., using moneys allocated thereto pursuant to the provisions of section 22-54-105 (2), C.R.S. The fund established pursuant to this subsection (3) shall be kept separate and apart from all other funds and shall be used only for the payment of administrative and legal expenses necessary for the operation of the fund and for the payment of claims against the public entity which have been settled or compromised or judgments rendered against the public entity for injury under the provisions of this article and for attorney fees and for the costs of defense of claims and to secure and pay for premiums on insurance as provided in this article.
(4) Policies written pursuant to this section and section 24-10-116 shall insure all of the risks and liabilities arising under this article, including costs of defense, unless the public entity requests in writing and obtains lesser coverage, in which event the policy issued shall conspicuously itemize the risks and liabilities not covered.
(5) A self-insurance fund established by a public entity which is subject to section 29-1-108, C.R.S., shall not be construed to be unexpended funds for budgetary purposes and shall be accumulated and held over for use in subsequent years.
(6) Repealed.
(7) Policies written, self-insurance funds established, or risk management pools entered into by a public entity for the purpose of insuring a public entity as described in paragraph (d) of subsection (1) of this section shall maintain such levels of insurance as are sufficient to insure against the maximum liability permitted against a railroad or its indemnitor pursuant to 49 U.S.C. sec. 28103.
Source: L. 71: p. 1210, § 1. C.R.S. 1963: § 130-11-15. L. 77: (5) added, p. 1160, § 1, effective February 16. L. 79: (1)(a) and (1)(b) amended, p. 863, § 5, effective July 1. L. 80: (3) amended, p. 581, § 1, effective April 30. L. 86: (3), (4), and (5) R&RE and (3) amended, pp. 511, 880, 1028, §§ 2, 13, 10, effective July 1. L. 88: (3) R&RE, p. 821, § 30, effective May 24. L. 89: (6) added, p. 1004, § 5, effective October 1. L. 90: (3) amended, p. 567, § 45, effective July 1; (5) amended, p. 1435, § 2, effective January 1, 1991. L. 94: (3) amended, p. 822, § 49, effective April 27. L. 97: (6) repealed, p. 1015, § 24, effective August 6. L. 2007: (1)(d), (2)(d), and (7) added, p. 1026, §§ 3, 4, 5, effective July 1.
Editor's note: Subsection (6) was enacted in House Bill No. 1143, enacted by the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991.
Cross references: For authorization for state and counties to procure insurance against liability, see § 24-14-102.
24-10-115.5. Authority for public entities to pool insurance coverage. (1) Public entities may cooperate with one another to form a self-insurance pool to provide all or part of the insurance coverage authorized by this article or by section 29-5-111, C.R.S., for the cooperating public entities. Any such self-insurance pool may provide such coverage by the methods authorized in sections 24-10-115 (2) and 24-10-116 (2), by any different methods if approved by the commissioner of insurance, or by any combination thereof. Any such insurance pool shall be formed pursuant to the provisions of part 2 of article 1 of title 29, C.R.S. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of such self-insurance pool.
(2) Any self-insurance pool authorized by subsection (1) of this section shall not be construed to be an insurance company nor otherwise subject to the laws of this state regulating insurance or insurance companies; except that the pool shall comply with the applicable provisions of sections 10-1-203 and 10-1-204 (1) to (5).
(3) Prior to the formation of a self-insurance pool, there shall be submitted to the commissioner of insurance a complete written proposal of the pool's operation, including, but not limited to, the administration, claims adjusting, membership, and capitalization of the pool. The commissioner shall review the proposal within thirty days after receipt to assure that proper insurance techniques and procedures are included in the proposal. After such review, the commissioner shall have the right to approve or disapprove the proposal. If the commissioner approves the proposal, he shall issue a certificate of authority. The costs of such review shall be paid by the public entities desiring to form such a pool. Any such payment received by the commissioner is hereby appropriated to the division of insurance in addition to any other funds appropriated for its normal operation.
(4) Each self-insurance pool for public entities created in this state shall file, with the commissioner of insurance on or before March 30 of each year, a written report in a form prescribed by the commissioner, signed and verified by its chief executive officer as to its condition. Such report shall include a detailed statement of assets and liabilities, the amount and character of the business transacted, and the moneys reserved and expended during the year.
(5) The commissioner of insurance, or any person authorized by him, shall conduct an insurance examination at least once a year to determine that proper underwriting techniques and sound funding, loss reserves, and claims procedures are being followed. This examination shall be paid for by the self-insurance pool out of its funds at the same rate as provided for foreign insurance companies under section 10-1-204 (9), C.R.S.
(6) (a) The certificate of authority issued to a public entity under this section may be revoked or suspended by the commissioner of insurance for any of the following reasons:
(I) Insolvency or impairment;
(II) Refusal or failure to submit an annual report as required by subsection (4) of this section;
(III) Failure to comply with the provisions of its own ordinances, resolutions, contracts, or other conditions relating to the self-insurance pool;
(IV) Failure to submit to examination or any legal obligation relative thereto;
(V) Refusal to pay the cost of examination as required by subsection (5) of this section;
(VI) Use of methods which, although not otherwise specifically proscribed by law, nevertheless render the operation of the self-insurance pool hazardous, or its condition unsound, to the public;
(VII) Failure to otherwise comply with the law of this state, if such failure renders the operation of the self-insurance pool hazardous to the public.
(b) If the commissioner of insurance finds upon examination, hearing, or other evidence that any participating public entity has committed any of the acts specified in paragraph (a) of this subsection (6) or any act otherwise prohibited in this section, the commissioner may suspend or revoke such certificate of authority if he deems it in the best interest of the public. Notice of any revocation shall be published in one or more daily newspapers in Denver which have a general state circulation. Before suspending or revoking any certificate of authority of a public entity, the commissioner shall grant the public entity fifteen days in which to show cause why such action should not be taken.
(7) Any public entity pool formed under this article and under article 13 of title 29, C.R.S., and the members thereof, may combine and commingle all funds appropriated by the members and received by the pool for liability or property insurance or self-insurance or for other purposes of the pool.
(8) (a) Any self-insurance pool organized pursuant to this section may invest in securities meeting the investment requirements established in part 6 of article 75 of this title and may also invest in membership claim deductibles and in any other security or other investment authorized for such pools by the commissioner of insurance.
(b) Any public entity which is a member of a self-insurance pool which is organized pursuant to this section or any instrumentality formed by two or more of such members may invest in subordinated debentures issued by such self-insurance pool.
(9) In addition to liability coverage pursuant to subsection (1) of this section and property coverage pursuant to section 29-13-102, a self-insurance pool authorized by subsection (1) of this section may provide workers' compensation coverage pursuant to section 8-44-204.
Source: L. 77: Entire section added, p. 1161, § 1, effective March 16. L. 79: (2), (3), and (4) amended and (6) added, p. 863, § 6, effective July 1. L. 86: (1) amended, p. 880, § 14, effective July 1. L. 88: (1) amended, p. 427, § 2, effective April 20. L. 89: (9) added, p. 1019, § 1, effective April 4; (8) added, p. 1106, § 4, effective July 1. L. 90: (9) amended, p. 568, § 46, effective July 1. L. 92: (2) and (5) amended, pp. 1500, 1613, §§ 37, 169, effective July 1. L. 99: (4) amended, p. 686, § 4, effective August 4. L. 2014: (9) amended, (SB 14-172), ch. 325, p. 1427, § 3, effective January 1, 2015. L. 2017: (2) amended, (HB 17-1231), ch. 284, p. 1576, § 15, effective January 1, 2018. L. 2024: (9) amended, (SB 24-089), ch. 247, p. 1626, § 3, effective May 24.
24-10-116. State required to obtain insurance. (1) The state shall obtain insurance to:
(a) Insure itself against all or any part of any liability for an injury for which it might be liable under this article;
(b) Insure any of its public employees acting within the scope of their employment against all or any part of his liability for injury for which he might be liable under this article;
(c) Insure against the expense of defending a claim for injury against the state or its public employees, whether or not liability exists on such claim.
(2) The insurance required under subsection (1) of this section may be provided by:
(a) Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes;
(b) An insurance company authorized to do business in this state which meets all the requirements of the division of insurance for that purpose;
(c) A combination of the methods of obtaining insurance authorized in paragraphs (a) and (b) of this subsection (2).
Source: L. 71: p. 1211, § 1. C.R.S. 1963: § 130-11-16.
Cross references: For creation of the state risk management fund to provide self-insurance for claims against the state, see part 15 of article 30 of this title.
24-10-117. Execution and attachment not to issue. Neither execution nor attachment shall issue against a public entity in any action for injury or proceeding initiated under the provisions of this article.
Source: L. 71: p. 1211, § 1. C.R.S. 1963: § 130-11-17.
24-10-118. Actions against public employees - requirements and limitations. (1) Any action against a public employee, whether brought pursuant to this article, section 29-5-111, C.R.S., the common law, or otherwise, which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant and which arises out of injuries sustained from an act or omission of such employee which occurred or is alleged in the complaint to have occurred during the performance of his duties and within the scope of his employment, unless the act or omission causing such injury was willful and wanton, shall be subject to the following requirements and limitations, regardless of whether or not such action against a public employee is one for which the public entity might be liable for costs of defense, attorney fees, or payment of judgment or settlement under section 24-10-110:
(a) Compliance with the provisions of section 24-10-109, in the forms and within the times provided by section 24-10-109, shall be a jurisdictional prerequisite to any such action against a public employee, and shall be required whether or not the injury sustained is alleged in the complaint to have occurred as the result of the willful and wanton act of such employee, and failure of compliance shall forever bar any such action against a public employee. Any such action against a public employee shall be commenced within the time period provided for that type of action in articles 80 and 81 of title 13, C.R.S., relating to limitation of actions, or it shall be forever barred.
(b) The maximum amounts that may be recovered in any such action against a public employee shall be as provided in section 24-10-114 (1), (2), and (3).
(c) A public employee shall not be liable for punitive or exemplary damages arising out of an act or omission occurring during the performance of his duties and within the scope of his employment, unless such act or omission was willful and wanton.
(d) The fact that a plaintiff sues both a public entity and a public employee shall not be deemed to increase any of the maximum amounts that may be recovered in any such action as provided in this section or in section 24-10-114.
(2) (a) A public employee shall be immune from liability in any claim for injury, whether brought pursuant to this article, section 29-5-111, C.R.S., the common law, or otherwise, which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and which arises out of an act or omission of such employee occurring during the performance of his duties and within the scope of his employment unless the act or omission causing such injury was willful and wanton; except that no such immunity may be asserted in an action for injuries resulting from the circumstances specified in section 24-10-106 (1).
(b) Any member of any state board, commission, or other advisory body appointed pursuant to statute, executive order, or otherwise, and any other person acting as a consultant or witness before any such body, shall be immune from liability in any civil action brought against said person for acts occurring while the person was acting as such a member, consultant, or witness, if such person was acting in good faith within the scope of such person's respective capacity, makes a reasonable effort to obtain the facts of the matter as to which action was taken, and acts in the reasonable belief that the action taken by such person was warranted by the facts.
(2.5) If a public employee raises the issue of sovereign immunity prior to or after the commencement of discovery, the court shall suspend discovery; except that any discovery necessary to decide the issue of sovereign immunity shall be allowed to proceed, and the court shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal.
(3) Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form or relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article.
(4) The immunities provided for in this article shall be in addition to any common-law immunity applicable to a public employee.
(5) Notwithstanding any provision of this article to the contrary, a public entity may, if it determines by resolution adopted at an open public meeting by the governing body of the public entity that it is in the public interest to do so, defend a public employee against a claim for punitive damages or pay or settle any punitive damage claim against a public employee.
Source: L. 79: Entire section added, p. 865, § 7, effective July 1. L. 85, 1st Ex. Sess.: IP(1) amended and (1)(c), (1)(d), (2), and (3) added, pp. 10, 11, §§ 7, 8, effective September 27. L. 86: Entire section added, p. 881, § 15, effective July 1 . L. 92: (1)(a) and (2) amended and (2.5) added, p. 1118, § 7, effective July 1.
24-10-119. Applicability of article to claims under federal law. The provisions of this article shall apply to any action against a public entity or a public employee in any court of this state having jurisdiction over any claim brought pursuant to any federal law, if such action lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant.
Source: L. 86: Entire section added, p. 882, § 16, effective July 1 .
24-10-120. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
Source: L. 86: Entire section added, p. 882, § 16, effective July 1.
ARTICLE 11
Holidays
24-11-101. Legal holidays - effect. (1) The following days, viz: The first day of January, commonly called New Year's day; the third Monday in January, which shall be observed as the birthday of Dr. Martin Luther King, Jr.; the third Monday in February, commonly called Washington-Lincoln day; the last Monday in May, commonly called Memorial day; the nineteenth day of June, commonly called Juneteenth; the fourth day of July, commonly called Independence day; the first Monday in September, commonly called Labor day; the first Monday in October, commonly called Frances Xavier Cabrini day; the eleventh day of November, commonly called Veterans' day; the fourth Thursday in November, commonly called Thanksgiving day; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or recommended by the governor of this state or the president of the United States as a day of fasting or prayer or thanksgiving, are hereby declared to be legal holidays and shall, for all purposes whatsoever, as regards the presenting for payment or acceptance and the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promissory notes, or other negotiable instruments and also for the holding of courts, be treated and considered as is the first day of the week commonly called Sunday.
(2) In case any of said holidays or any other legal holiday so designated falls upon a Sunday, then the Monday following shall be considered as the holiday, and all notes, bills, drafts, checks, or other negotiable instruments falling due or maturing on either of said days shall be deemed to be payable on the next succeeding business day. In case the return or adjourned day in any suit, matter, or hearing before any court comes on any day referred to in this section, such suit, matter, or proceeding, commenced or adjourned as aforesaid, shall not, by reason of coming on any such day, abate, but the same shall stand continued to the next succeeding day at the same time and place, unless the next day is Sunday, when in such case the same shall stand continued to the next succeeding secular or business day at the same time and place. Nothing in this section shall prevent the issuing or serving of process on any of the days mentioned in this section or on Sunday.
(3) The provisions of this section shall not operate to prohibit agencies in the executive branch of state government from doing business on any of the legal holidays named in this article. Employees under the jurisdiction of the state personnel system who are required to work on any of the legal holidays named in this article shall be granted an alternate day off in the same fiscal year or be paid in accordance with the state personnel system or state fiscal rules.
Source: L. 03: p. 246, § 1. R.S. 08: § 2940. C.L. § 3802. L. 33: p. 548, § 1. CSA: C. 79, § 1. L. 53: p. 345, § 1. CRS 53: § 67-1-1. L. 55: p. 439, § 1. C.R.S. 1963: § 67-1-1. L. 69: p. 480, § 1. L. 75: (1) amended, p. 792, § 1, effective June 29. L. 79: (3) added, p. 867, § 1, effective May 24. L. 84: (1) amended, p. 669, § 1, effective January 1, 1986. L. 2018: (3) amended, (SB 18-111), ch. 86, p. 687, § 2, effective August 8. L. 2020: (1) amended, (HB 20-1031), ch. 43, p. 143, § 2, effective September 14. L. 2022: (1) amended, (SB 22-139), ch. 149, p. 958, § 4, effective May 2.
Cross references: (1) For closing days of banks and effect, see § 11-105-103; for the definition of business day under the Uniform Consumer Credit Code, which definition exempts holidays, see § 5-1-301 (6); for the school holidays, see § 22-1-112; for the computation of time for civil actions, see C.R.C.P. 6; for the execution of writ of attachment on Sunday or legal holiday, see C.R.C.P. 102(j).
(2) For the legislative declaration in SB 18-111, see section 1 of chapter 86, Session Laws of Colorado 2018. For the legislative declaration in HB 20-1031, see section 1 of chapter 43, Session Laws of Colorado 2020. For the legislative declaration in SB 22-139, see section 1 of chapter 149, Session Laws of Colorado 2022.
24-11-102. Additional holidays - effect. (Repealed)
Source: L. 03: p. 245, § 1. R.S. 08: § 2490. C.L.: § 3802. L. 33: p. 548, § 1. CSA: C. 79, § 1. L. 53: p. 346, § 2. CRS 53: § 67-1-2. L. 55: p. 440, § 2. C.R.S. 1963: § 67-1-2. L. 67: p. 71, § 1. L. 69: p. 480, § 2. L. 84: (1) amended, p. 670, § 2, effective January 1, 1986. L. 88: Entire section repealed, p. 895, § 1, effective May 19.
24-11-103. Saturday half holiday - effect. (Repealed)
Source: L. 1893: p. 287, § 1. R.S. 08: § 2941. L. 19: p. 429, § 1. C.L. § 3803. CSA: C. 79, § 2. CRS 53: § 67-1-3. C.R.S. 1963: § 67-1-3. L. 95: Entire section repealed, p. 198, § 11, effective April 13.
24-11-104. Arbor Day - tree planting. The third Friday in April of each year shall be set apart and known as Arbor Day, to be observed by the people of this state in the planting of forest trees for the benefit and adornment of public and private grounds, places, and ways and in such other efforts and undertakings as shall be in harmony with the general character of the day so established.
Source: L. 1889: p. 21, § 1. R.S. 08: § 2942. C.L. § 3804. CSA: C. 79, § 3. CRS 53: § 67-1-4. C.R.S. 1963: § 67-1-4. L. 67: p. 798, § 4.
24-11-105. Governor to issue proclamation. Annually, at the proper season, the governor shall issue a proclamation calling the attention of the people to the provisions of section 24-11-104 and recommending and enjoining their due observance. The commissioner of education shall promote, by all proper means, the observance of the day.
Source: L. 1889: p. 21, § 3. R.S. 08: § 2944. C.L. § 3806. CSA: C. 79, § 5. CRS 53: § 67-1-6. C.R.S. 1963: § 67-1-5. L. 67: p. 799, § 5.
24-11-106. Good Roads Day. (Repealed)
Source: L. 11: p. 446, § 1. C.L. § 3814. CSA: C. 79, § 6. CRS 53: § 67-1-7. C.R.S. 1963: § 67-1-6. L. 95: Entire section repealed, p. 200, § 15, effective April 13.
24-11-107. Proclamation of governor. (Repealed)
Source: L. 11: p. 447, § 3. C.L. § 3816. CSA: C. 79, § 8. CRS 53: § 67-1-9. C.R.S. 1963: § 67-1-7. L. 67: p. 799, § 6. L. 95: Entire section repealed, p. 200, § 16, effective April 13.
24-11-108. Susan B. Anthony Day. The fifteenth day of February in each year, the same being the anniversary of the birth of Susan B. Anthony, shall be known as Susan B. Anthony Day and may be observed in the public schools of the state by suitable study and classroom discussion which set forth the importance of the great contribution she made to the cause of freedom.
Source: L. 41: p. 460, § 1. CSA: C. 79, § 9. CRS 53: § 67-1-10. C.R.S. 1963: § 67-1-8.
24-11-109. Leif Erikson Day. The ninth day of October in each year, the same being the anniversary of the discovery of North America in the year 1000 A.D. by Leif Erikson, shall be known as Leif Erikson Day, and appropriate observance may be held in all public schools of the state in tribute to the discoverer of the North American continent.
Source: L. 43: p. 290, § 1. CSA: C. 79, § 10. CRS 53: § 67-1-11. C.R.S. 1963: § 67-1-9.
24-11-110. Effect of closing public offices. If, on any day when the public office concerned is closed, or on a Saturday, any document is required to be filed with any public office of the state of Colorado, its departments, agencies, or institutions, or with any public office of any political subdivision of the state, or any appearance or return is required to be made at any such public office, or any official or employee of such public office is required to perform any act or any duty of his office, then any such filing, appearance, return, act, or duty so required or scheduled shall neither be abated nor defaulted, but the same shall stand continued to the next succeeding full business day at such public office at the same time and place.
Source: L. 63: p. 552, § 1. C.R.S. 1963: § 67-1-10. L. 88: Entire section amended, p. 895, § 3, effective April 9. L. 95: Entire section amended, p. 199, § 13, effective April 13.
24-11-111. Colorado Day. On the first Monday of August in each year, commonly called Colorado Day, appropriate observance may be held by the public in tribute to the anniversary of the 1876 admission of the state of Colorado into the United States of America.
Source: L. 88: Entire section added, p. 895, § 2, effective April 9.
24-11-112. Cesar Chavez Day. (1) The thirty-first day of March in each year, the same being the anniversary of the birth of Cesar Estrada Chavez, shall be known as Cesar Chavez Day and appropriate observance may be held by the public and in all public schools of the state in tribute to his unselfish commitment to the principles of social justice and respect for human dignity.
(2) The head of a state agency may allow an employee of the agency to have a day off with pay on Cesar Chavez day in lieu of any other legal holiday described in section 24-11-101 (1) that occurs in the same state fiscal year on a weekday, other than a weekday on which an election is held throughout the state, on which the state agency is required to be open but on which the operations of the agency are required to be maintained at only a minimum level.
(3) On Cesar Chavez day, each state agency shall remain open and conduct the operations of the agency at no less than a minimum level.
(4) A holiday allowed under this section is in lieu of a legal holiday described in section 24-11-101 (1). The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by this section.
Source: L. 2001: Entire section added, p. 153, § 1, effective March 27.
24-11-113. Public lands day. (1) The third Saturday in May in each year is known as Public Lands Day, and appropriate observance may be held by the public and in all public schools of the state in tribute to the importance of public lands in the state.
(2) Annually the governor shall issue a proclamation calling for the celebration of public lands day.
Source: L. 2016: Entire section added, (SB 16-021), ch. 167, p. 531, § 1, effective August 10.
24-11-114. Welcome Home Vietnam Veterans Day. The thirtieth day of March in each year is known as Welcome Home Vietnam Veterans Day, and appropriate observance may be held by the public and in all public schools of the state in tribute to the service and sacrifice of Vietnam veterans.
Source: L. 2021: Entire section added, (SB 21-024), ch. 22, p. 107, § 2, effective March 30.
Cross references: For the legislative declaration in SB 21-024, see section 1 of chapter 22, Session Laws of Colorado 2021.
24-11-115. Lunar New Year Day. The first Friday of February in each year is known as Lunar New Year Day. Appropriate observance may be held by the public and in all public schools of the state.
Source: L. 2023: Entire section added, (HB 23-1271), ch. 335, p. 2016, § 2, effective August 7.
Cross references: For the legislative declaration in HB 23-1271, see section 1 of chapter 335, Session Laws of Colorado 2023.
24-11-116. Jury Appreciation Day. (1) The fifth day of September in each year, the same being the anniversary of one of the most famous jury verdicts in United States history, is known as Jury Appreciation Day. Appropriate observance by suitable means may be held by the public, by all jury commissioners, and in all public schools of the state to recognize the importance of jury service to the community, the importance of jury trials to the state, and the great contribution jury trials make to the cause of freedom. All efforts and undertakings in celebrating Jury Appreciation Day must be in harmony with the general character of the day so established.
(2) Annually, the governor shall issue a proclamation calling for the recognition of Jury Appreciation Day.
(3) On Jury Appreciation Day, each state agency shall remain staffed at a minimum level to conduct the usual operations of the agency.
(4) A holiday allowed pursuant to this section is in lieu of a legal holiday described in section 24-11-101 (1). The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by this section.
Source: L. 2023: Entire section added, (SB 23-282), ch. 253, p. 1436, § 2, effective August 7.
Cross references: For the legislative declaration in SB 23-282, see section 1 of chapter 253, Session Laws of Colorado 2023.
24-11-117. Women Veterans Appreciation Day - legislative declaration. (1) The general assembly finds and declares that:
(a) Throughout our nation's history, over three million women have volunteered to serve our country by providing military service to the United States of America. Women have courageously served and historically trailblazed throughout the years, including disguising themselves as male soldiers during the American revolution and civil war; serving in the United States Army nurse corps, signal corps, and in clerical positions during world war I when women did not have the right to vote; and serving as mechanics, clerical workers, truck drivers, ferry and shuttle pilots, and in air combat tactics during world war II.
(b) There are currently over eight thousand five hundred Colorado women serving in the six branches of the armed forces and over forty-seven thousand Colorado women veterans. On March 1, 2013, the first female major general was chosen to be the superintendent of the United States Air Force academy, and in 2016, the United States Army enlisted a Colorado female into the infantry for the first time. In 2020, Governor Jared Polis appointed the first female adjutant general of Colorado.
(c) There are currently twenty-one states and United States territories that recognize June 12 as a day to recognize women veterans, including Alaska, California, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, New Jersey, New York, Ohio, Oregon, Rhode Island, South Carolina, the U.S. Virgin Islands, Utah, and Wisconsin;
(d) Women veterans have long fought for equal recognition of their contributions to the safety and security of our nation;
(e) After service, women veterans face higher rates of unemployment and homelessness than their male counterparts;
(f) Women veterans, especially those with dependent children, face higher rates of poverty than their male counterparts;
(g) Women veterans face rates of post-traumatic stress as much as three times higher than their male counterparts;
(h) As many as one in twelve women are sexually assaulted while on active duty;
(i) Women veterans die by suicide at six times the rate of their civilian counterparts;
(j) Despite the disproportionate impacts that military service has had on the women who served, their needs have yet to be fully recognized by national, state, and local veterans service organizations;
(k) Women veterans continue to be denied access to services otherwise available to their male counterparts, including access to shelters that accommodate women or their dependent children, reproductive and other health-care services, mental health services specializing in sexual trauma, and other resources that recognize the challenges faced by women veterans;
(l) Despite these sometimes overwhelming challenges, women continue to volunteer to serve and are the fastest growing segment of United States military and veteran populations; and
(m) In order to honor the courage and sacrifice of women veterans, bring attention to the unique challenges they face, and affirm the state of Colorado's commitment to meeting the needs of our women veterans and their families, the general assembly finds it necessary to establish a women veterans appreciation day, and this day shall be used not only as an occasion to honor their service, but as an annual call to veterans organizations statewide to review their programs and work towards improving outcomes for women veterans.
(2) The twelfth day of June in each year is known as Women Veterans Appreciation Day, and appropriate observance may be held by the public and in all public schools of the state in tribute to the service and sacrifice of women veterans.
Source: L. 2024: Entire section added, (HB 24-1236), ch. 434, p. 3041, § 1, effective August 7.
24-11-118. Living Organ Donor Recognition Day. The eleventh day of April each year is known as Living Organ Donor Recognition Day. Appropriate observance may be held by the public and in all public schools of the state.
Source: L. 2024: Entire section added, (HB 24-1132), ch. 331, p. 2246, § 5, effective June 3.
ARTICLE 12
Oaths and Affirmations
24-12-101. Form of oath or affirmation for public office - requirements for oath or affirmation. (1) When a person is required to take an oath or affirmation before the person enters upon the discharge of a public office or position, the form of the oath or affirmation is as follows:
I [name], do [select swear, affirm, or swear by the everliving God] that I will support the constitution of the United States, the constitution of the state of Colorado, and the laws of the state of Colorado, and will faithfully perform the duties of the office of [name of office or position] upon which I am about to enter to the best of my ability.
If choosing to swear an oath, the person swearing shall do so with an uplifted hand.
(2) The oath or affirmation must be:
(a) In writing and signed by the person taking the oath or affirmation;
(b) Administered as provided in section 24-12-103; and
(c) Taken, signed, administered, and filed as specified in subsection (3) of this section before the person enters upon the public office or position.
(3) Officers of the executive department, judges of the supreme and subsidiary courts, and district attorneys shall file their oaths or affirmations of office with the secretary of state. Every other person required by law to file an oath or affirmation of office shall file with the county clerk of the county wherein the person was elected or appointed.
Source: R.S. p. 482, § 1. G.L. § 1925. G.S. § 2471. R.S. 08: § 4669. C.L. § 7958. CSA: C. 115, § 1. CRS 53: § 98-1-1. C.R.S. 1963: § 98-1-1. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 691, § 2, effective August 8; (1) amended, (SB 18-242), ch.355, p. 2115, § 1, effective August 8.
Cross references: (1) For constitutional requirements of oaths, see §§ 8 and 9 of art. XII, Colo. Const.
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
24-12-102. Form of oaths or affirmations for purposes other than public office. Whenever any person is required to take or subscribe an oath, and in all cases where an oath is to be administered upon any lawful occasion, and the person has conscientious scruples against taking an oath, the person is permitted to make a solemn affirmation in lieu of an oath. Whenever any person is required to take an oath or affirmation, other than an oath for public office or position in accordance with section 24-12-101, the person shall take or subscribe the oath or affirmation in the manner specified in the particular law that imposes the requirement.
Source: R.S. p. 482, § 2. G.L. § 1926. G.S. § 2472. R.S. 08: § 4670. C.L. § 7959. CSA: C. 115, § 2. CRS 53: § 98-1-2. C.R.S. 1963: § 98-1-2. L. 72: p. 563, § 33. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 692, § 3, effective August 8.
Cross references: (1) For perjury in the first degree, see § 18-8-502.
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
24-12-103. Who may administer oaths or affirmations. (1) All courts in this state and each judge, justice, magistrate, referee, clerk, and deputy clerk; court reporters who hold the registered professional reporter, certified verbatim reporter, or certified verbatim reporter - stenotype certification or higher; members and referees of the division of labor standards and statistics; members of the public utilities commission; and notaries public have power to administer oaths or affirmations to witnesses and others concerning a matter, thing, process, or proceeding pending, commenced, or to be commenced before them.
(2) The courts, judges, magistrates, referees, clerks, and deputy clerks within their respective districts or counties; court reporters who hold the registered professional reporter, certified verbatim reporter, or certified verbatim reporter - stenotype certification or higher; a person designated by the governing body, or an officer of the body; and notaries public within a county of this state have the power to administer all oaths or affirmations of office and other oaths or affirmations required to be taken by a person upon a lawful occasion and to take affidavits and depositions concerning a matter or thing, process, or proceeding pending, commenced, or to be commenced in a court or on an occasion an affidavit or a deposition is authorized or by law required to be taken.
Source: R.S. p. 482, § 3. G.L. § 1927. G.S. § 2473. R.S. 08: § 4671. C.L. § 7960. CSA: C. 115, § 3. L. 45: p. 495, § 1. CRS 53: § 98-1-3. C.R.S. 1963: § 98-1-3. L. 64: p. 293, § 235. L. 65: p. 893, § 1. L. 91: Entire section amended, p. 365, § 38, effective April 9. L. 2016: Entire section amended, (HB 16-1323), ch. 131, p. 380, § 17, effective August 10. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 692, § 4, effective August 8. L. 2022: Entire section amended, (SB 22-020), ch. 57, p. 263, § 1, effective March 30. L. 2025: Entire section amended, (HB 25-1301), ch. 306, p. 1604, § 1, effective May 30.
Cross references: (1) For the authority of county clerks to administer oaths, see § 30-10-416; for the power of the public utilities commission to administer oaths, see § 40-6-103 (1).
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
24-12-104. Officers in armed forces empowered to perform notarial acts. (1) In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed before or by any commissioned officer in active service of the armed forces of the United States or any such officer performing inactive-duty training with the equivalent rank of second lieutenant or higher in any component part of the armed forces of the United States, by or for any person who is a member of the armed forces of the United States, or is serving as a merchant seaman outside the limits of the United States included within the fifty states and the District of Columbia, or is outside said limits by permission, assignment, or direction of any department or official of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged.
(2) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, whenever made or taken, are hereby declared legal, valid, and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state under the same circumstances and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law.
(3) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate indorsed upon or attached to the instrument or document that shows the date of the notarial act and that states, in substance, that the person appearing before the officer acknowledged the instrument as his or her act or made or signed the instrument or document under oath or affirmation shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.
(4) If the signature, rank, and branch of service or subdivision thereof of any such commissioned officer appears upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section.
(5) If any instrument is acknowledged substantially as provided in this section, whether such acknowledgment has been taken before or after February 27, 1943, such acknowledgment shall be prima facie evidence of proper execution of such instrument and shall carry with it the presumptions provided for by section 38-35-101, C.R.S.
Source: L. 43: p. 218, § 2. CSA: C. 115, § 3A. L. 47: p. 355, § 3A. CRS 53: § 98-1-4. C.R.S. 1963: § 98-1-4. L. 91: (1) amended, p. 1379, § 1, effective May 18. L. 2018: (3) amended, (HB 18-1138), ch. 88, p. 693, § 5, effective August 8.
Cross references: (1) For acknowledgments by persons in the armed forces, see § 38-30-127.
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
24-12-105. Appointees of officers of home rule cities and city and counties. In all home rule cities and city and counties, the charters of which provide that officers, boards, or commissions named therein shall perform the acts and duties required of county officers by the state constitution or by general law, any deputy, employee, or appointee of such officer, board, or commission may administer any oath or affirmation which, by the state constitution or general law, might be administered by the county officer whose duties are performed by such officer, board, or commission making such appointment or employing such deputy, so long as such deputy, employee, or appointee is employed in such capacity.
Source: L. 35: p. 1113, § 1. CSA: C. 115, § 4. CRS 53: § 98-1-5. C.R.S. 1963: § 98-1-5.
Cross references: For constitutional provisions on home rule cities and towns, see art. XX, Colo. Const.
24-12-106. False swearing or affirming, perjury. All oaths and affirmations, affidavits, and depositions administered or taken shall subject any person who swears or affirms falsely and willfully, in the matter material to any issue or point in question, to the penalties inflicted by law on persons guilty of perjury in the first degree.
Source: R.S. p. 483, § 5. G.L. § 1929. G.S. § 2475. R.S. 08: § 4673. C.L. § 7961. CSA: C. 115, § 5. CRS 53: § 98-1-6. C.R.S. 1963: § 98-1-6. L. 72: p. 563, § 34.
Cross references: For perjury in the first degree, see § 18-8-502.
24-12-107. Oaths taken out of state. All oaths and affirmations required or authorized to be taken by any statute of this state, when the person required to make the same resides out of or is absent from this state, may be made before and administered by any notary public or clerk of any court of record of the state wherein such person may be, such notary or clerk certifying the same under his notarial seal or the seal of such court.
Source: R.S. p. 483, § 6. G.L. § 1930. G.S. § 2476. R.S. 08: § 4674. C.L. § 7962. CSA: C. 115, § 6. CRS 53: § 98-1-7. C.R.S. 1963: § 98-1-7.
24-12-108. Tax returns - applications for refunds. Any person required to make any return or any application for refund or protest against any deficiency assessment involving any tax imposed by the sales, use, income, motor fuel, and motor vehicle tax laws under oath or affirmation, in lieu of such oath or affirmation, may make a written verification or declaration that it is true and correct and that it is made under the penalties of perjury in the first degree, and the same is valid and complete without any attestation before a notary public or other officer if the signature thereto is witnessed by a legally competent person.
Source: L. 43: p. 445, § 1. CSA: C. 115, § 7. CRS 53: § 98-1-8. C.R.S. 1963: § 98-1-8. L. 72: p. 563, § 35.
Cross references: For perjury in the first degree, see § 18-8-502.
ARTICLE 13
Official Bonds
24-13-101. Clerks of district courts. (Repealed)
Source: R.S. p. 484, § 1. G.L. § 1931. G.S. § 2477. L. 07: p. 272, § 1. R.S. 08: § 4679. L. 11: p. 215, § 1. C.L. § 7963. CSA: C. 117, § 1. CRS 53: § 99-1-1. C.R.S. 1963: § 99-1-1. L. 2013: Entire section repealed, (HB 13-1053), ch. 41, p. 112, § 1, effective March 15.
24-13-102. Suits on clerk's bond. (Repealed)
Source: R.S. p. 484, § 2. G.L. § 1932. G.S. § 2478. R.S. 08: § 4680. C.L. § 7964. CSA: C. 117, § 2. CRS 53: § 99-1-2. C.R.S. 1963: § 99-1-2. L. 2013: Entire section repealed, (HB 13-1053), ch. 41, p. 112, § 1, effective March 15.
24-13-103. Bond filed with secretary of state. (Repealed)
Source: R.S. p. 484, § 3. G.L. § 1933. G.S. § 2479. R.S. 08: § 4681. C.L. § 7965. CSA: C. 117, § 3. CRS 53: § 99-1-3. C.R.S. 1963: § 99-1-3. L. 2013: Entire section repealed, (HB 13-1053), ch. 41, p. 112, § 1, effective March 15.
24-13-104. Judge to examine bond. (Repealed)
Source: R.S. p. 484, § 5. G.L. § 1935. L. 1883: p. 245, § 1. G.S. § 2481. R.S. 08: § 4683. C.L. § 7967. CSA: C. 117, § 5. CRS 53: § 99-1-4. C.R.S. 1963: § 99-1-4. L. 2013: Entire section repealed, (HB 13-1053), ch. 41, p. 112, § 1, effective March 15.
24-13-105. County board to examine bonds - new bond. It is the duty of the board of county commissioners of each county, at each regular term, on the first day of each term, to examine and inquire into the sufficiency of the official bond of the county treasurer, sheriff, coroner, county assessor, county clerk and recorder, and county surveyor and all other official bonds given by any county officer, as required by law. If it appears that one or more of the sureties on the official bond of any such county officer have removed from the county, died, or become insolvent or of doubtful solvency, the board of county commissioners shall cause such officer to be summoned to appear before said board, on a day to be named in said summons, to show cause why he should not be required to give a new bond, with sufficient surety. If, at the appointed time, he fails to satisfy said board as to the sufficiency of the present surety, an order shall be entered of record by said board, requiring such officer to file in the office of the county clerk and recorder, within twenty days, a new bond, to be approved as required by law, unless the number and pecuniary ability of other sureties on the bond are such as to satisfy the board that the bond is sufficient, notwithstanding the fact that one or more of the sureties on said bond may have removed, died, or become insolvent or of doubtful solvency, in which case the bond in question, in the discretion of said board, may be held to be sufficient.
Source: R.S. p. 485, § 6. G.L. § 1936. G.S. § 2482. R.S. 08: § 4684. C.L. § 7968. CSA: C. 117, § 6. CRS 53: § 99-1-5. C.R.S. 1963: § 99-1-5. L. 64: p. 294, § 236.
24-13-106. Parties interested may offer evidence. All persons interested in the sufficiency of the official bond of any of the officers or persons named in section 24-13-105 may appear at the prescribed time and place and shall be allowed to introduce any evidence lawfully tending to prove the removal, death, insolvency, or doubtful solvency of any surety on such official bond, and the officer or person interested, or any of his sureties, may also appear and introduce any evidence lawfully tending to establish the sufficiency of such official bond.
Source: R.S. p. 486, § 8. G.L. § 1938. G.S. § 2484. R.S. 08: § 4685. C.L. § 7969. CSA: C. 117, § 7. CRS 53: § 99-1-6. C.R.S. 1963: § 99-1-6. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 2, effective March 15.
24-13-107. Record of examination. It is the duty of the board of county commissioners to enter upon their respective records, at the time prescribed in section 24-13-105 for an examination, that an examination and inquiry into the sufficiency of the official bonds within their cognizance has been made and that they severally are deemed sufficient or insufficient as the facts may justify.
Source: R.S. p. 486, § 9. G.L. § 1939. G.S. § 2485. R.S. 08: § 4686. C.L. § 7970. CSA: C. 117, § 8. CRS 53: § 99-1-7. C.R.S. 1963: § 99-1-7. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 3, effective March 15.
24-13-108. Failure to file new bond - vacancy. If any officer or person enumerated in section 24-13-105 fails to file a new bond within the prescribed time when so required by an order entered of record requiring the filing of such new bond, the officer in default shall be deemed to have vacated his office, and the same steps shall be taken to fill such vacancy thus created as are taken to fill a vacancy by the death or resignation of such officer.
Source: R.S. p. 486, § 10. G.L. § 1940. G.S. § 2486. R.S. 08: § 4687. C.L. § 7971. CSA: C. 117, § 9. CRS 53: § 99-1-8. C.R.S. 1963: § 99-1-8. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 4, effective March 15.
24-13-109. Release of sureties - notice. Any person who is the surety of any sheriff, coroner, county clerk and recorder, county treasurer, county surveyor, or other county officer shall have the power of releasing himself from further liability as such surety for such officer by filing in the office of the county clerk and recorder a notice that he is no longer willing to be surety for such officer. If the person so desiring to be released from such surety is suretyship for the county clerk and recorder, in addition to such filing of notice, he shall deliver a copy of the notice to the chairman of the board of county commissioners or, if he is absent, to some other member of said board.
Source: R.S. p. 486, § 11. G.L. § 1941. G.S. § 2487. R.S. 08: § 4688. C.L. § 7972. CSA: C. 117, § 10. CRS 53: § 99-1-9. C.R.S. 1963: § 99-1-9. L. 64: p. 294, § 237. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 5, effective March 15.
24-13-110. Duty of county clerk and recorder. When any notice is filed with the county clerk and recorder, he shall immediately give notice thereof to such officer, who shall thereupon file other surety, to be approved by the board of county commissioners if the same is then in session or if a session thereof is commenced within ten days after notice has been given, but, if said board is not in session nor a session thereof is commenced within ten days thereafter, the officer within ten days shall file said bond with the county clerk and recorder, who shall judge of the sufficiency of said bond, subject to the decision and approval of said board of county commissioners at their first meeting thereafter. If such notice relates to the surety of the county clerk and recorder, it is the duty of the county commissioner to whom the copy of such notice is given immediately to require said clerk to file other surety to be approved by the board of county commissioners in like manner, but, if said board is not in session, the county commissioner to whom such notice may be given may approve such surety, subject to the decision and approval of the said board at its first meeting thereafter.
Source: R.S. p. 487, § 12. G.L. § 1942. G.S. § 2488. R.S. 08: § 4689. C.L. § 7973. CSA: C. 117, § 11. CRS 53: § 99-1-10. C.R.S. 1963: § 99-1-10. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 6, effective March 15.
24-13-111. Effect of new bond - release. If a new bond is given by any officer, then the former sureties shall be entirely released and discharged from all liability incurred by any such officer as to any business which may have been transacted from and after the time of the approval of the new bond, and the sureties to the new bond shall be liable for all official delinquencies of said officer, whether of omission or commission, which may occur after approval of the new bond.
Source: R.S. p. 487, § 14. G.L. § 1944. G.S. § 2490. R.S. 08: § 4691. C.L. § 7975. CSA: C. 117, § 13. CRS 53: § 99-1-12. C.R.S. 1963: § 99-1-12.
24-13-112. Embezzlement - vacancy. If any master, clerk of the district court, sheriff, coroner, county judge, county treasurer, county assessor, county clerk and recorder, or other officer embezzles or appropriates to his own use any money which may be paid to him by virtue of his office and is convicted therefor, the court pronouncing such judgment shall declare the office held by such officer to be vacant, and such vacancy shall be filled as provided by law.
Source: R.S. p. 488, § 15. G.L. § 1945. G.S. § 2491. R.S. 08: § 4692. C.L. § 7976. CSA: C. 117, § 14. CRS 53: § 99-1-13. C.R.S. 1963: § 99-1-13. L. 64: p. 295, § 239.
24-13-113. Failure to file bond. It is the duty of such sheriff, coroner, county treasurer, county assessor, county clerk and recorder, or other officer, if he fails to give bond, to deliver over to his sureties forthwith all books, moneys, vouchers, papers, and every description of property whatever, pertaining to his office; and the sureties, at any time after failure to file bond, may maintain an action of replevin or other appropriate action to recover such property, money, or effects from their principal.
Source: R.S. p. 488, § 16. G.L. § 1946. G.S. § 2492. R.S. 08: § 4693. C.L. § 7977. CSA: C. 117, § 15. CRS 53: § 99-1-14. C.R.S. 1963: § 99-1-14. L. 64: p. 295, § 240. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 113, § 7, effective March 15.
24-13-114. Officers failing to deliver, not to act - penalty. If any officer designated in section 24-13-105 fails to deliver any money, property, or effects to his sureties or acts or attempts to act in the performance of the duties of his office after failing to give a new bond, he is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars.
Source: R.S. p. 488, § 17. G.L. § 1947. G.S. § 2493. R.S. 08: § 4694. C.L. § 7978. CSA: C. 117, § 16. CRS 53: § 99-1-15. C.R.S. 1963: § 99-1-15. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 114, § 8, effective March 15.
24-13-115. Effect of release of sureties. The provisions of this article shall not be so construed as to operate as a release of the sureties of any of the aforesaid officers for liabilities incurred previous to the filing of a new bond.
Source: R.S. p. 488, § 18. G.L. § 1948. G.S. § 2494. R.S. 08: § 4695. C.L. § 7979. CSA: C. 117, § 17. CRS 53: § 99-1-16. C.R.S. 1963: § 99-1-16.
24-13-116. Approval of bonds - clerk of county board. The county treasurer, county assessor, county clerk and recorder, or any county officer shall file his official bond in the office of the county clerk and recorder, which bond shall be executed as required by law and shall be approved by the board of county commissioners in open session. If said board is not in session on the filing of such bond, then the county clerk and recorder shall judge of its sufficiency, subject to the final decision and approval of said board at its first meeting thereafter. If said board is not in session, the county clerk and recorder, in filing his bond, shall present the same to the chairman of the board of county commissioners or, in case of his absence or inability to act, to one of the other members of said board, who shall judge of its sufficiency, subject to the decision and approval of said board at its first meeting thereafter.
Source: R.S. p. 488, § 20. G.L. § 1950. G.S. § 2496. R.S. 08: § 4697. C.L. § 7981. CSA: C. 117, § 19. CRS 53: § 99-1-17. C.R.S. 1963: § 99-1-17. L. 64: p. 296, § 241.
Cross references: For approval of county surveyor's bond, see § 30-10-901.
24-13-117. Approval of bonds to be of record. It is the duty of the board of county commissioners to make an entry in the records of said board of its approval of all official bonds, and, when so approved by said board, the county clerk and recorder shall record the same in the records of said county for inspection by all persons.
Source: R.S. p. 489, § 22. G.L. § 1952. G.S. § 2498. R.S. 08: § 4699. C.L. § 7983. CSA: C. 117, § 21. CRS 53: § 99-1-19. C.R.S. 1963: § 99-1-19.
24-13-118. Neglect to examine bonds - penalty. If any board of county commissioners willfully neglects to inquire and examine into the sufficiency of any of the official bonds named in this article, each member of the board is guilty of a public omission of duty and is liable in damages to any person who may receive injury by such neglect, to be recovered before any court of competent jurisdiction in this state by a civil action.
Source: R.S. p. 489, § 23. G.L. § 1953. G.S. § 2499. R.S. 08: § 4700. C.L. § 7984. CSA: C. 117, § 22. CRS 53: § 99-1-20. C.R.S. 1963: § 99-1-20.
24-13-119. Officers shall not become sureties. No district judge, district attorney, county commissioner, county attorney, county clerk and recorder, or county judge shall become a surety on any official bond given by any county officer in this state.
Source: L. 1879: p. 27, § 1. G.S. § 2501. R.S. 08: § 4702. C.L. § 7986. CSA: C. 117, § 24. CRS 53: § 99-1-22. C.R.S. 1963: § 99-1-22. L. 64: p. 296, § 242.
24-13-120. Forfeiture of office by becoming surety. No such officer shall become surety on any bond or obligation given to any board of county commissioners in this state. A violation of this section or section 24-13-119 shall work a forfeiture of any office held by such officer.
Source: L. 1879: p. 27, § 2. G.S. § 2502. R.S. 08: § 4703. C.L. § 7987. CSA: C. 117, § 25. CRS 53: § 99-1-23. C.R.S. 1963: § 99-1-23.
24-13-121. Official bond payable to people. Every official bond of any county officer, if not otherwise provided by law, shall be payable to the people of the state of Colorado, and an action shall lie thereon to the use of any party aggrieved in the name of the people.
Source: G.L. § 563. G.S. § 663. R.S. 08: § 4704. C.L. § 7988. CSA: C. 117, § 26. CRS 53: § 99-1-24. C.R.S. 1963: § 99-1-24.
24-13-122. Freeholders only acceptable as surety. (Repealed)
Source: L. 1889: p. 106, § 1. R.S. 08: § 4705. C.L. § 7989. CSA: C. 117, § 27. CRS 53: § 99-1-25. C.R.S. 1963: § 99-1-25. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 463, § 3, effective August 8.
Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
24-13-123. Statement of surety - contents. (Repealed)
Source: L. 1889: p. 106, § 2. R.S. 08: § 4706. C.L. § 7990. CSA: C. 117, § 28. CRS 53: § 99-1-26. C.R.S. 1963: § 99-1-26. L. 72: p. 564, § 36. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 463, § 4, effective August 8.
Cross references: (1) For perjury in the second degree, see § 18-8-503.
(2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
24-13-124. Approval or rejection of bonds. Nothing in this section shall be construed to abridge, limit, or restrict the powers vested by law in boards of county commissioners to approve or reject, in their discretion, the bonds of county officers in their respective counties, to accept or refuse any surety offered thereon, and to require a new bond to be given in any case when they may deem the bond of any county officer insufficient from any cause for the public security.
Source: L. 1889: p. 106, § 3. R.S. 08: § 4707. C.L. § 7991. CSA: C. 117, § 29. CRS 53: § 99-1-27. C.R.S. 1963: § 99-1-27. L. 2018: Entire section amended, (HB 18-1140), ch. 41, p. 463, § 5, effective August 8.
Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
24-13-125. Official bonds - expense of premiums. Any state, county, municipal, district, or court officer required by law to give a bond or other obligation as such officer may include, as part of the lawful expenses of executing and performing the duties of his office, such reasonable premium as may be charged by a company authorized under the laws of this state so to do for becoming his surety on such bond or obligation and such reasonable premium as may be charged by such company for becoming surety upon the bond of any deputy, clerk, or employee of such officer who is required by law or by such officer to give bond. Such premium shall not exceed one-half of one percent per annum on the amount or penalty of each bond or obligation.
Source: L. 19: p. 317, § 1. C.L. § 7992. CSA: C. 117, § 30. CRS 53: § 99-1-28. C.R.S. 1963: § 99-1-28.
24-13-126. Premiums, how paid. The expenses provided in section 24-13-125, in the case of state officers and their deputies, clerks, or employees, shall be paid from the state treasury, and the general assembly shall make the necessary appropriations therefor. In the case of all other officers and their deputies, clerks, or employees, such expenses shall be paid from any fund provided by such county, municipality, district, precinct, or court for the payment thereof or for the payment of the incidental or contingent expenses of any such officer, or the same shall be paid by such officer from any fund in his possession from which he is authorized to pay the expenses or salaries of his office.
Source: L. 19: p. 317, § 2. C.L. § 7993. CSA: C. 117, § 31. CRS 53: § 99-1-29. C.R.S. 1963: § 99-1-29.
ARTICLE 14
Liability - State and County Employees
24-14-101. Definitions. As used in this article, unless the context otherwise requires:
(1) Agent means any person duly authorized by an officer or employee to perform an act within the course of his service or employment.
(2) Employee means any employee of the state or its governmental subdivisions.
(3) Officer means any elected or appointed public official.
(4) State means any agency or department of the state of Colorado, a county, or a city and county.
Source: L. 62: p. 177, § 1. C.R.S. 1963: § 72-16-1.
24-14-102. Authorize purchase of liability insurance and crime insurance in lieu of a public official personal surety bond - definitions. (1) The head of a department of the state of Colorado, with the approval of the governor or, in the case of the county or city and county, the chief executive officer or board of county commissioners, subject to appropriations being available therefor, is hereby authorized to procure insurance, through the department of personnel as provided in the Procurement Code, articles 101 to 112 of this title 24, for the purpose of insuring its officers, employees, and agents against any liability, other than a liability that may be insured against under the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, for injuries or damages resulting from their negligence or other tortious conduct during the course of their service or employment. Counties or cities and counties are authorized to insure their officers, employees, and agents against similar liabilities.
(2) (a) Whenever a person is required by law to provide or purchase a personal surety bond as a condition of serving in a public elected, appointed, or employed position, the public entity for which the person will serve may, in lieu of the required bond, purchase crime insurance to protect the public entity from any dishonesty, theft, or fraud by the person. However, this section does not apply to the bond required of the state treasurer pursuant to section 24-22-101.
(b) If a public entity purchases crime insurance in lieu of a personal surety bond pursuant to this subsection (2), the public official or employee is relieved of all statutory requirements related to the personal surety bond, including requirements as to the type, provider, form, amount, or filing of the personal surety bond. The public entity is likewise relieved of any statutory requirements related to the personal surety bond of the public official or employee.
(c) Crime insurance purchased pursuant to this subsection (2) must be purchased from an insurance provider licensed in the state of Colorado. The public entity shall pay the premiums for the insurance.
(d) As used in this subsection (2), unless the context otherwise requires:
(I) Crime insurance means a form of insurance to protect public assets from loss due to dishonesty, theft, or fraud by a public official.
(II) Personal surety bond means a bond, surety, surety bond, surety company bond, corporate surety bond, corporate fidelity bond, individual bond, schedule bond, blanket bond, or official bond.
(III) Public entity means the state of Colorado, principal departments listed in section 24-1-110, public colleges and universities, state or local commissions, state or local authorities, counties, cities, cities and counties, towns, municipalities, districts, special districts, boards, and school districts.
Source: L. 62: p. 177, § 2. C.R.S. 1963: § 72-16-2. L. 81: Entire section amended, p. 1286, § 5, effective January 1, 1982. L. 90: Entire section amended, p. 568, § 47, effective July 1. L. 96: Entire section amended, p. 1516, § 46, effective June 1. L. 2018: Entire section amended, (HB 18-1140), ch. 41, p. 463, § 6, effective August 8.
Cross references: (1) For the Workers' Compensation Act of Colorado, see articles 40 to 47 of title 8; for authority for public entities other than the state to obtain insurance, see § 24-10-115.
(2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.
24-14-103. Approval of seller - premium cost. Any policy of insurance shall be obtained from an insurer authorized to transact business in this state and deemed by the department of personnel or the appropriate governing body of the governmental subdivision to be responsible and financially sound considering the extent of the coverage required. The premium for such insurance shall be a proper charge against the state or the appropriate governmental subdivision.
Source: L. 62: p. 178, § 3. C.R.S. 1963: § 72-16-3. L. 81: Entire section amended, p. 1291, § 16, effective January 1, 1982. L. 96: Entire section amended, p. 1516, § 47, effective June 1.
24-14-104. Amount of coverage - limitations. (1) The extent of the insurance coverage shall be limited as follows:
(a) For any bodily injury and property damage to one person in any single occurrence, the sum of one hundred fifty thousand dollars;
(b) For any bodily injury and property damage to two or more persons in any single occurrence, the sum of four hundred thousand dollars; except that, in such instance, no person may recover in excess of one hundred fifty thousand dollars.
Source: L. 62: p. 178, § 4. C.R.S. 1963: § 72-16-4. L. 71: p. 1213, § 6. L. 72: p. 600, § 92. L. 81: (1) amended, p. 1152, § 2, effective April 30.
24-14-105. Limitation of actions. No action arising against an officer, employee, or agent of the state or state governmental subdivision for which insurance coverage is provided in this article shall be brought unless the same is brought within the time period prescribed in section 13-80-102 or 13-80-102.5, C.R.S., except as set forth in section 13-80-103 (1)(b) and (1)(c), C.R.S.
Source: L. 62: p. 178, § 6. C.R.S. 1963: § 72-16-6. L. 86: Entire section amended, p. 704, § 16, effective May 23. L. 88: Entire section amended, p. 627, § 3, effective July 1.
ARTICLE 15
Seals
24-15-101. Seals. Whenever this title requires the use of a seal in the performance of any duties, it shall be sufficient that a rubber stamp with a facsimile affixed thereon of the seal required to be used is placed or stamped with indelible ink upon the document requiring the seal.
Source: L. 75: Entire article added, p. 489, § 5, effective July 14.
ARTICLE 15.5
Flag of the United States
24-15.5-101. Display of flag of the United States - definitions. (1) Any state agency that purchases a flag of the United States for display may only display such flag if it has been made in the United States.
(2) For purposes of this article, state agency means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government.
Source: L. 2008: Entire article added, p. 94, § 1, effective September 11, 2009.
ARTICLE 16
Public Works Fiscal Responsibility
Accounting Act of 1981
24-16-101. Short title. This article shall be known and may be cited as the Public Works Fiscal Responsibility Accounting Act of 1981.
Source: L. 81: Entire article added, p. 1154, § 1, effective July 1.
24-16-102. Legislative declaration. The general assembly hereby finds, determines, and declares that there is a present need for information concerning the true cost of government public work projects which are performed in whole or in part by employees of or use of equipment, machinery, or materials owned by the state of Colorado.
Source: L. 81: Entire article added, p. 1154, § 1, effective July 1.
24-16-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agency of government means any state agency, department, division, board, bureau, commission, institution, or section which is a budgetary unit exercising purchasing authority or discretion.
(2) Contract means any agreement for public works for a fixed or determinable amount duly awarded after advertisement and competitive bid.
(3) Cost means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment, including depreciation, owned by an agency of government, and reasonable estimates of other administrative costs not otherwise directly attributable to the project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) Generally accepted cost accounting principles and standards means those accounting principles and standards promulgated by the cost accounting standards board of the American institute of certified public accountants which pertain to contractors engaged in the performance of government contracts.
(5) Project means any public work for which appropriation or expenditure of funds may be reasonably expected to exceed twenty-five thousand dollars in the aggregate for any fiscal year.
(6) Public work means any construction, alteration, repair, or improvement of any land, building, structure, facility, road, highway, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety or maintenance programs for the upkeep of public roads, highways, or bridge structures; except that public works does not include routine maintenance that is not definable by a stop or start time or by geographical limits.
(7) Responsible agency of government means the agency of government which has fiscal accountability for a project.
(8) Responsible official means the person having overall responsibility, including delegated authority, for keeping the accounting records of the responsible agency of government.
Source: L. 81: Entire article added, p. 1154, § 1, effective July 1.
24-16-104. Prohibition of division of works of public improvement construction. It is unlawful for any person to divide a works of public improvement construction into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article.
Source: L. 81: Entire article added, p. 1155, § 1, effective July 1.
24-16-105. Account and record of costs. Whenever an agency of government undertakes any public work project by any means or method other than by contract, it shall cause to be kept and preserved a full, true, and accurate record of the cost of such project. Such records shall be kept and maintained by a responsible official on behalf of the responsible agency of government. To the extent the responsible agency of government contracts with any other agency of government in connection with a project, such other agency shall provide all necessary data or information to enable the responsible agency of government to document a full, true, and accurate record of the cost of such project, which data or information shall be kept in an orderly manner by the responsible agency of government for a period of at least six years after completion of the project. All such records shall be considered public records and shall be made available for public inspection.
Source: L. 81: Entire article added, p. 1155, § 1, effective July 1.
Cross references: For the inspection of public records, see part 2 of article 72 of this title.
24-16-106. Rules and regulations. On or after July 1, 1981, but before January 1, 1982, the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article. In promulgating such rules and regulations, the controller may seek the advice of the advisory committee on governmental accounting appointed pursuant to section 29-1-503, C.R.S., but the advice of such committee shall not be binding upon the controller. He shall at all times be concerned with the promulgation and implementation of rules and regulations concerning the obligation of agencies of government to keep certain project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. Upon request of local government officials, the department of personnel may assist local government officials in implementing cost accounting procedures.
Source: L. 81: Entire article added, p. 1155, § 1, effective July 1. L. 95: Entire section amended, p. 640, § 32, effective July 1. L. 96: Entire section amended, p. 1516, § 48, effective June 1.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-16-107. Audit. If any agency of government is alleged to be in violation of or in material noncompliance with this article 16 or the rules promulgated by the office of the state controller, the legislative audit committee must be advised, in writing, of the activities alleged to be in violation or noncompliance. The legislative audit committee shall give notice to the agency, which shall have ten days to respond to such allegation. If the said committee thereafter determines that there is a reasonable probability of a violation or material noncompliance, the committee shall take appropriate action and may direct the state auditor to conduct an audit and review of the records being kept by such agency. If the state auditor determines that the agency has violated or has not complied or is not complying with this article 16 or the rules, a written report shall be issued to the agency detailing the areas of violation or noncompliance and curative recommendations. The agency shall implement the recommendations of the state auditor within a time period set by the state auditor not to exceed six months.
Source: L. 81: Entire article added, p. 1156, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1181), ch. 351, p. 1630, § 25, effective June 7. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1401, § 67, effective May 25.
24-16-108. Repeal. (Repealed)
Source: L. 81: Entire article added, p. 1156, § 1, effective July 1. L. 86: Entire section repealed, p. 883, § 1, effective February 27.
ARTICLE 17
State Department Financial Responsibility
and Accountability
PART 1
STATE DEPARTMENT FINANCIAL RESPONSIBILITY
AND ACCOUNTABILITY
24-17-101. Short title. This part 1 shall be known and may be cited as the State Department Financial Responsibility and Accountability Act.
Source: L. 88: Entire article added, p. 897, § 1, effective July 1. L. 2004: Entire section amended, p. 1126, § 2, effective May 27.
24-17-102. Control system to be maintained. (1) Each principal department of the executive department of the state government listed in section 24-1-110 shall institute and maintain systems of internal accounting and administrative control within said department, which shall be applicable to all agencies within said department and which shall provide for:
(a) A plan of organization that specifies such segregation of duties as may be necessary to assure the proper safeguarding of state assets;
(b) Restrictions permitting access to state assets only by authorized persons in the performance of their assigned duties;
(c) Adequate authorization and record-keeping procedures to provide effective accounting control over state assets, liabilities, revenues, and expenditures;
(d) Personnel of quality and integrity commensurate with their assigned responsibilities;
(e) An effective process of internal review and adjustment for changes in conditions.
Source: L. 88: Entire article added, p. 897, § 1, effective July 1.
24-17-103. Annual report to controller. Not later than December 31 of each year following April 9, 1988, the head of each principal department shall file, with the controller, the state auditor, and the governor, a written statement that the department's systems of internal accounting and control either do or do not fully comply with the requirements of section 24-17-102. In the event that the statement filed indicates that the systems employed by the department are not in compliance with section 24-17-102, the statement shall further detail specific weaknesses known to exist, together with plans and schedules for correcting any such weaknesses.
Source: L. 88: Entire article added, p. 898, § 1, effective July 1.
24-17-104. Public inspection. The report required under section 24-17-103 shall be available for inspection by members of the public, and the controller shall make copies available for that purpose upon request.
Source: L. 88: Entire article added, p. 898, § 1, effective July 1.
PART 2
STATE CONTINGENCY-BASED CONTRACTS
24-17-201. Short title. This part 2 shall be known and may be cited as the State Contingency-Based Contracts Act.
Source: L. 2004: Entire part added, p. 1124, § 1, effective May 27.
24-17-202. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Under certain circumstances, contingency-based contracts can benefit the state by reducing state agencies' fixed contractual costs and linking state agency expenditures to the achievement of desired results, but contingency-based contracts can also have unintended adverse consequences that impact state finances in ways that a contracting state agency might not foresee.
(b) Contracting is a function of the executive branch of state government, but the power to appropriate state moneys is a legislative function, and it is necessary and appropriate to provide limited legislative guidance to the executive branch regarding contingency-based contracts in order to protect state finances and the appropriations process from possible unintended adverse effects of contingency-based contracts.
(2) The general assembly further finds and declares that:
(a) Existing statutes expressly authorize certain state agencies to enter into contingency-based contracts in specified circumstances, and these statutes reflect the considered judgment of the general assembly that contingency-based contracts are appropriate in those circumstances. It is not the intent of the general assembly to subject contingency-based contracts entered into pursuant to specific statutory authorization to the requirements of this part 2.
(b) Because the office of state planning and budgeting is the executive branch agency that makes state economic forecasts for the executive branch and oversees the participation of the executive branch in the state budgeting process, it is the state agency best suited to determine, in accordance with the guidelines set forth in this part 2, whether a contingency-based contract not expressly authorized by statute is appropriate.
Source: L. 2004: Entire part added, p. 1124, § 1, effective May 27.
24-17-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Contingency-based contract means a contract entered into by a state agency and a vendor for services that:
(a) Requires all or part of the vendor's compensation to be computed by multiplying a stated percentage times the amount of measurable savings in the state agency's expenditures or costs of operation that are demonstrably attributable to the vendor's services under the contract; and
(b) Is entered into without the authority of a state statute that specifically authorizes the agency to enter into such a contract.
(2) Office means the office of state planning and budgeting created in section 24-37-102.
Source: L. 2004: Entire part added, p. 1125, § 1, effective May 27.
24-17-204. Review of contingency-based contracts by office of state planning and budgeting. (1) No contingency-based contract shall be deemed valid unless the head of the principal department of state government entering into the contract or containing the agency entering into the contract submits the contract and an analysis of the contract to the office as required by paragraph (b) of subsection (2) of this section and the office approves the contract and transmits its approval in writing to the department. The state controller shall also promptly forward each contingency-based contract that it reviews pursuant to section 24-30-202 to the office.
(2) (a) Whenever a principal department of state government or another state agency enters into a contingency-based contract, the department or agency shall prepare an analysis of the contract that addresses:
(I) The extent to which the contract requires the vendor's compensation to be computed on a contingency basis and the maximum potential contractual liability to pay contingency-based compensation to the vendor;
(II) The extent to which it is necessary to offer contingency-based compensation to the vendor and the amount of any reduction in fixed contractual costs achieved by offering contingency-based compensation;
(III) The extent to which the contractually specified performance measure used to determine contingency-based compensation is appropriate and capable of being accurately determined;
(IV) The extent to which the contingency-based compensation specified in the contract might affect the state budgeting and appropriations process; and
(V) Any other factors that the department or agency deems relevant to consider in evaluating the contract.
(b) The head of a principal department of state government entering into a contingency-based contract or containing an agency entering into a contingency-based contract shall sign both the contract and the analysis prepared pursuant to paragraph (a) of this subsection (2) and shall submit both the contract and the analysis to the office so that the office may approve or disapprove the contract.
(c) Upon receipt of a contingency-based contract and analysis, the office shall review and either approve or disapprove the contract. The office shall promptly transmit written notification of a decision to approve a contingency-based contract to the head of the principal department that submitted the contract to the office and the joint budget committee of the general assembly. The office shall promptly transmit written notification of a decision to disapprove a contingency-based contract only to the head of the principal department that submitted the contract to the office.
Source: L. 2004: Entire part added, p. 1125, § 1, effective May 27.
24-17-205. Existing legal requirements not superseded. The provisions of this part 2 shall not be construed to repeal, supersede, or otherwise affect any other statutory provisions that limit the use of or require review or approval of contingency-based contracts. Nothing in this part 2 shall be construed to authorize or prohibit a state agency from entering into a contingency-based contract in the absence of a statute that specifically authorizes the state agency to enter into such a contract.
Source: L. 2004: Entire part added, p. 1126, § 1, effective May 27.
ARTICLE 18
Standards of Conduct
Cross references: For provisions relating to abuse of public office, see part 4 of article 8 of title 18.
Law reviews: For article, Conflicts of Interest in Government, see 18 Colo. Law. 595 (1989); for article, Advising Quasi-Judges: Bias, Conflicts of Interest, Prejudgment, and Ex Parte Contacts, see 33 Colo. Law. 69 (March 2004).
PART 1
CODE OF ETHICS
24-18-101. Legislative declaration. The general assembly recognizes the importance of the participation of the citizens of this state in all levels of government in the state. The general assembly further recognizes that, when citizens of this state obtain public office, conflicts may arise between the public duty of such a citizen and his or her private interest. The general assembly hereby declares that the prescription of some standards of conduct common to those citizens involved with government is beneficial to all residents of the state. The provisions of this part 1 recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.
Source: L. 88: Entire article added, p. 899, § 1, effective July 1.
24-18-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Business means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit.
(2) Compensation means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.
(3) Employee means any temporary or permanent employee of a state agency or any local government, except a member of the general assembly and an employee under contract to the state.
(4) Financial interest means a substantial interest held by an individual which is:
(a) An ownership interest in a business;
(b) A creditor interest in an insolvent business;
(c) An employment or a prospective employment for which negotiations have begun;
(d) An ownership interest in real or personal property;
(e) A loan or any other debtor interest; or
(f) A directorship or officership in a business.
(5) Local government means the government of any county, city and county, city, town, special district, or school district.
(6) Local government official means an elected or appointed official of a local government, but does not include an employee of a local government. Local government official includes a member of the board of commissioners of any airport authority created pursuant to article 3 of title 41.
(7) Official act or official action means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.
(8) Public officer means any elected officer, the head of a principal department of the executive branch, and any other state officer. Public officer does not include a member of the general assembly, a member of the judiciary, any local government official, or any member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses.
(9) State agency means the state; the general assembly and its committees; every executive department, board, commission, committee, bureau, and office; every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof; and every independent commission and other political subdivision of the state government except the courts.
Source: L. 88: Entire article added, p. 899, § 1, effective July 1. L. 90: (1) amended, p. 447, § 10, effective April 18. L. 91: (8) amended, p. 837, § 1, effective March 29. L. 2023: (6) amended, (HB 23-1156), ch. 60, p. 217, § 6, effective August 7.
24-18-103. Public trust - breach of fiduciary duty. (1) The holding of public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of public officers, members of the general assembly, local government officials, and employees. A public officer, member of the general assembly, local government official, or employee shall carry out his duties for the benefit of the people of the state.
(2) A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust. The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the state or local government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such public officer, member of the general assembly, local government official, or employee.
Source: L. 88: Entire article added, p. 900, § 1, effective July 1.
24-18-104. Rules of conduct for all public officers, members of the general assembly, local government officials, and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A public officer, a member of the general assembly, a local government official, or an employee shall not:
(a) Disclose or use confidential information acquired in the course of his official duties in order to further substantially his personal financial interests; or
(b) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value:
(I) Which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties; or
(II) Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken.
(2) An economic benefit tantamount to a gift of substantial value includes without limitation:
(a) A loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services; or
(b) The acceptance by a public officer, a member of the general assembly, a local government official, or an employee of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the state or a local government under a contract or other means by which the person receives payment or other compensation from the state or local government, as applicable, for which the officer, member, official, or employee serves, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the officer, member, official, or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally.
(3) The following are not gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section:
(a) Campaign contributions and contributions in kind reported as required by section 1-45-108, C.R.S.;
(b) An unsolicited item of trivial value;
(b.5) A gift with a fair market value of fifty-three dollars or less that is given to the public officer, member of the general assembly, local government official, or employee by a person other than a professional lobbyist.
(c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution;
(c.5) Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the public officer, member of the general assembly, local government official, or employee;
(d) Payment of or reimbursement for reasonable expenses paid by a nonprofit organization or state and local government in connection with attendance at a convention, fact-finding mission or trip, or other meeting as permitted in accordance with the provisions of section 3 (3)(f) of article XXIX of the state constitution;
(e) Payment of or reimbursement for admission to, and the cost of food or beverages consumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution;
(f) A gift given by an individual who is a relative or personal friend of the public officer, member of the general assembly, local government official, or employee on a special occasion.
(g) Payment for speeches, appearances, or publications that may be accepted or received by the public officer, member of the general assembly, local government official, or employee in accordance with the provisions of section 3 of article XXIX of the state constitution that are reported pursuant to section 24-6-203 (3)(d);
(h) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office;
(i) A component of the compensation paid or other incentive given to the public officer, member of the general assembly, local government official, or employee in the normal course of employment; and
(j) Any other gift or thing of value a public officer, member of the general assembly, local government official, or employee is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, the acceptance of which is not otherwise prohibited by law.
(4) The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (3) of this section, if such reporting provisions apply.
(5) The amount of the gift limit specified in paragraph (b.5) of subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.
Source: L. 88: Entire article added, p. 901, § 1, effective July 1. L. 92: (3)(g) and (3)(h) amended, p. 874, § 103, effective January 1, 1993. L. 94: (3) amended and (4) added, p. 1827, § 4, effective January 1, 1995. L. 2012: (2) amended, (SB 12-146), ch. 93, p. 306, § 1, effective April 12; (3) amended and (5) added, (HB 12-1070), ch. 167, p. 584, § 4, effective August 8.
24-18-105. Ethical principles for public officers, local government officials, and employees. (1) The principles in this section are intended as guides to conduct and do not constitute violations as such of the public trust of office or employment in state or local government.
(2) A public officer, a local government official, or an employee should not acquire or hold an interest in any business or undertaking which he has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which he has substantive authority.
(3) A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant.
(4) A public officer, a local government official, or an employee should not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when he has a substantial financial interest in a competing firm or undertaking.
(5) Public officers, local government officials, and employees are discouraged from assisting or enabling members of their immediate family in obtaining employment, a gift of substantial value, or an economic benefit tantamount to a gift of substantial value from a person whom the officer, official, or employee is in a position to reward with official action or has rewarded with official action in the past.
Source: L. 88: Entire article added, p. 902, § 1, effective July 1. L. 2012: (5) added, (SB 12-146), ch. 93, p. 307, § 2, effective April 12.
24-18-106. Rules of conduct for members of the general assembly. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the member of the general assembly committing the act has breached his fiduciary duty and the public trust. A member of the general assembly shall not accept a fee, a contingent fee, or any other compensation, except his official compensation provided by statute, for promoting or opposing the passage of legislation.
(2) It shall not be a breach of fiduciary duty and the public trust for a member of the general assembly to:
(a) Use state facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates;
(b) Accept or receive a benefit as an indirect consequence of transacting state business; or
(c) Accept the payment of or reimbursement for actual and necessary expenses for travel, board, and lodging from any organization declared to be a joint governmental agency of this state under section 2-3-311 (2), C.R.S., if:
(I) (A) The expenses are related to the member's attendance at a convention or meeting of the joint governmental agency at which the member is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the state of Colorado or for some other legitimate state purpose;
(B) The travel, board, and lodging arrangements are appropriate for purposes of the member's attendance at the convention or meeting;
(C) The duration of the member's stay is no longer than is reasonably necessary for the member to accomplish the purpose of his or her attendance at the convention or meeting;
(D) The member is not currently and will not subsequent to the convention or meeting be in a position to take any official action that will benefit the joint governmental agency; and
(E) The attendance at conventions or meetings of the joint governmental agency has been approved by the executive committee of the legislative council or by the leadership of the house of the general assembly to which the member belongs; or
(II) The general assembly pays regular monthly, annual, or other periodic dues to the joint governmental agency that are invoiced expressly to cover travel, board, and lodging expenses for the attendance of members at conventions or meetings of the joint governmental agency.
(3) Notwithstanding any other provision of law, no member of the general assembly shall lobby, solicit lobbying business or contracts, or otherwise establish a lobbying business or practice respecting issues before the general assembly prior to the expiration of his or her term. Where the member tenders his or her resignation prior to the expiration of his or her term, the requirements of this subsection (3) shall apply up through the date of the member's resignation from office.
Source: L. 88: Entire article added, p. 902, § 1, effective July 1. L. 2003: (3) added, p. 1230, § 1, effective July 1. L. 2010: (2) amended, (SB 10-099), ch. 184, p. 662, § 4, effective August 11.
Cross references: For the legislative declaration in the 2010 act amending subsection (2), see section 1 of chapter 184, Session Laws of Colorado 2010.
24-18-107. Ethical principles for members of the general assembly. (1) The principles in this section are intended only as guides to a member of the general assembly in determining whether or not his conduct is ethical.
(2) A member of the general assembly who has a personal or private interest in any measure or bill proposed or pending before the general assembly shall disclose the fact to the house of which he is a member and shall not vote thereon. In deciding whether or not he has such an interest, a member shall consider, among other things, the following:
(a) Whether the interest impedes his independence of judgment;
(b) The effect of his participation on public confidence in the integrity of the general assembly; and
(c) Whether his participation is likely to have any significant effect on the disposition of the matter.
(3) An interest situation does not arise from legislation affecting the entire membership of a class.
(4) If a member of the general assembly elects to disclose the interest, he shall do so as provided in the rules of the house of representatives or the senate, but in no case shall failure to disclose constitute a breach of the public trust of legislative office.
Source: L. 88: Entire article added, p. 902, § 1, effective July 1.
24-18-108. Rules of conduct for public officers and state employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty.
(2) A public officer or a state employee shall not:
(a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties;
(b) Assist any person for a fee or other compensation in obtaining any contract, claim, license, or other economic benefit from his agency;
(c) Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any state agency; or
(d) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent.
(3) A head of a principal department or a member of a quasi-judicial or rule-making agency may perform an official act notwithstanding paragraph (d) of subsection (2) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110.
(4) Repealed.
Source: L. 88: Entire article added, p. 903, § 1, effective July 1. L. 91: (4) repealed, p. 837, § 2, effective March 29.
24-18-108.5. Rules of conduct for members of boards and commissions. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty.
(2) A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses shall not perform an official act which may have a direct economic benefit on a business or other undertaking in which such member has a direct or substantial financial interest.
Source: L. 91: Entire section added, p. 837, § 3, effective March 29.
24-18-109. Rules of conduct for local government officials and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust.
(2) A local government official or local government employee shall not:
(a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects or supervises in the course of his official duties;
(b) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or
(c) Accept goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the local government for which the official or employee serves, under a contract or other means by which the person receives payment or other compensation from the local government, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the official or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally.
(3) (a) A member of the governing body of a local government who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter.
(b) A member of the governing body of a local government may vote notwithstanding paragraph (a) of this subsection (3) if his participation is necessary to obtain a quorum or otherwise enable the body to act and if he complies with the voluntary disclosure procedures under section 24-18-110.
(4) It shall not be a breach of fiduciary duty and the public trust for a local government official or local government employee to:
(a) Use local government facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates; or
(b) Accept or receive a benefit as an indirect consequence of transacting local government business.
(5) (a) Notwithstanding any other provision of this article 18, it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official who is a member of the governing body of a local government to serve on a board of directors of a nonprofit entity and, when serving on the governing body, to vote on matters that may pertain to or benefit the nonprofit entity.
(b) (I) Except as provided in subsection (5)(b)(II) of this section, a local government official is not required to provide or file a disclosure or otherwise comply with the requirements of subsection (3) of this section unless the local government official has a financial interest in, or the local government official or an immediate family member receives services from, the nonprofit entity independent of the official's membership on the board of directors of the nonprofit entity.
(II) A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity.
Source: L. 88: Entire article added, p. 903, § 1, effective July 1. L. 2012: (2)(c) added, (SB 12-146), ch. 93, p. 307, § 3, effective April 12. L. 2017: (5) added, (HB 17-1293), ch. 291, p. 1610, § 1, effective August 9.
24-18-110. Voluntary disclosure. A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses, a member of the general assembly, a public officer, a local government official, or an employee may, prior to acting in a manner which may impinge on his fiduciary duty and the public trust, disclose the nature of his private interest. Members of the general assembly shall make disclosure as provided in the rules of the house of representatives and the senate, and all others shall make the disclosure in writing to the secretary of state, listing the amount of his financial interest, if any, the purpose and duration of his services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his interest. If he then performs the official act involved, he shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction.
Source: L. 88: Entire article added, p. 904, § 1, effective July 1. L. 91: Entire section amended, p. 838, § 4, effective March 29.
24-18-111. Powers of the secretary of state. (Repealed)
Source: L. 88: Entire article added, p. 904, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1404), ch. 405, p. 2003, § 2, effective June 10.
24-18-112. Board of ethics for the executive branch - created - duties. (1) There is hereby created a board of ethics for the executive branch of state government in the office of the governor. The board shall consist of five members to be appointed by and serve at the pleasure of the governor.
(2) The board of ethics for the executive branch shall:
(a) Comment, when requested by the governor, on each proposed gubernatorial appointment, including the heads of the principal departments and the senior members of the governor's office based upon the provisions of this article;
(b) Upon written request of the governor, review complaints of any violation of the provisions of this article by a member of the executive branch of state government;
(c) Make written recommendations to the governor concerning his requests; and
(d) Review appeals brought before the board of ethics pursuant to section 24-30-1003 (4).
Source: L. 88: Entire article added, p. 905, § 1, effective July 1. L. 94: (2) amended, p. 1249, § 2, effective July 1.
24-18-113. Board of ethics for the general assembly - created - duties. (1) (a) There is hereby created a board of ethics for the general assembly. The board shall consist of four legislative members. One member shall be appointed by and serve at the pleasure of the majority leader of the house of representatives; one member shall be appointed by and serve at the pleasure of the majority leader of the senate; one member shall be appointed by and serve at the pleasure of the minority leader of the house of representatives; and one member shall be appointed by and serve at the pleasure of the minority leader of the senate.
(b) The terms of the members appointed by the majority and minority leaders of the house of representatives and the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the majority and minority leaders of the house of representatives and the senate shall each appoint or reappoint members in the same manner as provided in paragraph (a) of this subsection (1). Thereafter, the terms of members appointed or reappointed by the majority and minority leaders of the house of representatives and the senate shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the majority and minority leaders of the house of representatives and the senate shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the majority and minority leaders of the house of representatives and the senate shall continue in office until the member's successor is appointed.
(c) The members of the board of ethics for the general assembly are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S.
(2) The board of ethics for the general assembly shall, upon written request of a member of the general assembly, issue advisory opinions concerning issues relating to the requesting member's conduct and the provisions of this article.
Source: L. 88: Entire article added, p. 905, § 1, effective July 1. L. 2007: (1) amended, p. 181, § 13, effective March 22. L. 2014: (1)(c) added, (SB 14-153), ch. 390, p. 1963, § 13, effective June 6.
PART 2
PROSCRIBED ACTS RELATED TO CONTRACTS AND CLAIMS
24-18-201. Interests in contracts. (1) Members of the general assembly, public officers, local government officials, or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of his employment, contract or be employed by an employer who contracts with a state agency or any local government involving matters with which he was directly involved during his employment. For purposes of this section, the term:
(a) Be interested in does not include holding a minority interest in a corporation.
(b) Contract does not include:
(I) Contracts awarded to the lowest responsible bidder based on competitive bidding procedures;
(II) Merchandise sold to the highest bidder at public auctions;
(III) Investments or deposits in financial institutions which are in the business of loaning or receiving moneys;
(IV) A contract with an interested party if, because of geographic restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It shall be presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than ten percent of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period.
(V) A contract with respect to which any member of the general assembly, public officer, local government official, or employee has disclosed a personal interest and has not voted thereon or with respect to which any member of the governing body of a local government has voted thereon in accordance with section 24-18-109 (3)(b) or 31-4-404 (3), C.R.S. Any such disclosure shall be made: To the governing body, for local government officials and employees; in accordance with the rules of the house of representatives and the senate, for members of the general assembly; and to the secretary of state, for all others.
Source: L. 88: Entire article added, p. 905, § 1, effective July 1.
24-18-202. Interest in sales or purchases. Public officers and local government officials shall not be purchasers at any sale or vendors at any purchase made by them in their official capacity.
Source: L. 88: Entire article added, p. 906, § 1, effective July 1.
24-18-203. Voidable contracts. Every contract made in violation of any of the provisions of section 24-18-201 or 24-18-202 shall be voidable at the instance of any party to the contract except the officer interested therein.
Source: L. 88: Entire article added, p. 906, § 1, effective July 1.
24-18-204. Dealings in warrants and other claims prohibited. State officers, county officers, city and county officers, city officers, and town officers, as well as all other local government officials, and their deputies and clerks, are prohibited from purchasing or selling or in any manner receiving to their own use or benefit or to the use or benefit of any person or persons whatever any state, county, city and county, city, or town warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state or any county, city and county, city, or town thereof except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy, or clerk, and evidences of the funded indebtedness of such state, county, city and county, city, or town.
Source: L. 88: Entire article added, p. 906, § 1, effective July 1.
24-18-205. Settlements to be withheld on affidavit. (1) Every officer charged with the disbursement of public moneys who is informed by affidavit establishing probable cause that any officer whose account is about to be settled, audited, or paid by him has violated any of the provisions of this part 2 shall suspend such settlement or payment and cause such officer to be prosecuted for such violation by the district attorney of the appropriate jurisdiction.
(2) If there is judgment for the defendant upon such prosecution, the proper officer may proceed to settle, audit, or pay such account as if no such affidavit had been filed.
Source: L. 88: Entire article added, p. 906, § 1, effective July 1.
24-18-206. Penalty. A person who knowingly commits an act proscribed in this part 2 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. In addition to the penalties provided in section 18-1.3-501, the court may impose a fine of no more than twice the amount of the benefit the person obtained or was attempting to obtain in violating a provision of this part 2.
Source: L. 2009: Entire section added, (SB 09-035), ch. 109, p. 455, § 1, effective August 5. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3224, § 405, effective March 1, 2022.
PART 3
USE OF FACIAL RECOGNITION SERVICES
BY STATE AND LOCAL GOVERNMENT AGENCIES
24-18-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Accountability report means a report developed pursuant to section 24-18-302 (2).
(2) Agency means:
(a) An agency of the state government or of a local government; or
(b) A state institution of higher education.
(3) Decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals means decisions that:
(a) Result in the provision or denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health-care services, or access to basic necessities such as food and water; or
(b) Impact the civil rights of individuals.
(4) Enroll, enrolled, or enrolling means:
(a) The process by which a facial recognition service:
(I) Creates a facial template from one or more images of an individual; and
(II) Adds the facial template to a gallery that is used by the facial recognition service for recognition or persistent tracking of individuals; or
(b) The act of adding an existing facial template directly into a gallery that is used by a facial recognition service.
(5) (a) Facial recognition service means technology that analyzes facial features to facilitate the identification, verification, or persistent tracking of individuals in still or video images.
(b) Facial recognition service does not include:
(I) The analysis of facial features to grant or deny access to an electronic device;
(II) A generally available consumer product, including a tablet or smartphone, that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or still or video images for personal or household use; or
(III) The use of an automated or semiautomated process by a law enforcement agency for the purpose of redacting a recording for release or disclosure to protect the privacy of a subject depicted in the recording, so long as the process does not generate or result in the retention of any biometric data or surveillance information.
(6) Facial template means a machine-interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.
(7) Identification means the use of a facial recognition service by an agency to determine whether an unknown individual matches any individual whose identity is known to the agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.
(8) Local government means a statutory or home rule municipality, a county, or a city and county.
(9) Meaningful human review means review or oversight by one or more individuals who are trained in accordance with section 24-18-305 and who have the authority to alter a decision under review.
(10) Nonidentifying demographic data means data that is not linked or reasonably linkable to an identified or identifiable individual and includes information about an individual's gender, race, ethnicity, age, or location.
(11) (a) Ongoing surveillance means the continual use of a facial recognition service by an agency to track in real time the physical movements of a specified individual through one or more public places.
(b) Ongoing surveillance does not include a single recognition or attempted recognition of an individual if no attempt is made to subsequently track that individual's movement over time after the individual has been recognized.
(12) Persistent tracking means the use of a facial recognition service by an agency to track the movements of an individual on a persistent basis without identification or verification of the individual. Tracking becomes persistent as soon as:
(a) The facial template that permits the tracking is maintained for more than forty-eight hours after first enrolling that template; or
(b) Data created by the facial recognition service is linked to any other data such that the individual who has been tracked is identified or identifiable.
(13) Recognition means the use of a facial recognition service by an agency to determine whether an unknown individual matches:
(a) Any individual who has been enrolled in a gallery used by the facial recognition service; or
(b) A specific individual who has been enrolled in a gallery used by the facial recognition service.
(14) Reporting authority means:
(a) For a local government agency, the city council, county commission, or other local government agency in which legislative powers are vested; and
(b) For a state agency, the office of information technology created in section 24-37.5-103.
(15) Verification means the use of a facial recognition service by an agency to determine whether an individual is a specific individual whose identity is known to the agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3284, § 4, effective August 10.
24-18-302. Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption. (1) On and after August 10, 2022, an agency that uses or intends to develop, procure, or use a facial recognition service shall file with its reporting authority a notice of intent to develop, procure, use, or continue to use the facial recognition service and specify a purpose for which the technology is to be used.
(2) Except as described in subsection (8) of this section, after filing the notice of intent described in subsection (1) of this section, and prior to developing, procuring, using, or continuing to use a facial recognition service, an agency shall produce an accountability report for the facial recognition service. An accountability report must include:
(a) (I) The name, vendor, and version of the facial recognition service; and
(II) A description of its general capabilities and limitations, including reasonably foreseeable capabilities outside the scope of the agency's proposed use;
(b) (I) The type of data inputs that the facial recognition service uses;
(II) How data is generated, collected, and processed; and
(III) The type of data the facial recognition service is reasonably likely to generate;
(c) A description of the purpose and proposed use of the facial recognition service, including:
(I) What decision will be used to make or support the facial recognition service; and
(II) The intended benefits of the proposed use, including any data or research demonstrating those benefits;
(d) A clear use and data management policy, including protocols for the following:
(I) How, when, and by whom the facial recognition service will be deployed or used; to whom data will be available; the factors that will be used to determine where, when, and how the technology is deployed; and other relevant information, such as whether the technology will be operated continuously or used only under specific circumstances;
(II) If the facial recognition service will be operated or used by an entity on the agency's behalf, a description of the entity's access and any applicable protocols;
(III) Any measures taken to minimize inadvertent collection of additional data beyond the amount necessary for the specific purpose for which the facial recognition service will be used;
(IV) Data integrity and retention policies applicable to the data collected using the facial recognition service, including how the agency will maintain and update records used in connection with the service, how long the agency will keep the data, and the processes by which data will be deleted;
(V) What processes will be required prior to each use of the facial recognition service;
(VI) Data security measures applicable to the facial recognition service, including:
(A) How data collected using the facial recognition service will be securely stored and accessed; and
(B) If an agency intends to share access to the facial recognition service or the data from that facial recognition service with any third party that is not a law enforcement agency, the rules and procedures by which the agency will ensure that the third party complies with the agency's use and data management policy;
(VII) The agency's training procedures, including those implemented in accordance with section 24-18-305, and how the agency will ensure that all personnel who operate the facial recognition service or access its data are knowledgeable about and able to ensure compliance with the use and data management policy before using the facial recognition service; and
(VIII) Any other policies that will govern use of the facial recognition service;
(e) The agency's testing procedures, including its processes for periodically undertaking operational tests of the facial recognition service in accordance with section 24-18-304;
(f) Information concerning the facial recognition service's rate of false matches, potential impacts on protected subpopulations, and how the agency will address error rates that are determined independently to be greater than one percent;
(g) A description of any potential impacts of the facial recognition service on civil rights and liberties, including potential impacts to privacy and potential disparate impacts on marginalized communities, including the specific steps the agency will take to mitigate the potential impacts; and
(h) The agency's procedures for receiving feedback, including the channels for receiving feedback, from individuals affected by the use of the facial recognition service and from the community at large, as well as the procedures for responding to feedback.
(3) Prior to finalizing an accountability report, an agency shall:
(a) Allow for a public review and comment period;
(b) Hold at least three public meetings to obtain feedback from communities; and
(c) Consider the issues raised by the public through the public meetings.
(4) At least ninety days before an agency puts a facial recognition service into operational use, the agency shall post the final adopted accountability report on the agency's public website and submit it to the agency's reporting authority. The reporting authority shall post the most recent version of each submitted accountability report on its public website.
(5) An agency shall update its final accountability report and submit the updated accountability report to the agency's reporting authority at least every two years.
(6) An agency seeking to procure a facial recognition service must require each vendor to disclose any complaints or reports of bias regarding the vendor's facial recognition service.
(7) An agency seeking to use a facial recognition service for a purpose not disclosed in the agency's existing accountability report must:
(a) Seek and consider public comments and community input concerning the proposed new use; and
(b) In response to such comments and input, adopt an updated accountability report as described in this section.
(8) The requirements of subsections (2), (3), (4), (5), and (7) of this section concerning accountability reports do not apply to an agency's procurement or use of a facial recognition service if:
(a) The facial recognition service is part of a generally available consumer product;
(b) The facial recognition service is included in the consumer product only for personal or household use; and
(c) The agency certifies publicly that the facial recognition service is not the reason for the agency's procurement or use of the consumer product and will not be used for governmental purposes.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3286, § 4, effective August 10.
24-18-303. Use of facial recognition service - meaningful human review of certain decisions required. An agency using a facial recognition service to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals must ensure that those decisions are subject to meaningful human review.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3289, § 4, effective August 10.
24-18-304. Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption. (1) Except as described in subsection (4) of this section, before deploying a facial recognition service in a context in which it will be used to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals, an agency must test the facial recognition service in operational conditions. An agency must take reasonable steps to ensure best quality results by following all guidance provided by the developer of the facial recognition service.
(2) (a) Except as described in subsection (4) of this section, an agency that deploys a facial recognition service shall require the facial recognition service provider to make available an application programming interface or other technical capability, chosen by the provider, to enable legitimate, independent, and reasonable tests of the facial recognition service for accuracy and to identify unfair performance differences across distinct subpopulations, including subpopulations that are defined by visually detectable characteristics such as:
(I) Race, skin tone, ethnicity, gender, age, or disability status; or
(II) Other protected characteristics that are objectively determinable or self-identified by the individuals portrayed in the testing dataset.
(b) If the results of independent testing identify material unfair performance differences across subpopulations, the provider must develop and implement a plan to mitigate the identified performance differences within ninety days after receipt of the results.
(c) Subsection (2)(a) of this section does not require a provider to disclose proprietary material or make available an application programming interface or other technical capability in a manner that would increase the risk of cyber attacks. Providers bear the burden of minimizing these risks when making an application programming interface or other technical capability available for testing purposes.
(3) Nothing in this section requires an agency to collect or provide data to a facial recognition service provider to satisfy the requirements in subsection (1) of this section.
(4) The requirements of subsections (1) and (2) of this section do not apply if the facial recognition service provider is a participant in the face recognition vendor test ongoing project of the national institute of standards and technology.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3289, § 4, effective August 10.
24-18-305. Use of facial recognition service - training of users required. (1) An agency using a facial recognition service must conduct periodic training of all individuals who operate a facial recognition service or who process personal data obtained from the use of a facial recognition service.
(2) The training required by subsection (1) of this section must include coverage of:
(a) The capabilities and limitations of the facial recognition service;
(b) Procedures to interpret and act on the output of the facial recognition service; and
(c) To the extent applicable to the deployment context, the meaningful human review requirement for decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3290, § 4, effective August 10.
24-18-306. Use of facial recognition service - record keeping required. An agency using a facial recognition service shall maintain records of its use of the service that are sufficient to facilitate public reporting and auditing of compliance with the agency's use and data management policies developed as part of the agency's accountability report pursuant to section 24-18-302 (2)(d).
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3290, § 4, effective August 10.
24-18-307. Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants. (1) A law enforcement agency shall not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless:
(a) The law enforcement agency obtains a warrant authorizing such use;
(b) Such use is necessary to develop leads in an investigation;
(c) The law enforcement agency has established probable cause for such use; or
(d) The law enforcement agency obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. A court may issue an ex parte order under this subsection (1)(d) if a law enforcement officer certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person or identifying a deceased person.
(2) A law enforcement agency shall not apply a facial recognition service to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law.
(3) A law enforcement agency shall not use a facial recognition service to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the state constitution.
(4) A law enforcement agency shall not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.
(5) A law enforcement agency shall not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider's intended use and training.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3291, § 4, effective August 10.
24-18-308. Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants. (1) An agency shall disclose its use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial.
(2) In January of each year, any judge who has issued or extended a warrant for the use of a facial recognition service as described in section 24-18-307 during the preceding year, or who has denied approval of such a warrant during that year, shall report to the state court administrator:
(a) The fact that a warrant or extension was applied for;
(b) The fact that the warrant or extension was granted as applied for, was modified, or was denied;
(c) The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant;
(d) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and
(e) The nature of the public spaces where the surveillance was conducted.
(3) In January of each year, any agency that has applied for a warrant or an extension of a warrant for the use of a facial recognition service to engage in any surveillance as described in section 24-18-307 shall provide to the agency's reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3291, § 4, effective August 10.
24-18-309. Use of facial recognition service - applicability and exemptions. (1) Notwithstanding any provision of this part 3 to the contrary, this part 3 does not apply to:
(a) An agency that:
(I) Is required to use a specific facial recognition service pursuant to a federal regulation or order, or that uses a facial recognition service in partnership with a federal agency to fulfill a congressional mandate, fulfill aviation security directives, or comply with federal law;
(II) Uses a facial recognition service in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport; or
(III) Uses a facial recognition service in connection with a physical access control system in order to grant or deny access to a secure area;
(b) The use of a facial recognition service solely for research purposes by a state agency so long as the use does not result in or affect any decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals; or
(c) A utility.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3292, § 4, effective August 10.
24-18.2-101. Collection of demographic information - required categories - definition. [Editor's note: This section is effective September 1, 2026.]
(1) As used in this section, unless the context otherwise requires:
(a) Form means a document that collects population-level demographic data that is not individually identifiable.
(b) State means the government of this state, and every state department, including the department of education, agency, board, commission, institution of higher education, special purpose authority, as defined in section 24-77-102 (15), or authorized agent of the state.
(2) (a) Except as otherwise provided in subsection (2)(b)(I) of this section, a form issued by the state or a state agency that requests that the individual completing the form disclose the individual's race or ethnicity must include, in addition to spaces for any other racial or ethnic categories required by the federal office of management and budget, a space to indicate that the individual's race or ethnicity is Middle Eastern, North African, or South Asian.
(b) (I) The state is exempt from the requirements of subsection (2)(a) of this section if:
(A) The demographic data collected in the form is reported by the state to the federal government; and
(B) The federal government rejects or will reject the demographic data reported by the state because it includes Middle Eastern, North African, or South Asian as a primary demographic category.
(II) When exercising the exemption, the state shall include Middle Eastern, North African, or South Asian as a demographic subcategory of the non-specific racial category on the form.
Source: L. 2025: Entire article added, (SB 25-050), ch. 181, p. 777, § 1, effective September 1, 2026.
Editor's note: Section 3(2) of chapter 181 (SB 25-050), Session Laws of Colorado 2025, provides that the act adding this article 18.2 applies to state and local government forms that request that the individual completing the form disclose the individual's race or ethnicity and that are provided to individuals for completion on or after September 1, 2026.
ARTICLE 18.3
Social Media Civility
24-18.3-101. Bullying, harassment, and intimidation - state elected official - social media - legislative declaration - definitions. (1) (a) The general assembly finds and declares that the private social media administered by a state elected official or designee is a private account and does not create a public forum;
(b) A state elected official has no duty to create or maintain private social media and no state law, ordinance, or regulation compels creation or maintenance of private social media by a state elected official; and
(c) Therefore, the general assembly determines that it is appropriate to acknowledge in law that a state elected official or designee has discretion to restrict or remove a user of private social media that is administered by the state elected official or designee for any reason, including bullying, harassment or intimidation of other users of the private social media administered by the state elected official or designee.
(2) As used in this section, unless the context otherwise requires:
(a) Bullying means intending to coerce or cause any physical, mental, or emotional harm to any individual by written expression, an electronic act or gesture, or a pattern of behavior.
(b) Harassment means:
(I) Directly or indirectly initiating communication with an individual or directing language toward another individual, anonymously or otherwise, by data network, instant message, computer, computer network, computer system, or any other interactive electronic medium in a manner intended to alarm or cause substantial emotional distress or threaten bodily injury or property damage; or
(II) Making any obscene comment, suggestion, request, or proposal by computer, computer network, computer system, or any other electronic medium.
(c) Intimidation means directly or indirectly inflicting or threatening the infliction of any injury, damage, harm, or loss upon an individual.
(d) Obscene means a patently offensive description of sexual acts or solicitation to commit sexual acts.
(e) Private social media means social media that is not supported by the resources of the state government and is not required by state law, ordinance, or regulation to be created or maintained by a state elected official.
(f) Social media means any electronic medium, including an interactive computer service, telephone network, or data network that allows users to create, share, and view user-generated content including videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.
(g) State elected official means an individual serving in an elected position in the state government.
(3) A state elected official may permanently or temporarily restrict or bar an individual from using the private social media that is administered by a state elected official or their designee for any reason, including bullying, harassment, or intimidation, in the state elected official's sole discretion.
(4) This section is not intended to infringe upon any right guaranteed to any individual by the first amendment to the United States constitution or section 10 of article II of the Colorado constitution or to prevent the expression of any religious, political, or philosophical views.
Source: L. 2023: Entire article added, (HB 23-1306), ch. 378, p. 2267, § 1, effective June 5.
ARTICLE 18.5
Independent Ethics Commission
24-18.5-101. Independent ethics commission - establishment - membership - subpoena power - definitions. (1) As used in this article, unless the context otherwise requires:
(a) Article XXIX means article XXIX of the state constitution approved by the voters at the 2006 general election.
(b) Commission means the independent ethics commission created in section 5 (1) of article XXIX.
(2) (a) The independent ethics commission, originally established in the office of administrative courts in the department of personnel created in section 24-30-1001, is hereby transferred to and established in the judicial department as an independent agency, effective on June 10, 2010. The commission shall consist of five members. The appointing authorities for the commission members, the order of appointment of such members, and other requirements pertaining to commission membership shall be as specified in section 5 (2) of article XXIX. Subject to the requirements of paragraph (b) of this subsection (2), the member appointed by the senate pursuant to section 5 (2)(a)(I) of article XXIX shall be appointed by the president of the senate with the approval of two-thirds of the members elected to the senate. Subject to the requirements of paragraph (b) of this subsection (2), the member appointed by the house of representatives pursuant to section 5 (2)(a)(II) of article XXIX shall be appointed by the speaker of the house of representatives with the approval of two-thirds of the members elected to the house of representatives.
(b) In connection with the appointment of commission members, no more than two members appointed to the commission shall be affiliated with the same political party.
(c) The commission members shall be appointed to four-year terms; except that the first member appointed by the senate and the first member appointed by the governor shall initially serve two-year terms. Appointments to the commission by the senate and the house of representatives shall be made no later than May 1, 2007, and the initial terms of commission members shall commence July 1, 2007.
(3) Commission members shall serve without compensation; except that commission members shall be reimbursed for the actual and necessary expenses that they incur in carrying out their duties and responsibilities as commission members.
(4) In accordance with the provisions of section 5 of article XXIX, the powers and duties of the commission shall be as follows:
(a) To hear complaints, issue findings, and assess penalties on ethics issues arising under article XXIX and other standards of conduct and reporting requirements as provided by law; and
(b) (I) To issue advisory opinions and letter rulings on ethics issues arising under article XXIX and other standards of conduct and reporting requirements as provided by law.
(II) The commission shall prepare a response to a request for an advisory opinion from a public officer, member of the general assembly, local government official, or government employee as to whether particular action by such officer, member, official, or employee satisfies the requirements of article XXIX as soon as practicable after the request is made to the commission.
(III) Any person who is not a public officer, member of the general assembly, local government official, or government employee may submit a request to the commission for a letter ruling concerning whether potential conduct of the person making the request satisfies the requirements of article XXIX. In such case, the commission shall issue a response to the request as soon as practicable.
(IV) Each advisory opinion or letter ruling, as applicable, issued by the commission shall be a public document and shall be promptly posted on a website that shall be maintained by the commission; except that, in the case of a letter ruling, the commission shall redact the name of the person requesting the ruling or other identifying information before it is posted on the website.
(5) (a) Subject to the provisions of paragraph (c) of this subsection (5), the commission shall dismiss as frivolous any complaint filed under article XXIX that fails to allege that a public officer, member of the general assembly, local government official, or government employee has accepted or received any gift or other thing of value for private gain or personal financial gain.
(b) For purposes of this subsection (5):
(I) Official act shall have the same meaning as set forth in section 24-18-102 (7).
(II) Private gain or personal financial gain means any money, forbearance, forgiveness of indebtedness, gift, or other thing of value given or offered by a person seeking to influence an official act that is performed in the course and scope of the public duties of a public officer, member of the general assembly, local government official, or government employee.
(c) This subsection (5) is repealed if the Colorado supreme court holds, in response to one or more written questions submitted by the general assembly pursuant to section 3 of article VI of the state constitution, that the standard of accepting or receiving any gift or other thing of value for private gain or personal financial gain specified in paragraph (a) of this subsection (5) is unconstitutional in applying section 3 (1) or (2) of article XXIX.
(6) Pursuant to the provisions of section 5 (1) of article XXIX, the commission shall adopt reasonable rules as may be necessary for the purpose of administering and enforcing the provisions of article XXIX and any other standards of conduct and reporting requirements as provided by law. Any rules shall be promulgated in accordance with the requirements of article 4 of this title.
(7) Subject to available appropriations, the commission may employ such staff as it deems necessary to enable it to carry out its functions in accordance with the requirements of this article and article XXIX.
(8) No subpoena requiring the attendance of a witness or the production of documents shall be issued by the commission unless a motion to issue any such subpoena has been made by one member of the commission and approved by no fewer than four members of the commission.
(9) Any final action of the commission concerning a complaint shall be subject to judicial review by the district court for the city and county of Denver.
(10) Any state employee on the staff of the commission as of June 10, 2010, shall be transferred with the agency and shall become an employee of the agency.
Source: L. 2007: Entire article added, p. 650, § 1, effective April 26. L. 2010: (2)(a) and (4)(b)(II) amended and (10) added, (HB 10-1404), ch. 405, p. 2002, § 1, effective June 10. L. 2011: (2)(b) amended, (HB 11-1315), ch. 191, p. 737, § 1, effective May 19.
ARTICLE 19
Payment of Postemployment Compensation
to Government-supported Employees
24-19-101. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The payment of compensation to government-supported officials or employees after such officials or employees have ended their employment creates unnecessary costs, which ultimately are borne by the taxpayers of this state.
(b) In order to reduce government costs, it is necessary for the state to limit the payment of postemployment compensation to government-supported officials and employees.
(c) The continued payment of compensation to any official or employee after such official or employee has ended his or her service with a governmental unit or government-financed entity not only affects the finances of such governmental unit or government-financed entity, but also has a serious impact on the state as a whole because of the total effect of such compensation payment arrangements on the ability of state and local governments to provide services using the scarce resources that are available. Further, the general assembly finds and declares that the provision of large payments to government-supported officials and employees after their employment has ended has caused grave damage to the trust of the citizens of this state in their state and local government officials. Because of these concerns, the general assembly finds and declares that this is a matter of statewide concern.
Source: L. 93: Entire article added, p. 662, § 1, effective July 1.
24-19-102. Definitions. For the purposes of this article, unless the context otherwise requires:
(1) Government-financed entity means any organization, group, or other entity if:
(a) Such entity is composed of members which are governmental units or who are officials or employees of governmental units; and
(b) At least fifty percent of the annual operating budget for such entity is derived from dues, contributions, or other payments received from governmental units.
(2) Government-supported official or employee means any person who is employed or who was employed by a governmental unit or by a government-financed entity and who is or was a manager, an official, or an administrator for such governmental unit or government-financed entity.
(3) (a) Governmental unit means the state of Colorado, any department, division, section, unit, office, commission, board, institution, institution of higher education, or other agency of the executive, legislative, or judicial branch of the state government, or any local government, authority, public corporation, body politic, or other instrumentality of the state.
(b) Governmental unit does not include the university of Colorado hospital authority created pursuant to section 23-21-503, C.R.S., or the Denver health and hospital authority created in section 25-29-103, C.R.S.
(4) Local government means a county, municipality, city and county, or school district or a special district created pursuant to the Special District Act, article 1 of title 32, C.R.S.
(5) (a) Postemployment compensation means compensation paid to a government-supported official or employee after termination of such government-supported official or employee's employment from a particular employment position with a governmental unit or a government-financed entity or after termination of the performance of actual services for such governmental unit or government-financed entity in such employment position if such compensation was not earned prior to such termination or, for an official or employee who becomes employed in a new position with the governmental unit or government-financed entity after such termination, if such compensation was not earned in the new position. Postemployment compensation shall include, but is not limited to, the provision of any unearned postemployment employee benefits. Postemployment compensation does not include the following:
(I) Any retirement benefits earned by a government-supported official or employee during the employment of such official or employee with a governmental unit or government-financed entity;
(II) Any payment made as a part of a bona fide early retirement program that is available to a class of five or more government-supported officials or employees;
(III) Any payments of deferred compensation that have been earned by a government-supported official or employee during the employment of such official or employee with a governmental unit or government-financed entity;
(IV) Any workers' compensation payment; or
(V) Any unemployment compensation payment.
(b) The term postemployment compensation includes any retirement benefits or any payments of deferred compensation to be paid into a retirement fund or deferred compensation plan after termination of performance of actual services for the particular employment position in the usual course of said employment. The prohibition of postemployment compensation is intended to eliminate any employment contract provision that binds the employer to make payments into a retirement fund or deferred compensation program after termination of performance of actual services in an employment position. Said prohibition is not intended to forbid the receipt of benefits or payments earned during actual performance of services if these benefits or payments are to be credited to or received by the employee after termination of actual performance of services for an employment position.
(c) Unless otherwise excluded by the provisions of this article, the term postemployment compensation includes any payment made to a government-supported official or employee after the term of employment of such official or employee in a particular employment position has ended pursuant to a settlement agreement between a governmental unit or government-financed entity and the official or employee; except that such payment is not postemployment compensation if such payment is made as part of a bona fide settlement of a legitimate legal dispute.
Source: L. 93: Entire article added, p. 663, § 1, effective July 1. L. 96: (3)(a), IP(5)(a), and (5)(b) amended and (5)(c) added, p. 849, § 1, effective May 23. L. 2015: (3)(b) amended, (HB 15-1239), ch. 153, p. 460, § 1, effective August 5.
24-19-103. Prohibition against postemployment compensation - exception. (1) Except as provided in subsection (2) of this section, notwithstanding any other provision of law to the contrary, no governmental unit or government-financed entity shall pay postemployment compensation to any government-supported official or employee.
(2) (a) At the option of the appointing authority for any government-supported official or employee, such official or employee may be provided postemployment compensation that consists of the payment of up to a maximum of three months of salary for such official or employee and the provision of up to a maximum of three months of employee benefits for such official or employee. No postemployment compensation shall be provided other than cash payments and the provision of employee benefits. Postemployment compensation may be approved and provided only if the government-supported official or employee who is to receive such compensation was employed by the governmental unit or government-financed entity for less than five years; except that postemployment compensation may be approved and provided for an official or employee of a state institution of higher education or of the Auraria higher education center, regardless of the length of employment.
(b) Postemployment compensation may be provided to any government-supported official or employee only if the appointing authority for the official or employee takes positive action to approve such compensation. The provisions of this subsection (2) shall not be construed to authorize any employment contract term requiring the provision of postemployment compensation in violation of the provisions of section 24-19-104. Postemployment compensation payments shall be solely the option of the appointing authority for a government-supported official or employee and no official or employee shall be entitled to or have any right to receive any postemployment compensation.
(3) Any employment contract, employment contract extension, or other agreement between a governmental unit or government-financed entity and a government-supported official or employee that is not substantially in compliance with this section is null and void. Any payment made to any person by a governmental unit or government-financed entity in violation of this section is illegal and the recipient of such payment shall return the payment to the governmental unit or government-financed entity.
Source: L. 93: Entire article added, p. 664, § 1, effective July 1. L. 96: (3) added, p. 850, § 2, effective May 23. L. 2010: (2)(a) amended, (SB 10-003), ch. 391, p. 1852, § 30, effective June 9.
Cross references: For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 391, Session Laws of Colorado 2010.
24-19-104. Terms of employment contracts - public inspection. (1) Except as expressly permitted pursuant to subsection (1.5) of this section, if any governmental unit or government-financed entity enters into an employment contract or employment contract extension with a government-supported official or employee, such employment contract or employment contract extension shall contain terms that clearly state that:
(a) Such employment contract is subject to termination by either party to such contract at any time during the term of such contract and that such official or employee shall be deemed to be an employee-at-will;
(b) No compensation, whether as a buy-out of the remaining term of the contract, as liquidated damages, or as any other form of remuneration, shall be owed or paid to such government-supported official or employee upon or after the termination of such contract except for compensation that was earned prior to termination prorated to the date of termination; and
(c) If the contract is not substantially in compliance with the prohibition against payment of postemployment compensation, the contract is null and void.
(1.5) (a) Notwithstanding the provisions of subsection (1)(a) of this section, each system of higher education and each campus of each state institution of higher education may have in effect employment contracts or employment contract extensions having a duration not more than five years with not more than six government-supported officials or employees if:
(I) The governing board of the institution determines that the contract or extension is necessary for the hiring or retaining of the employee in light of prevailing market conditions and competitive employment practices in other states;
(II) The contract contains a clause that the institution remains free to terminate the contract or extension without penalty if sufficient funds are not appropriated.
(b) Nothing in this subsection (1.5) shall be construed to exempt any governmental unit or government-financed entity from the requirements of section 24-19-103.
(c) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section or paragraph (a) of this subsection (1.5), each system of higher education and each campus of each state institution of higher education may have in effect an unlimited number of employment contracts or employment contract extensions having a duration of not more than five years with an unlimited number of government-supported officials or employees if the employment contracts or employment contract extensions are for research to be performed in university settings. A contract executed pursuant to this paragraph (c) shall include a provision that the contract shall become unenforceable if, during the term of the contract, the system of higher education or campus of a state institution of higher education that is a party to the contract:
(I) Ceases to be an enterprise, as defined in section 20 (2)(d) of article X of the state constitution; and
(II) Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms of the contract.
(d) Notwithstanding the provisions of subsection (1)(a) or (1.5)(a) of this section, each system of higher education and each campus of each state institution of higher education may, subject to the approval of the chief executive officer of the system or institution and any rules or limitations established by the chief executive officer, have in effect an unlimited number of term employment contracts or term employment contract extensions having a duration of five years or fewer with an unlimited number of government-supported officials or employees if the term employment contracts or term employment contract extensions are for half-time or longer, non-tenure-track classroom teaching appointments or librarian appointments. A person employed in a classroom teaching appointment pursuant to a term employment contract or term employment contract extension described in this subsection (1.5) may have duties in addition to classroom teaching, as described in the contract or contract extension. A term employment contract or term employment contract extension executed pursuant to this subsection (1.5) must include a provision stating the contract or contract extension is unenforceable if, during the term of the contract or contract extension, the system of higher education or campus of a state institution of higher education that is a party to the contract:
(I) Ceases to be an enterprise, as defined in section 20 (2)(d) of article X of the state constitution; and
(II) Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms of the contract.
(2) If any governmental unit or government-financed entity enters into an employment contract or employment contract extension with any government-supported official or employee on or after July 1, 1993, such governmental unit or government-financed entity shall make the terms of such contract available to the public for inspection and copying during regular business hours.
(3) The provisions of this section shall not be interpreted to authorize the termination of any government-supported official or employee for any reason that is contrary to applicable federal, state, or local law.
(4) (a) No governmental unit or government-financed entity shall enter into an employment contract with a government-supported official or employee or extend an existing employment contract with a government-supported official or employee if such employment contract or contract extension contains any provisions that are intended to evade the requirements of this article. Contractual provisions that are prohibited under the provisions of subsection (1) of this section include, but are not limited to, any provision that allows a government-supported official or employee to earn an unreasonably large portion of contractual compensation during the early stages of the term of employment of such government-supported official or employee.
(b) The provisions of paragraph (a) of this subsection (4) shall not be interpreted to prohibit the reimbursement of any actual relocation expenses of government-supported officials or employees or the payment of reasonable incentives for accepting employment to government-supported officials or employees.
Source: L. 93: Entire article added, p. 665, § 1, effective July 1. L. 96: (1)(a) and (1)(b) amended and (1)(c) added, pp. 850, 849, §§ 3, 1, effective May 23. L. 98: IP(1) amended and (1.5) added, p. 312, § 1, effective April 17. L. 2007: (1.5)(c) added, p. 65, § 1, effective March 15; (1.5)(c) amended, p. 1476, § 1, effective May 30. L. 2012: (1.5)(d) added, (HB 12-1144), ch. 99, p. 330, § 1, effective August 8. L. 2014: IP(1.5)(d) amended, (HB 14-1256), ch. 91, p. 340, § 1, effective March 27. L. 2023: IP(1.5)(a) and IP(1.5)(d) amended, (SB 23-048), ch. 26, p. 91, § 1, effective August 7.
24-19-105. Settlement agreements - public inspection - filing with the department of personnel. (1) (a) Notwithstanding any other law to the contrary, if any settlement agreement between a governmental unit or government-financed entity and a government-supported official or employee settles any employment dispute between such parties and involves the payment of any compensation to such official or employee after the term of employment of such official or employee in a particular employment position has ended, information regarding any amounts paid or benefits provided under such settlement agreement shall be a matter of public record. Any governmental unit or government-financed entity that is a party to such a settlement agreement shall make such information available for public inspection and copying during regular business hours.
(b) If a state governmental unit enters into a settlement agreement to settle any employment dispute with a government-supported official or employee, the state governmental unit shall file a copy of the final settlement agreement with the department of personnel, which shall be a public record pursuant to the provisions of part 2 of article 72 of this title.
(2) The provisions of subsection (1) of this section shall apply to:
(a) Any settlement agreement entered into on or after July 1, 1993; and
(b) Any settlement agreement entered into prior to July 1, 1993, if no other provision of law would prohibit public disclosure of the provisions of such settlement agreement.
Source: L. 93: Entire article added, p. 666, § 1, effective July 1. L. 96: (1) amended, p. 851, § 4, effective May 23.
24-19-106. Existing employment contracts - contract extensions. The provisions of this article shall not apply to any employment contract which was in existence before July 1, 1993; except that the provisions of this article shall apply to any extension of an existing contract if such contract does not contain any term which would prohibit the application of the provisions of this article to such contract extension.
Source: L. 93: Entire article added, p. 666, § 1, effective July 1.
24-19-107. Open records. If a governmental unit is required under the provisions of this article to make any employment contracts or any information regarding amounts paid or benefits provided under any settlement agreements available to the public, such employment contracts or information shall be deemed to be public records, as such term is defined in section 24-72-202 (6), and shall be subject to the provisions of part 2 of article 72 of this title.
Source: L. 93: Entire article added, p. 666, § 1, effective July 1.
24-19-108. Exceptions - definition. (1) The provisions of this article 19 shall not apply to the following:
(a) Any employee employed by the state government or any other governmental unit who is to hold his or her position of employment during efficient service or until reaching retirement age under an employment system denominated as civil service, classified service, or any similar employment system classification;
(b) Any tenured or tenure track faculty member whose primary job assignment is teaching, research, or both teaching and research and who is employed at a state institution of higher education or any specialty track faculty member whose primary job assignment is clinical care and who is employed at a state institution of higher education;
(c) Any employee employed by a unit of local government whose governing body is directly elected by the electors of such local government;
(d) Any certified employee who is separated from state service due to lack of work, lack of funds, or reorganization and who receives postemployment compensation or other benefits authorized by a layoff plan established by the state personnel director pursuant to section 24-50-124 (1)(d)(I); or
(e) Any employee employed at a state institution of higher education whose position is funded by revenues generated through auxiliary activities. For purposes of this subsection (1)(e), auxiliary activities means institutional activities managed and accounted for as self-supporting activities.
Source: L. 93: Entire article added, p. 667, § 1, effective July 1. L. 95: (1)(b) amended, p. 57, § 7, effective March 20. L. 2012: (1)(b) and (1)(c) amended and (1)(d) added, (HB 12-1321), ch. 260, p. 1340, § 3, effective September 1. L. 2017: IP(1), (1)(c), and (1)(d) amended and (1)(e) added, (SB 17-041), ch. 52, p. 163, § 1, effective August 9.
Cross references: In 2012, subsections (1)(b) and (1)(c) were amended and (1)(d) added by the Modernization of the State Personnel System Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.
24-19-109. Enforcement of article - civil suit. If any governmental unit or government-financed entity makes any payment or enters into any agreement in violation of this article, the provisions of this article may be enforced through a civil suit filed in a court of competent jurisdiction.
Source: L. 96: Entire section added, p. 851, § 5, effective May 23.
ARTICLE 19.5
Alternative Forms of Payment to the State
24-19.5-101. Definitions. As used in this article, unless the context otherwise requires:
(1) Alternative forms of payment means forms of payment, including but not limited to credit, charge, or debit cards, other than cash or check.
(2) Collector state governmental entity means any state governmental entity that collects moneys payable to the state that the state governmental entity must remit to one or more other state or local governmental entities.
(3) Moneys payable to the state means moneys owed or paid to any state governmental entity other than bail bonds, judicial bonds, or other moneys that the state governmental entity must return to the payer upon the satisfaction of one or more specified conditions by the payer.
(4) Provider of alternative forms of payment means a person or entity, including but not limited to an issuer of credit, charge, or debit cards, that provides its customers with the ability to use one or more alternative forms of payment.
(5) State governmental entity means the state, any department, agency, or other entity of the state, any state-sponsored institution of higher education, or any authorized agent of any of the foregoing.
Source: L. 99: Entire article added, p. 426, § 1, effective August 4.
24-19.5-102. Acceptance of alternative forms of payment for the payment of moneys payable to the state - allocation of costs. (1) Any state governmental entity responsible for the collection of moneys payable to the state may accept one or more alternative forms of payment for the payment of such moneys in accordance with the provisions of this article.
(2) A collector state governmental entity that chooses to accept one or more alternative forms of payment for the payment of moneys payable to the state that the collector state governmental entity must remit to one or more other governmental entities shall either:
(a) Remit to such other governmental entities the gross amount of any payments made by alternative forms of payment that the collector state governmental entity is required to remit to such other governmental entities notwithstanding the deduction of any moneys from such gross amount by any provider of alternative forms of payment pursuant to a master agreement or other agreement authorized by this article; or
(b) Enter into an intergovernmental agreement with each such other governmental entity regarding the allocation of the costs of accepting such alternative forms of payment.
Source: L. 99: Entire article added, p. 427, § 1, effective August 4.
24-19.5-103. Limitations on convenience fees for the use of alternative forms of payment.
(1) and (2) (Deleted by amendment, L. 2003, p. 1441, § 1, effective April 29, 2003.)
(3) A state governmental entity may impose a convenience fee on persons who use alternative forms of payment, but the amount of any convenience fee imposed on or after April 29, 2003, shall not exceed the actual additional cost incurred by the state governmental agency to process the transaction by alternative form of payment. Any convenience fee on a transaction involving an alternative form of payment shall be imposed in accordance with the master agreement negotiated by the state treasurer and the rules of the alternative payment provider.
Source: L. 99: Entire article added, p. 427, § 1, effective August 4. L. 2003: Entire section amended, p. 1441, § 1, effective April 29.
24-19.5-104. Master agreements - authority of state treasurer. (1) The state treasurer may negotiate and enter into one or more contractual master agreements with providers of alternative forms of payment in accordance with law. To ensure that state governmental entities accept alternative forms of payment in the most consumer-oriented, uniform, and cost-effective manner possible, any state governmental entity that wishes to accept one or more alternative forms of payment shall do so by joining in any master agreements entered into by the state treasurer with respect to such alternative forms of payment. However, the existence of a master agreement covering a particular alternative form of payment shall not require any state governmental entity to accept such alternative form of payment.
(2) The state treasurer shall enter into no more than one master agreement covering any particular alternative form of payment. Any provider of alternative forms of payment that wishes to have one or more state governmental entities accept the alternative forms of payment that it provides shall be a party to any master agreements covering such alternative forms of payment and shall be subject to the same terms and conditions as all other providers of alternative forms of payment that are parties to such agreements. However, this subsection (2) shall not require the state treasurer to include any particular provider of alternative forms of payment as a party to any master agreement.
(3) Notwithstanding the provisions of subsection (1) of this section, the following state governmental entities may accept alternative forms of payment without joining a master agreement entered into by the state treasurer:
(a) Judicial or legislative state governmental entities that are not part of the executive branch of state government; and
(b) State governmental entities that, on or before August 4, 1999, were accepting one or more alternative forms of payment for the payment of moneys payable to the state and had one or more contracts with one or more providers of alternative forms of payment that enabled the state governmental entity to accept such alternative forms of payment.
(4) No later than sixty days following the end of any given fiscal year, the state treasurer shall report to the joint budget committee the total amount of:
(a) Gross payments payable to the state that were made to state governmental entities by alternative forms of payment pursuant to master agreements during such fiscal year; and
(b) Net revenues remitted to state governmental entities by providers of alternative forms of payment pursuant to master agreements during such fiscal year.
(5) The state treasurer may promulgate rules governing master agreements, including but not limited to rules governing the negotiation and administration of such agreements. The state treasurer shall promulgate such rules in accordance with article 4 of this title.
Source: L. 99: Entire article added, p. 427, § 1, effective August 4.
24-19.5-105. Provider of alternative forms of payment required to make payment. Any provider of alternative forms of payment that approves a transaction made by an alternative form of payment for the payment of moneys to a state governmental entity shall remit to the state governmental entity the net revenue of the approved transaction due to the state governmental entity.
Source: L. 99: Entire article added, p. 429, § 1, effective August 4.
ARTICLE 19.7
Recovery of Federal Reimbursement for
Costs Associated with Illegal Immigration
Law reviews: For article, 2006 Immigration Legislation in Colorado, see 35 Colo. Law. 79 (Oct. 2006).
24-19.7-101. Legislative declaration. (1) The general assembly finds that:
(a) The costs incurred by Colorado in addressing illegal immigration have increased in the last three years and are placing a burden on the state's budgetary and human resources;
(b) The areas in which these costs have dramatically increased include, but are not limited to, identifying illegal immigrants, processing illegal immigrants through the criminal justice system, incarcerating illegal immigrants, and providing education, medical assistance, health care, and foster care for illegal immigrants;
(c) At the same time, federal funding to assist states in dealing with illegal immigration has decreased, yet the federal government is asking state governments to do even more with their own funds to enforce federal immigration laws and preserve homeland security, which are essentially federal responsibilities; and
(d) The federal government is in arrears on its obligation to reimburse states for costs incurred by the states in dealing with illegal immigration.
(2) The general assembly, therefore, determines that it is necessary for the state of Colorado to protect its interests and seek the recovery of reimbursement available under federal law for the costs incurred by this state in dealing with illegal immigration.
Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 32, § 1, effective July 31.
24-19.7-102. Illegal immigration - recovery of state's costs - attorney general to pursue remedies. (1) On and after July 31, 2006, the attorney general, on behalf of the state of Colorado, shall pursue all available remedies to recover any moneys owing from the federal government to the state for the reimbursement of costs incurred by the state in dealing with illegal immigration.
(2) On or before December 31, 2006, and on or before December 31, 2007, the attorney general shall file a written report with the governor, the president of the senate, the speaker of the house of representatives, and the chair of the joint budget committee that details the progress and status of the attorney general's pursuit of remedies.
Source: L. 2006, 1st Ex. Sess.: Entire article added, p. 33, § 1, effective July 31.
ARTICLE 19.8
Directive to the Attorney General to Demand
Federal Enforcement of Existing Federal Immigration Laws
Editor's note: This article was enacted by House Bill 06S-1022. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 7, 2006. This article was effective upon proclamation of the governor, December 31, 2007. The vote count for the measure was as follows:
FOR: 830,628
AGAINST: 660,012
Law reviews: For article, 2006 Immigration Legislation in Colorado, see 35 Colo. Law. 79 (Oct. 2006).
24-19.8-101. Legislative declaration. The general assembly hereby finds and declares that the failure to enforce immigration laws at the federal level places an undue burden on state government resources and that there is a limitation on what can be done at the state level to enforce the federal laws and to implement laws at the state level. The general assembly further finds that the state of Colorado spends a disproportionate share of its limited tax revenue on public services and benefits such as health care, law enforcement, criminal defense and incarceration, and education that are provided to illegal aliens as a result of the federal government's failure to enforce immigration laws. Therefore, the Colorado state attorney general shall initiate or join other states in a lawsuit against the United States attorney general to demand the enforcement of all existing federal immigration laws by the federal government.
Source: L. Referred 2006: Entire article added, L. 2006, 1st Ex. Sess., p. 4, § 1, effective December 31.
ARTICLE 19.9
Restrictions on Travel-related
Expenditures by Public Entities
24-19.9-101. Definitions. As used in this article, unless the context otherwise requires:
(1) Covered person means a member of the board of directors or comparable governing body, officer, or employee of a public entity.
(2) Institution of higher education means a state university or college, community college, local district college, or area technical college described in title 23, C.R.S.
(3) Public entity means any instrumentality of the state that is not an agency of the state and that is not subject to administrative direction by any department, commission, bureau, or agency of the state and includes any service authority, law enforcement authority, special purpose authority, or institution of higher education. Public entity shall not include any county, municipality, school district, or any special district formed pursuant to title 32, C.R.S.
(4) Special purpose authority shall have the same meaning as set forth in section 24-77-102 (15).
(5) Travel-related expenditures means expenditures made by a public entity to cover expenses incurred by a covered person for lodging, meals, and incidental expenses in connection with travel undertaken by the covered person for business-related purposes.
Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 938, § 1, effective July 1. L. 2016: (2) amended, (HB 16-1082), ch. 58, p. 151, § 38, effective August 10.
24-19.9-102. Restrictions on travel-related expenditures - covered persons - mandatory reimbursement of excess - exemptions. (1) (a) In the absence of extenuating circumstances, no public entity may make travel-related expenditures on behalf of any covered person in an amount that would exceed, on a daily basis, two times the maximum allowable federal per diem rate that governs the location in which the person is traveling, rounded up to the nearest whole dollar, as determined by the United States general services administration, as of October 1 of the calendar year immediately preceding the fiscal year in which the per diem rate is to be used.
(b) Notwithstanding any other provision of this section, the public entity may make:
(I) Lodging expenditures that are above two times the federal per diem rate for travel-related expenditures in connection with an educational conference where an entity other than the public entity is hosting the conference and the person or entity organizing the conference selected the conference hotel or hotels; or
(II) Travel expenditures that are directly related to a program or a business purpose of a state institution of higher education or a state hospital authority.
(c) In the circumstances described in subparagraph (I) or (II) of paragraph (b) of this subsection (1), the public entity shall make available for review by its governing body or for public inspection, upon the provision of reasonable notice, itemization of any expenditures satisfying such exceptions to the requirements of this section.
(d) Notwithstanding any other provision of this article, travel-related expenditures shall not include the actual costs of travel undertaken by the covered person for business-related purposes including, without limitation, airline fares, taxicab fares, automobile rentals, or reimbursement for automobile mileage expenses.
(2) If the public entity makes travel-related expenditures on behalf of a covered person in excess of the amount authorized by subsection (1) of this section, the covered person shall reimburse the fund of the public entity from which such moneys were diverted for the entire sum in excess of such authorized amount.
(3) A public entity shall make no travel-related expenditures on behalf of the spouse or a member of the immediate family of a covered person. In the event a public entity makes travel-related expenditures on behalf of the spouse or a member of the immediate family of a covered person, the covered person shall reimburse the fund of the public entity from which such moneys were diverted for the entire sum spent by the entity on such expenditures.
Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 939, § 1, effective July 1.
24-19.9-103. Enforcement - complaint procedure - sanctions. (1) Any person who believes that a violation of section 24-19.9-102 has occurred may file a written complaint with the secretary of state within one hundred eighty days of the date of the alleged violation. The secretary of state shall refer the complaint to an administrative law judge within three days of the filing of the complaint. The administrative law judge shall hold a hearing within fifteen days of the referral of the complaint and shall render a decision within fifteen days of the hearing. The defendant shall be granted an extension of up to thirty days upon the defendant's motion or longer upon a showing of good cause. If the administrative law judge determines that such violation has occurred, such decision shall include any appropriate order, sanction, or relief, including:
(a) An order directing the covered person, or the spouse or a member of the immediate family of a covered person, as applicable, on whose behalf travel-related expenditures were made by the public entity in violation of section 24-19.9-102, to reimburse the fund of the public entity from which such moneys were diverted for some or all of the expenditures in accordance with the requirements of section 24-19.9-102;
(b) Injunctive relief; or
(c) A restraining order to enjoin the continuance of the violation.
(2) The decision of the administrative law judge shall be final and subject to review by the court of appeals, pursuant to section 24-4-106 (11). The secretary of state and the administrative law judge are not necessary parties to the review. The decision may be enforced by the secretary of state or, if the secretary of state does not file an enforcement action within thirty days of the decision, in a private cause of action by the person filing the complaint. Any private action brought under this section shall be brought within one year of the date of the violation in state district court. The prevailing party in a private enforcement action shall be entitled to reasonable attorney fees and costs.
Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 940, § 1, effective July 1.
STATE OFFICERS
ARTICLE 20
Governor
PART 1
GOVERNOR
Cross references: For the election of the governor and his term of office, see § 1 of art. IV, Colo. Const., and § 1-4-204; for provisions concerning the governor-elect, see article 8 of this title; for the compensation of the governor and president of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives while acting as governor, see § 24-9-101; for discretionary funds of the governor, see § 24-9-105; for the creation of the office of state planning and budgeting in the office of the governor, see § 24-37-102; for the authority of the governor to set aside bids for public printing, see § 24-70-216.
24-20-101. Office at seat of government - secretary. The governor shall keep his office at the seat of government, in which shall be transacted the business of the executive; and he shall keep a secretary at said office during his absence.
Source: G.L. § 1089. G.S. § 1322. R.S. 08: § 6146. C.L. § 44. CSA: C. 156, § 1. CRS 53: § 132-1-1. C.R.S. 1963: § 132-1-1.
24-20-102. Journal to be kept - contents. The governor shall cause a journal to be kept in the executive office, in which shall be made an entry of every official act done by him, at the time when done. If, in case of an emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible.
Source: G.L. § 1090. G.S. § 1323. R.S. 08: § 6147. C.L. § 45. CSA: C. 156, § 2. CRS 53: § 132-1-2. C.R.S. 1963: § 132-1-2.
24-20-103. Keep military record - entries. The governor shall cause a military record to be kept, in which shall be made an entry of every act done by him as commander in chief of the militia.
Source: G.L. § 1091. G.S. § 1324. R.S. 08: § 6148. C.L. § 46. CSA: C. 156, § 3. CRS 53: § 132-1-3. C.R.S. 1963: § 132-1-3.
24-20-104. Publication policy - reports to general assembly.
(1) Repealed.
(2) The governor shall review all reports on the operations of all agencies in the executive branch submitted by the heads of the principal departments in accordance with the provisions of section 24-1-136. Upon approval, the governor shall make available to each member of the general assembly, at the opening of each regular session, a copy of each such report, accounting to the general assembly for the efficient discharge of all responsibilities assigned by law or directive to the executive branch of state government. The governor shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of the reports and offering to provide each member with a copy of the reports.
Source: G.L. § 1095. G.S. § 1328. R.S. 08: § 6152. C.L. § 47. CSA: C. 156, § 4. CRS 53: § 132-1-4. C.R.S. 1963: § 132-1-4. L. 64: p. 114, § 5. L. 83: (2) amended and (1) repealed, pp. 834, 846, §§ 38, 86, effective July 1. L. 99: (2) amended, p. 686, § 5, effective August 4.
24-20-105. Lieutenant governor - governor - succession to office. Succession to the office of the lieutenant governor and to the office of the governor shall be as provided for in section 13 of article IV of the state constitution.
Source: G.L. § 1096. G.S. § 1329. R.S. 08: § 6153. C.L. § 51. CSA: C. 156, § 8. CRS 53: § 132-1-5. C.R.S. 1963: § 132-1-5. L. 69: p. 1109, § 1. L. 78: Entire section amended, p. 266, § 67, effective May 23.
24-20-106. Governor may employ counsel. Whenever the governor is satisfied that an action or proceeding has been commenced which may affect the rights or interests of the state, with the consent of the attorney general, he may employ counsel to assist the proper officer to protect such rights or interests; and when any civil action or proceeding has been or is about to be commenced by the proper officer in behalf of the state, the governor may employ additional counsel to assist in the cause.
Source: G.L. § 1093. G.S. § 1326. R.S. 08: § 6150. C.L. § 48. CSA: C. 156, § 5. CRS 53: § 132-1-6. C.R.S. 1963: § 132-1-6.
Cross references: For the duty of the attorney general to prosecute and defend suits upon request of the governor, see § 24-31-101.
24-20-107. Expenses allowed on certificate of governor. Expenses incurred under section 24-20-106 and in causing the laws to be executed may be allowed by the governor and upon his certificate shall be audited and paid from any money in the treasury not otherwise appropriated.
Source: G.L. § 1094. G.S. § 1327. R.S. 08: § 6151. C.L. § 49. CSA: C. 156, § 6. CRS 53: § 132-1-7. C.R.S. 1963: § 132-1-7.
24-20-108. Action by governor - emergency proclamation. Upon recommendation of the coordinator of environmental problems, the governor may, after thorough investigation and evaluation of the situation, take such action as may be necessary to prevent or minimize any significant risk of serious danger to the public health arising from any activity, condition, or the use of any material. In such event, the governor may issue an emergency proclamation and may order a moratorium or prohibition which may restrict, limit, or control such activity, condition, or use; but no such order shall be effective for an initial period of longer than fifteen days, and the effective period of such order shall not be extended for more than fifteen days beyond the initial period.
Source: L. 70: p. 361, § 1. C.R.S. 1963: § 132-1-10.
24-20-109. Right of senate to reconfirm new governor's appointment of reappointed executive director. When the executive director of a principal department of state government is appointed by the governor with the consent of the senate to serve at the pleasure of the governor, he shall be subject to reconfirmation of the senate if, after initial election of a new governor, he is reappointed to the same position by such new governor.
Source: L. 86: Entire section added, p. 884, § 1, effective May 23.
Cross references: For the general provision on appointment of executive directors by the governor, see § 24-1-108.
24-20-110. Transfer of employees to office of innovation and technology. On July 1, 1999, certain employees of the Colorado advanced technology institute prior to said date shall be transferred to and become employees of the office of technology and innovation created in the office of the governor. Any such employees who are classified employees in the state personnel system at the time of the transfer shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations. The transfer of employees pursuant to this section shall be made in accordance with the provisions of section 12 of House Bill 99-1359, enacted at the first regular session of the sixty-second general assembly.
Source: L. 99: Entire section added, p. 885, § 11, effective July 1.
24-20-111. Climate change position created - duties - report. (1) (a) There shall be a position created by the governor within the executive branch, which position must include the term climate change in its title, to assess climate change issues in the state.
(b) The organizational location of the position created under paragraph (a) of this subsection (1) of this section shall be at the discretion of the governor and may utilize existing resources as appropriate. In order to reduce the costs associated with creating the climate change position, nothing in this section precludes the person named to the position established under paragraph (a) of this subsection (1) of this section from holding other titles or performing other functions within any department or office of the executive branch.
(2) The duties of the position created pursuant to subsection (1) of this section include, at a minimum:
(a) Development and periodic update of a climate action plan or similar document that sets forth a strategy, including specific policy recommendations, that the state could use to address climate change and reduce its greenhouse gas emissions; and
(b) Collaboration with other entities regarding climate change preparedness studies.
(3) (a) The governor or his or her designee shall submit an annual report to the house agriculture, livestock, and natural resources committee, the house transportation and energy committee, and the senate agriculture, natural resources, and energy committee, or any successor committees, on climate change issues generally, the current climate action plan developed under this section, and the specific ways in which climate change affects the state. The report may address, as appropriate, the correlations between climate change and wildfires, bark beetle infestation, snowpack, water storage, drought, and statewide emissions of greenhouse gases. The report shall include information regarding efforts to reduce emissions of gases and to reform practices known to exacerbate climate change effects. The report shall also include additional prospective proposals to prepare the state for the effects of climate change and proposals to further reduce the factors that contribute to climate change within Colorado.
(b) The development of a climate action plan in accordance with this section must take into account previous action plans developed by the state and goals and directives contained in executive orders issued by the governor.
(c) The report required by this subsection (3) is exempt from the automatic expiration described in section 24-1-136 (11).
Source: L. 2013: Entire section added, (HB 13-1293), ch. 312, p. 1642, § 2, effective May 28.
Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 312, Session Laws of Colorado 2013.
24-20-112. Implementation of section 16 of article XVIII of the Colorado constitution - criteria for pesticide use - education oversight and materials - rules. (1) The governor shall designate a state agency to promulgate rules to designate criteria that identify pesticides that may be used in the cultivation of marijuana as authorized pursuant to article 10 of title 44. The designated agency may consult with other state agencies in promulgating the rules. The agency shall publish a list of pesticides that meet the criteria on its website.
(2) The governor shall designate a state agency to work with a private advisory group to develop good cultivation and handling practices for the marijuana industry. The designated agency is encouraged to assist in the formation of a private advisory group. If a private advisory group develops good cultivation and handling practices, an entity licensed pursuant to article 10 of title 44 that follows those practices may include a statement of compliance on its label after receiving certification of compliance. The designated agency may consult with other state agencies to receive technical assistance.
(3) The governor shall designate a state agency to work with a private advisory group to develop good laboratory practices for the retail marijuana industry. The designated agency is strongly encouraged to assist in the formation of a private advisory group. The designated agency may consult with other state agencies to receive technical assistance.
(4) The governor shall designate a state agency that must establish an educational oversight committee composed of members with relevant experience in marijuana issues. The committee shall develop and implement recommendations for education of all necessary stakeholders on issues related to marijuana use, cultivation, and any other relevant issues. The committee shall encourage professions to include marijuana education, if appropriate, as a part of continuing education programs.
(5) The governor shall designate a state agency that shall establish educational materials regarding appropriate retail marijuana use and prevention of marijuana use by those under twenty-one years of age. In establishing educational materials, to the greatest extent possible, the state agency shall utilize established best practices and existing federal and state resources.
Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1891, § 7, effective May 28. L. 2016: (1) amended, (SB 16-015), ch. 10, p. 23, § 1, effective August 10. L. 2018: (1) and (2) amended, (HB 18-1023), ch. 55, p. 588, § 15, effective October 1. L. 2019: (1) and (2) amended, (SB 19-224), ch. 315, p. 2938, § 20, effective January 1, 2020.
24-20-113. Governor to provide technical assistance in federal land issues. (1) (a) The governor, in cooperation with the executive director of the department of natural resources, the commissioner of agriculture, and the executive director of the department of local affairs, shall make available to interested local governments technical support to aid local governments in:
(I) Entering into cooperating agency relationships with federal agencies;
(II) Sharing information and expertise with federal land managers;
(III) Developing local land use plans within the meaning of part 1 of article 28 of title 30 and article 23 of title 31, C.R.S.;
(IV) Hiring consultants to perform analyses of local government interests;
(V) Entering into memoranda of understanding with federal land management agencies; or
(VI) Implementing similar methods to improve coordination, cooperation, and collaboration in federal land management decision-making.
(b) The governor may establish an advisory committee to provide technical assistance as described in paragraph (a) of this subsection (1) for one or more federal land management decision-making processes if the governor determines that the advisory committee would provide effective and efficient technical support for collaborative engagement.
(2) The governor, in cooperation with the executive director of the department of natural resources, the commissioner of agriculture, and the executive director of the department of local affairs, shall notify local governments of the availability of technical assistance as described in subsection (1) of this section.
Source: L. 2015: Entire section added, (HB 15-1225), ch. 187, p. 621, § 2, effective May 13.
Cross references: For the legislative declaration in HB 15-1225, see section 1 of chapter 187, Session Laws of Colorado 2015.
24-20-114. Director of water project permitting - water permitting coordination fund - repeal. (Repealed)
Source: L. 2016: Entire section added, (SB 16-200), ch. 251, p. 1027, § 1, effective August 10.
Editor's note: Subsection (5) provided for the repeal of this section, effective September 1, 2019. (See L. 2016, p. 1027.)
24-20-115. Appointments by the governor - diversity - definition. (1) As used in this section, board means any statewide board, commission, committee, or task force authorized by the general assembly in which all of its members are appointed by the governor.
(2) Effective January 1, 2022, when making appointments to or filling vacancies of any board, the governor shall make reasonable efforts, to the extent an application for board membership is submitted to the governor, to consider appointing members that, along with meeting the board's specified membership requirements, reflect the geographic and demographic diversity of the entire state, including members from both rural and urban parts of the state, and members of diverse political, racial, disability, and cultural groups and of diverse sexual orientations and genders.
Source: L. 2021: Entire section added, (HB 21-1212), ch. 180, p. 975, § 1, effective September 7.
PART 2
INSURRECTION - FIREARMS PROHIBITED
24-20-201. Insurrection - firearms prohibited. (Repealed)
Source: L. 14: p. 4, § 1. C.L. § 5495. CSA: C. 68, § 6. CRS 53: § 53-4-1. C.R.S. 1963: § 53-4-1. L. 2003: Entire section repealed, p. 2176, § 2, effective June 3.
24-20-202. Permit to bear arms. (Repealed)
Source: L. 14: p. 4, § 2. C.L. § 5496. CSA: C. 68, § 7. CRS 53: § 53-4-2. C.R.S. 1963: § 53-4-2. L. 2003: Entire section repealed, p. 2177, § 3, effective June 3.
24-20-203. Constitutional rights preserved. Nothing in this part 2 shall be construed so as to call in question the right of any person to keep and bear arms in the defense of his home, person, or property or in aid of the civil power when thereto legally summoned.
Source: L. 14: p. 5, § 3. C.L. § 5497. CSA: C. 68, § 8. CRS 53: § 53-4-3. C.R.S. 1963: § 53-4-3.
24-20-204. Violation - penalty. (Repealed)
Source: L. 14: p. 5, § 4. C.L. § 5498. CSA: C. 68, § 9. CRS 53: § 53-4-4. C.R.S. 1963: § 53-4-4. L. 2003: Entire section repealed, p. 2177, § 4, effective June 3.
PART 3
AN EMERGENCY CAUSED BY OR RELATED TO THE USE OF ENERGY
24-20-301 to 24-20-310. (Repealed)
Source: L. 81: Entire part repealed, p. 1161, § 1, effective February 1, 1982.
Editor's note: This part 3 was added in 1979. For amendments to this part 3 prior to its repeal in 1982, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
PART 4
OFFICE OF ENERGY CONSERVATION
24-20-401 to 24-20-409. (Repealed)
Editor's note: (1) This part 4 was added in 1980 and was not amended prior to its repeal in 1981. For the text of this part 4 prior to 1981, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-20-409 provided for the repeal of this part 4, effective July 1, 1981. (See L. 80, p. 590.)
PART 5
GOVERNOR'S COMMISSION ON
COMMUNITY SERVICE
Cross references: For the legislative declaration in HB 18-1324, see section 1 of chapter 188, Session Laws of Colorado 2018.
24-20-501. Governor's commission on community service - creation - definition. The governor's commission on community service, referred to in this part 5 as the commission, is created in the office of the lieutenant governor.
Source: L. 2018: Entire part added, (HB 18-1324), ch. 188, p. 1264, § 2, effective August 8.
24-20-502. Membership and organization - definition. (1) The commission consists of at least fifteen, but not more than twenty, voting members as follows:
(a) The commissioner of education or the commissioner's designee; and
(b) At least fourteen, but not more than nineteen, members appointed by the governor as follows:
(I) A representative of a community-based agency or organization in the state;
(II) A representative of local government;
(III) A representative of local labor organizations;
(IV) An individual between the ages of sixteen and twenty-five, inclusive, who is a participant or supervisor of a service program for school-age youth or of a campus-based or national service program;
(V) A representative of a national service program;
(VI) A representative of business;
(VII) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth;
(VIII) An individual with experience in promoting the involvement of adults age fifty-five and older in service and volunteerism; and
(IX) At least six, but not more than ten, individuals who have knowledge in the fields of community service, volunteerism, literacy, mentoring, or other subject areas as necessary for the needs of the commission's programs.
(c) A representative of the corporation for national and community service, referred to in this part 5 as the corporation, shall be an ex officio nonvoting member of the commission. The governor may appoint additional ex officio nonvoting members in accordance with 42 U.S.C. sec. 12582.
(3) Not more than a minimum majority of the voting members of the commission may be affiliated with the same political party.
(4) (a) In making appointments, the governor shall ensure, to the maximum extent possible, that the membership of the commission is diverse.
(b) Members appointed by the governor serve terms of three years; except that the terms shall be staggered so that no more than a minimum majority of the appointed members' terms expire in the same year.
(c) The governor may reappoint a member for one additional consecutive term. In the event of a vacancy in an appointed position, the governor shall appoint a member to fill the position for the remainder of the term.
(5) The voting members of the commission shall annually elect one of the voting members to serve as chair for a term of one year.
(6) Members serve without compensation; except that members are entitled to reimbursement for actual and necessary travel expenses incurred in the performance of their duties.
(7) On or before January 1 of each year, the commission shall submit a report to the governor summarizing the activities of the commission during the preceding year.
Source: L. 2018: Entire part added, (HB 18-1324), ch. 188, p. 1264, § 2, effective August 8. L. 2022: (3), (4)(b), and (7) amended, (SB 22-013), ch. 2, p. 46, § 56, effective February 25.
24-20-503. Powers and duties. (1) The commission shall meet at least six times per year and may meet more frequently at the discretion of the commission.
(2) Commission members shall abide by all federal and state regulations relating to the establishment of the commission. The commission may adopt bylaws and policies as necessary to fulfill the purposes of this part 5.
(3) In accordance with 42 U.S.C. sec. 12638, the primary duties, responsibilities, and functions of the commission include:
(a) Recommending to the governor a three-year comprehensive national and community service plan for the state that is developed through an open and public process, is updated annually, and ensures outreach to diverse community-based agencies that serve underrepresented populations;
(b) Administering a competitive process in compliance with federal regulations to select service programs to be included in the applications to the corporation;
(c) Assisting in the development of service grant programs;
(d) Preparing for the governor an application to the corporation to receive funding and educational awards for programs selected pursuant to 42 U.S.C. sec. 12582;
(e) Administering, overseeing, and monitoring the performance and progress of funded programs, including working with the governor and the corporation to implement comprehensive, nonduplicative evaluation and monitoring systems;
(f) Providing technical assistance to local nonprofit organizations and other entities in planning programs, applying for funds, and implementing high-quality programs;
(g) Developing mechanisms for recruitment and placement of people interested in participating in service programs;
(h) Assisting the department of education in preparing the application to the corporation for programs described in 42 U.S.C. sec. 12525;
(i) Assisting in the provision of health care and childcare benefits under 42 U.S.C. sec. 12594 to participants in service programs that receive assistance under 42 U.S.C. sec. 12571;
(j) Coordinating commission activities with other state agencies that administer federal financial assistance programs under the federal Community Service Block Grant Act, 42 U.S.C. sec. 9901, et seq.;
(k) Coordinating the commission's efforts with the priorities and initiatives of the governor's office through continued discussion and consideration of the governor's recommendations;
(l) Preparing the application of the state under 42 U.S.C. sec. 12582 for the approval of service positions that include the national service education award;
(m) Making recommendations to the corporation with respect to priorities for programs receiving assistance under the federal Domestic Volunteer Service Act of 1973, 42 U.S.C. sec. 4950, et seq.;
(n) Developing projects, training methods, curriculum materials, and other materials and activities related to national service programs that receive assistance directly from the corporation or from the state using assistance provided under 42 U.S.C. sec. 12571 for use by programs that request such projects, methods, materials, and activities; and
(o) Conducting such other state programs as are consistent with or authorized by the corporation.
(4) To accomplish the purposes of this part 5, the commission may:
(a) Delegate nonpolicy-making duties to a state agency or public or private nonprofit organizations, subject to such requirements as the corporation may prescribe, or as necessary to implement a federal program or requirement; and
(b) Seek, accept, and expend gifts, grants, or donations from private or public sources.
(5) At the request of the commission, the office of the lieutenant governor shall provide office space, equipment, and staff services as necessary to implement this part 5.
Source: L. 2018: Entire part added, (HB 18-1324), ch. 188, p. 1265, § 2, effective August 8.
ARTICLE 21
Secretary of State - Department of State
PART 1
GENERAL PROVISIONS
24-21-101. Office at seat of government - duties - bond. (1) The secretary of state shall keep office at the seat of government and perform all the duties which may be required of the secretary of state by law. The secretary of state shall have charge of and keep all the acts and resolutions of the territorial legislature and of the general assembly of the state, the enrolled copy of the constitution of the state, and all bonds, books, records, maps, registers, and papers of a public character which may be deposited, to be kept in the office. The secretary of state shall give a bond to the state of Colorado in the sum of ten thousand dollars, conditioned for the faithful discharge of the duties of the office, said bond to be approved by the governor and attorney general and to be deposited in the office of the state treasurer.
(2) The secretary of state shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
Source: G.L. § 1098. G.S. § 1331. L. 1879: p. 60, § 1. R.S. 08: § 6155. C.L. § 52. CSA: C. 156, § 9. CRS 53: § 132-2-1. C.R.S. 1963: § 132-2-1. L. 94: Entire section amended, p. 564, § 9, effective April 6.
Cross references: For the powers and duties of the secretary of state relating to elections, see § 1-1-107; for the duties relating to initiated measures, see article 40 of title 1; for the duties relating to the Uniform Commercial Code, see title 4; for the duties relating to corporations, see title 7; for the duties relating to the licensing of bingo and raffles, see part 6 of this article 21; for the duties relating to the appointment of notaries public, see article 55 of title 12; for the duties relating to the registration of federal tax liens, see article 25 of title 38; for the powers relating to standards of conduct for government officers and employees, see part 1 of article 18 of this title; for designation of the secretary of state as custodian of the seal of the state, see § 24-80-903; for general bond requirements, see § 24-2-104; for the salary of secretary of state, see § 24-9-101; for discretionary funds of the secretary of state, see § 24-9-105; for the election of the secretary of state, see § 3 of art. IV, Colo. Const., and § 1-4-204.
24-21-102. Custody of state property. (Repealed)
Source: G.L. § 1099. G.S. § 1332. R.S. 08: § 6156. C.L.: § 53. CSA: C. 156, § 10. CRS 53: § 132-2-2. C.R.S. 1963: § 132-2-2. L. 76: Entire section repealed, p. 609, § 38, effective July 1.
24-21-103. Countersign commissions - record. All commissions issued by the governor shall be countersigned by the secretary of state, who shall register each commission in a book to be kept for that purpose, specifying the office, name of officer, date of commission, and term of office.
Source: G.L. § 1100. G.S. § 1333. R.S. 08: § 6157. C.L. § 54. CSA: C. 156, § 11. CRS 53: § 132-2-3. C.R.S. 1963: § 132-2-3.
24-21-104. Fees of secretary of state. (1) (a) (I) The secretary of state shall charge fees, which shall be determined and collected pursuant to subsection (3) of this section, for:
(A) Filing each body corporate and politic document;
(B) Filing each facsimile signature;
(C) Each notary public's commission;
(D) Each foreign commission;
(E) Each official certificate;
(F) Administering each oath;
(G) Each filing made in accordance with sections 6-13-201 and 6-13-202;
(H) Any transcripts or copies of papers and records, computer tapes, microfilm, or microfiche; and
(I) Any other papers officially executed and other official work that is done in the secretary of state's office.
(II) The secretary of state shall not deliver any commission, file for record any certificate, or do any other official work until the applicable fee for the work has first been paid.
(III) At the time of service of any subpoena upon the secretary of state or any of his or her deputies or employees, a fee of fifty dollars and a fee of ten dollars for meals and mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena shall be paid to the department of state cash fund. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, the sum of forty-four dollars for each day of attendance shall be paid, in advance, to the department of state cash fund to cover the expenses of the person named in the subpoena.
(b) Notwithstanding the amount specified for any fee in paragraph (a) of this subsection (1), the secretary of state by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).
(2) Except as otherwise provided by statute, the secretary of state is authorized to maintain an accounts receivable system for the collection of fees charged for papers officially executed and all other official work which may be done in his office.
(3) (a) This subsection (3) shall apply, where referenced by statute, to all fees charged by the secretary of state.
(b) The department of state shall adjust its fees so that the revenue generated from the fees approximates its direct and indirect costs, including the cost of maintenance and improvements necessary for the distribution of electronic records; except that the department may reduce its fees to generate revenue in an amount less than costs if necessary pursuant to section 24-75-402 (3). Such costs shall not include the costs paid by the amounts appropriated by the general assembly from the general fund to the department of state for elections pursuant to section 24-21-104.5. Such fees shall remain in effect for the fiscal year following the adjustment. All fees collected by the department shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund, which fund is hereby created. All money credited to the department of state cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. The money credited or transferred to the department of state cash fund is available for appropriation by the general assembly to the department of state in the general appropriation bill or pursuant to section 24-9-105 (2).
(c) Beginning July 1, 1984, and each July 1 thereafter, whenever moneys appropriated to the department of state during the prior fiscal year are unexpended, said moneys shall be made a part of the appropriation to the department of state for the next fiscal year, and such amount shall not be raised from fees collected by the department of state. If a supplemental appropriation is made to the department of state for its activities, the fees of the department of state shall be adjusted by an additional amount that is sufficient to compensate for such supplemental appropriation. Funds appropriated to the department of state in the general appropriation bill from the department of state cash fund shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the department of state.
(d) (I) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, for the fiscal year beginning July 1, 1984, the general assembly, acting by bill, may direct the state treasurer to deduct from the department of state cash fund any unappropriated moneys in said fund and to credit such moneys to the general fund.
(II) Repealed.
(III) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1997, the state treasurer shall deduct one million dollars from the department of state cash fund and transfer such sum to the state rail bank fund created in section 43-1-1309, C.R.S.
(IV) and (V) Repealed.
(VI) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1998, the state treasurer shall deduct three million dollars from the department of state cash fund and transfer such sum to the state public school fund created in section 22-54-114, C.R.S.
(VII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, in addition to any transfers authorized in H.B. 98-1234, on July 1, 1998, the state treasurer shall deduct one million dollars from the department of state cash fund and transfer such sum to the state public school fund created in section 22-54-114, C.R.S.
(VIII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on July 1, 1998, the state treasurer shall deduct one million seven hundred thousand dollars from the department of state cash fund and transfer such sum to the children's basic health plan trust fund created in section 25.5-8-105, C.R.S.
(IX) Repealed.
(X) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on March 27, 2002, the state treasurer shall deduct one million two hundred thousand dollars from the department of state cash fund and transfer such sum to the general fund.
(XI) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on March 5, 2003, the state treasurer shall deduct two million two hundred thousand dollars from the department of state cash fund and transfer such sum to the general fund.
(XII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on March 5, 2003, the state treasurer shall deduct five hundred thousand dollars from the department of state cash fund and transfer such sum to the general fund.
(XII.5) to (XV) Repealed.
(e) (Deleted by amendment, L. 97, p. 1484, § 1, effective July 1, 1997.)
(f) Repealed.
(g) All moneys collected by the office of the secretary of state pursuant to section 4-9-525, C.R.S., shall be transferred to the state treasurer and credited to the department of state cash fund pursuant to this subsection (3).
(h) (Deleted by amendment, L. 98, p. 1331, § 42, effective June 1, 1998.)
(i) and (j) Repealed.
(k) On July 1, 2022, the state treasurer shall transfer eight million four hundred thirty-five thousand dollars from the general fund to the department of state cash fund for use by the department for the fiscal year commencing on July 1, 2022, to establish a credit program to reduce certain business fees calculated under subsection (3)(b) of this section. The credit program set forth in this subsection (3)(k) to reduce certain business fees shall end on or before June 30, 2023, unless otherwise extended by the general assembly.
(4) For fiscal years beginning on or after July 1, 2015, and for purposes of section 24-75-402, the alternative maximum reserve for the department of state cash fund is equal to sixteen and five-tenths percent of the total amount the department of state expended from the fund during the fiscal year, plus an amount equal to the amount of unexpended money from an appropriation to the department of state from the fund for the fiscal year to reimburse county clerk and recorders in accordance with section 24-21-104.5 for election costs.
Source: G.L. § 1161. G.S. § 1416. R.S. 08: § 2519. C.L. § 7867. CSA: C. 66, § 1. L. 45: p. 339, § 1. CRS 53: § 132-2-4. C.R.S. 1963: § 132-2-4. L. 71: p. 1235, § 1. L. 76: Entire section amended, p. 594, § 3, effective July 1. L. 77: Entire section amended, p. 1167, § 1, effective June 19. L. 81: (1) amended and (3) added, p. 430, § 7, effective July 1. L. 83: Entire section amended, p. 861, § 1, effective July 1. L. 84: (3)(d) added, p. 672, § 1, effective May 11. L. 85: (3)(d) amended, p. 805, § 1, effective May 16; (3)(b) amended, p. 802, § 4, effective July 1. L. 87: (3)(e) added, p. 932, § 2, effective July 1. L. 92: (3)(e)(I) amended, p. 1009, § 1, effective July 1. L. 95: (3)(b) amended and (3)(f) to (3)(h) added, p. 1142, § 19, effective July 1. L. 96: (3)(b) and (3)(c) amended, p. 1441, § 2, effective June 1. L. 97: (3)(d) and (3)(e) amended, p. 1484, § 1, effective July 1. L. 98: (3)(d)(IV) added, p. 877, § 2, effective May 26; (3)(d)(V) added, p. 867, § 2, effective May 26; (3)(d)(VI) added, p. 975, § 22, effective May 27; (1), (3)(b), and (3)(h) amended, (3)(d)(IV) and (3)(d)(V) repealed, and (3)(d)(VII), (3)(d)(VIII), and (3)(d)(IX) added, pp. 1331, 1363, 1364, 1360, 1362, §§ 42, 129, 131, 117, 125, 133, effective June 1; (3)(b) amended and (3)(i) added, p. 27, § 5, effective July 1. L. 99: (3)(f)(II) amended, p. 752, § 22, effective July 1. L. 2000: (3)(d)(II) repealed, p. 1861, § 74, effective August 2. L. 2001: (3)(g) amended, p. 1446, § 40, effective July 1. L. 2002: (3)(d)(X) added, p. 152, § 8, effective March 27; (3)(b) amended, p. 859, § 11, effective May 30; (3)(b) amended and (3)(j) added, p.1653, § 15, effective August 7. L. 2003: (3)(d)(XI) added, p. 496, § 4, effective March 5; (3)(d)(XII) added, p. 457, § 13, effective March 5. L. 2006: (3)(d)(VIII) amended, p. 2007, § 69, effective July 1. L. 2007: (3)(b) amended, p. 910, § 3, effective May 17. L. 2008: (3)(d)(XIII) and (3)(d)(XIV) added, p. 1815, § 1, effective June 2. L. 2009: (3)(d)(XII.5) added, (SB 09-208), ch. 149, p. 622, § 16, effective April 20. L. 2010: (3)(d)(XV) added, (SB 10-143), ch. 268, p. 1226, § 1, effective May 25. L. 2011: (3)(d)(XIII) and (3)(d)(XIV) repealed, (HB 11-1080), ch. 256, p. 1123, § 7, effective June 2. L. 2012: (3)(b) amended and (3)(i) repealed, (HB 12-1274), ch. 214, p. 924, § 10, effective August 8. L. 2014: (3)(d)(XII.5) amended, (HB 14-1341), ch. 126, p. 449, § 1, effective April 18. L. 2016: (4) added, (SB 16-089), ch. 44, p. 106, § 1, effective March 23. L. 2017: (1)(a) amended, (HB 17-1092), ch. 78, p. 248, § 5, effective August 9. L. 2020: (3)(d)(IX) repealed, (SB 20-136), ch. 70, p. 289, § 29, effective September 14. L. 2022: (3)(b) amended and (3)(k) added, (HB 22-1001), ch. 163, p. 1017, § 2, effective May 16.
Editor's note: (1) Amendments to subsection (3)(b) by Senate Bill 98-194 and House Bill 98-1043 were harmonized.
(2) Subsection (3)(f)(II)(B) provided for the repeal of subsection (3)(f), effective January 1, 2000. (See L. 99, p. 752.)
(3) Amendments to subsection (3)(b) by House Bill 02-1326 and House Bill 02-1321 were harmonized.
(4) Subsection (3)(d)(XII) was originally numbered as (3)(d)(XI) in Senate Bill 03-191 but has been renumbered on revision for ease of location.
(5) Subsection (3)(j)(II) provided for the repeal of subsection (3)(j), effective July 1, 2003. (See L. 2002, p. 1653.)
(6) Subsection (3)(d)(IX) refers to the Colorado tourism promotion fund in § 24-32-1306. Part 13 of article 32 was repealed August 1, 2000.
(7) Subsection (3)(d)(XV)(D) provided for the repeal of subsection (3)(d)(XV), effective July 1, 2011. (See L. 2010, p. 1226.)
(8) Subsection (3)(d)(XII.5)(B) provided for the repeal of subsection (3)(d)(XII.5), effective July 1, 2014.
Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020. For the legislative declaration in HB 22-1001, see section 1 of chapter 163, Session Laws of Colorado 2022.
24-21-104.5. General fund appropriation - cash fund appropriation - elections - legislative intent. (1) The general assembly is authorized to appropriate money from the department of state cash fund to the department of state to cover the costs of the local county clerk and recorders relating to the conduct of presidential primary elections, general elections, and November odd-year elections. If the amount of money in the department of state cash fund is insufficient to cover such costs, the general assembly may appropriate additional general fund money to cover such costs after exhausting all money in the department of state cash fund. The intent of the general assembly is to authorize the appropriation of department of state cash fund money and general fund money to the department of state to offset some of the costs of local county clerk and recorders associated with the additional election duties and requirements resulting from the preparation and conduct of presidential primary elections and from the passage of section 20 of article X of the state constitution and from the increased number of initiatives that are being filed.
(2) For a presidential primary election, as defined in section 1-4-1202 (2), the general assembly shall appropriate money from the general fund to cover the costs of the election incurred by the state arising from the preparation and conduct of a presidential primary election in accordance with part 12 of article 4 of title 1. In addition, by means of an appropriation from the general fund, the state shall also reimburse the counties for all of the actual direct costs they incur arising from the preparation and conduct of such election in accordance with part 12 of article 4 of title 1. By rule promulgated in accordance with article 4 of this title 24, the secretary of state shall determine the type of actual direct costs for which the counties are entitled to reimbursement pursuant to section 1-4-1203 (5) and this subsection (2).
(3) The general assembly shall annually appropriate money from the general fund to the department of state as necessary to pay for the costs of implementing the provisions of House Bill 21-1071, enacted in 2021.
Source: L. 96: Entire section added, p. 1441, § 1, effective June 1. L. 99: Entire section amended, p. 943, § 5, effective May 28. L. 2000: Entire section amended, p. 657, § 4, effective August 2. L. 2003: Entire section amended, p. 496, § 5, effective March 5. L. 2006: Entire section amended, p. 2035, § 24, effective June 6. Initiated 2016: Entire section amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820. L. 2017: Entire section amended, (SB 17-305), ch. 216, p. 844, § 7, effective August 9. L. 2021: (3) added, (HB 21-1071), ch. 367, p. 2422, § 15, effective July 1, 2022.
Editor's note: This section was amended by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows:
FOR: 1,701,599
AGAINST: 953,246
Cross references: For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017.
24-21-104.7. Acceptance of gifts and grants. The department of state may receive and expend any gift or grant, including federal funds, if such gift or grant involves no state funds and is available for the purpose of exercising the powers and performing the duties of the secretary of state as specified in section 1-1-107, C.R.S. Subject to appropriation by the general assembly, the department may provide matching funds when necessary to receive any such gift or grant.
Source: L. 2002: Entire section added, p. 1641, § 36, effective June 7.
24-21-104.9. County reimbursements for voting equipment - local elections assistance cash fund - creation - repeal. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1278), ch. 326, p. 3035, § 49, effective August 9. L. 2020: (1) amended, (HB 20-1132), ch. 3, p. 5, § 1, effective March 4.
Editor's note: Subsection (7) provided for the repeal this section, effective July 1, 2021. (See L. 2019, p. 3035.)
Cross references: For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.
24-21-105. Deputy - responsibility. The secretary of state may appoint a deputy to act for him if he deems it necessary, who shall have full authority to act in all things relating to the office. The secretary shall be responsible for all acts of such deputy.
Source: G.L. § 1102. G.S. § 1335. R.S. 08: § 6159. C.L. § 60. CSA: C. 156, § 17. CRS 53: § 132-2-5. C.R.S. 1963: § 132-2-5.
Cross references: For compensation of the deputy secretary of state, see § 24-9-102.
24-21-106. May employ clerical assistance. The secretary of state is hereby authorized to employ, in addition to his deputy, clerical assistants pursuant to section 13 of article XII of the state constitution.
Source: L. 1889: p. 339, § 1. L. 1891: p. 195, § 1. R.S. 08: § 6160. C.L. § 61. CSA: C. 156, § 18. CRS 53: § 132-2-6. C.R.S. 1963: § 132-2-6.
24-21-107. Publications.
(1) Repealed.
(2) Publications by the secretary of state circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. Any fee collected pursuant to this subsection (2) shall be deposited in the department of state cash fund created in section 24-21-104 (3).
Source: L. 68: p. 94, § 36. C.R.S. 1963: § 132-2-7. L. 83: Entire section amended, pp. 834, 862, §§ 39, 2, effective July 1. L. 96: (1) repealed, p. 1263, § 173, effective August 7.
24-21-108. Hearings. The secretary of state, when authorized by law to conduct a hearing, shall conduct such hearing in conformance with the provisions of section 24-4-105; except that hearings related to petitions or certificates of designation or nomination filed under section 1-4-901, C.R.S., shall not be required to be conducted under the provisions of section 24-4-105.
Source: L. 76: Entire section added, p. 595, § 4, effective July 1. L. 80: Entire section amended, p. 410, § 15, effective January 1, 1981.
24-21-109. Documents in court proceedings - designation of person to attend court proceedings. Subject to provisions of section 13-25-115, C.R.S., documents from the office of secretary of state used in court proceedings shall be acknowledged, exemplified, verified, or attested to in a manner which shall make unnecessary the personal appearance of the secretary of state in a court proceeding to acknowledge, exemplify, verify, or attest to the validity of such documents. The secretary of state may designate a person to attend court proceedings if the secretary of state is subpoenaed for the purpose of acknowledging, exemplifying, verifying, or attesting to the validity of documents furnished by that office. The revenues derived from fees as established in section 24-21-104 (1) shall be deposited in the department of state cash fund created in section 24-21-104 (3).
Source: L. 76: Entire section added, p. 595, § 4, effective July 1. L. 83: Entire section amended, p. 862, § 3, effective July 1. L. 93: Entire section amended, p. 864, § 38, effective July 1, 1994. L. 2002: Entire section amended, p. 1860, § 160, effective July 1; entire section amended, p. 1724, § 159, effective October 1.
24-21-110. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of state or any authorized agent of such department shall require the applicant's name, address, and social security number.
(2) The department of state or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of state, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of state or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department of state shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of state and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.
(b) The appropriate rule-making body of the department of state is authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any recognition, authority, or permission that the department of state or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. License may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1278, § 20, effective July 1.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
24-21-111. Electronic filing - authority - electronic access - passwords - rules. (1) (a) Notwithstanding any provision of law to the contrary, the secretary of state may require any filing to be made by electronic means as determined by the secretary of state.
(b) In order to ensure the security of the secretary of state's online business filing system, the secretary shall implement, under such conditions as the secretary may determine, a password-protected system for and take appropriate actions to address fraudulent activities against altering data in any filings, updates, or other filing requirements under title 7, C.R.S., while still allowing for access to and retrieval of publicly available records, including a certificate of good standing, without a password.
(2) Where a document is stored by the secretary of state or the department of state and available to the public by electronic means, the secretary of state, to the extent it is reasonable and feasible, may designate electronic access as the sole means of access to the document.
(3) The secretary of state may use a phase-in period or any other method to mitigate hardship caused by mandatory electronic services that are required pursuant to subsections (1) and (2) of this section. The secretary of state may provide exceptions from such mandatory electronic services where hardship or other good cause is shown. If the secretary of state requires any filing to be made by electronic means or designates electronic access as the sole means of access to a document, the secretary of state shall assure that such filing may be made or such access attained by means that do not require use by the public of customized or specially designed electronic hardware or software.
(4) As used in this section, unless the context otherwise requires:
(a) Document means a document, record, or other information.
(b) Filing means a document required or permitted by law to be filed with the department of state or the secretary of state or a document required or permitted by law to be delivered to the department or the secretary of state and filed by the department or the secretary of state.
Source: L. 2004: Entire section added, p. 1174, § 1, effective May 27. L. 2011: (1) amended, (HB 11-1095), ch. 220, p. 952, § 1, effective May 27.
24-21-111.5. Electronic filing system - improvements - integration with other systems. (1) At the earliest practicable date, the secretary of state shall develop and implement enhancements to the online business filing information systems. The enhancements must include at least the following:
(a) Enhancements to user accounts that:
(I) Allow for the association of multiple business records in one account;
(II) Allow a user to file multiple documents at one time;
(III) Create a system that allows a user to pay for multiple filings at one time; and
(IV) Create, at the secretary's discretion, the ability for a user to store payment information, view the user's balance, view the user's transaction history, and add money to the user's account;
(b) Enhancements for registered agents and to record management systems that allow a registered agent to quickly identify the business entities and charitable organizations for which the registered agent is listed and to determine when reports are due;
(c) Enhancements for external certifications that allow users to obtain certified documents, certificates of fact, and any other similar authentications that the secretary deems necessary;
(d) Enhancements that allow for the online filing of documents that would guide the user through the filing process;
(e) Enhancements that allow for the integration of any documents filed pursuant to title 7, C.R.S., with any documents filed pursuant to article 16 of title 6, C.R.S., as well as any changes the secretary deems necessary to implement such integration, including changes involving the filing of registration statements, amendments, and renewals, and changes to the search function; and
(f) Enhancements that allow users greater search functionality, provide more useful and specific search results, and allow for greater usability.
Source: L. 2012: Entire section added, (SB 12-123), ch. 171, p. 610, § 1, effective May 11.
24-21-112. Electronic verification program - notice - definitions. (1) As used in this section:
(a) Electronic verification program or e-verify program means the electronic employment verification program that is authorized in 8 U.S.C. sec. 1324a and jointly administered by the United States department of homeland security and the social security administration, or its successor program.
(b) Employer means a person transacting business in Colorado who, at any time, employs another person to perform services of any nature and who has control of the payment of wages for such services or is the officer, agent, or employee of the person having control of the payment of wages.
(2) The secretary of state, in consultation with the department of labor and employment, shall post on the secretary of state's website information pertaining to the prohibition against hiring or continuing to employ an unauthorized alien, as defined in 8 U.S.C. sec. 1324a (h)(3), and the availability of and the requirements for participation in the electronic verification program as a means for employers to verify the work eligibility status of new employees. The website posting required by this subsection (2) shall appear in the same format as required by section 8-2-124 (2)(a), C.R.S., and shall appear in a conspicuous location on the secretary of state's website. The secretary of state's website shall also provide a link to the e-verify website available through the internet portal for the United States citizenship and immigration services, or its successor agency.
Source: L. 2008: Entire section added, p. 896, § 2, effective August 5.
24-21-113. Secretary of state business software licensing - business computer systems maintenance and enhancement cash fund. (1) The secretary of state may charge fees for the licensing or sale of business and licensing software developed by the department of state.
(2) The secretary of state shall transmit all fees collected pursuant to subsection (1) of this section to the state treasurer, who shall credit them to the business computer systems maintenance and enhancement cash fund, which fund is hereby created. The secretary of state shall use the moneys credited to the fund only for the maintenance or enhancement of the department of state's business computer systems. Moneys transferred to the fund shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys credited to the fund are available for appropriation by the general assembly to the department of state in the general appropriation bill.
Source: L. 2012: Entire section added, (SB 12-123), ch. 171, p. 614, § 8, effective May 11.
24-21-114. Secretary of state collection of business information. Beginning thirty days after January 1, 2014, the secretary of state shall request that each individual who files documents with the secretary of state pursuant to part 3 of article 90 of title 7, C.R.S., submit information to the secretary of state upon initial registration of a business and when updating a business registration. The secretary of state shall request that each reporting entity, as that term is defined in section 7-90-102 (58), C.R.S., to which the filing relates, submit the following information about the reporting entity: Gender; race, including whether the person is Latino, African American, Asian, Anglo, Native American, or other; veteran status; whether the reporting entity is a person with a disability; and the national American industry classification system code or its successor code of the reporting entity's business, if applicable. The individual is not required to submit the information. The secretary of state shall make the information available to the public on the secretary of state's website in a searchable manner by the information submitted.
Source: L. 2013: Entire section added, (HB 13-1167), ch.160, p. 516, § 1, effective January 1, 2014.
24-21-115. Durable medical equipment supplier license - definition - rules. (1) As used in this section:
(a) Durable medical equipment supplier means a person or entity that:
(I) Currently bills or plans to bill the medicare program for services or products listed in the centers for medicare and medicaid durable medical equipment, prosthetics, orthotics, and supplies competitive bid product categories in this state in the current calendar year; or
(II) Intends to bid for services or products listed in the centers for medicare and medicaid durable medical equipment, prosthetics, orthotics, and supplies competitive bid product categories in this state in the current calendar year.
(b) Durable medical equipment supplier does not include:
(I) A person or entity that supplies or provides insulin infusion pumps and related supplies or services;
(II) A person or entity that supplies or provides products that are part of medicare's national mail order program;
(III) A pharmacy located in Colorado that has a current pharmacy accreditation exemption that is accepted and recognized by the national supplier clearinghouse that enables the pharmacy to be enrolled in Medicare to supply durable medical equipment without having the accreditation;
(IV) A practitioner identified in 42 U.S.C. sec. 1395u (18)(C) or a physician, if the practitioner or the physician is supplying or providing durable medical equipment to his or her own patients as part of the practitioner's or physician's own services; or
(V) A person or entity that supplies or provides devices directly to a practitioner identified in 42 U.S.C. sec. 1395u (18)(C) or a physician that require a prescription for dispensing to the patient as part of his or her own services, whether mailed to the practitioner or physician for fitting or directly mailed to the patient.
(2) (a) In order to do business in Colorado, a durable medical equipment supplier must be licensed by the secretary of state.
(b) A durable medical equipment supplier license is not required as a condition of enrollment as a provider in the medical assistance program described in title 25.5, C.R.S.
(3) An applicant for a durable medical equipment supplier license must:
(a) Complete the license application as directed by the secretary of state;
(b) Submit to the secretary of state a notarized affidavit attesting that:
(I) The applicant has at least one accredited physical facility that is staffed during reasonable business hours and is within one hundred miles of any Colorado resident medicare beneficiary being served by the applicant.
(II) The applicant has sufficient inventory and staff to service or repair products; and
(III) The applicant is accredited by an accrediting organization recognized and accepted by the federal centers for medicare and medicaid services;
(c) Provide to the secretary of state a street address and a local business telephone number; and
(d) Pay an annual fee established by the secretary of state, not to exceed five hundred dollars.
(4) The durable medical equipment supplier licensee shall prominently display the license at each of its physical business locations. The license may be duplicated for this purpose.
(5) The secretary of state shall refer all complaints concerning durable medical equipment suppliers, durable medical equipment, or services to the federal centers for medicare and medicaid.
(6) The secretary of state shall implement this section on or before December 31, 2014. The secretary of state may promulgate rules to implement this section.
Source: L. 2014: Entire section added, (HB 14-1369), ch. 256, p. 1019, § 2, effective May 22. L. 2015: (1), (2), and (3)(b)(I) amended, (HB 15-1211), ch. 48, p. 117, § 1, effective March 26.
Cross references: For the legislative declaration in HB 14-1369, see section 1 of chapter 256, Session Laws of Colorado 2014.
24-21-116. Business intelligence center program - creation - public data - contests - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:
(I) Public data is a valuable resource that can assist businesses with strategic planning and decision-making;
(II) State agencies collect volumes of public business and economic data, but this data is often held in legacy systems or difficult-to-use formats and made available on disparate websites;
(III) The data would be more easily accessible if it was made available on a single, publicly available platform, such as the Colorado information marketplace;
(IV) The data is more valuable if it is machine-readable and formatted in a manner that allows for reference across data sets;
(V) The private sector can be an important partner in creating tools that analyze the data for greater insight;
(VI) The department of state, which has expertise with a digital business registry and other public data, has received appropriations in the annual general appropriations act and successfully operated a business intelligence center as a pilot project; and
(VII) The continuation of the business intelligence center program will provide businesses with greater access to public data, which will foster a better business environment in the state.
(b) Now, therefore, it is the intent of the general assembly to create a business intelligence center program in state law to streamline access to public data and provide resources to make the data more useful.
(2) As used in this section:
(a) Advisory board means the business intelligence center advisory board created in paragraph (a) of subsection (4) of this section.
(b) Department means the department of state.
(c) Program means the business intelligence center program created in subsection (3) of this section.
(d) Public data means data collected by a state agency or local government that is not required by law to be confidential.
(e) State agency means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive branch of state government.
(3) The business intelligence center program is created within the department of state. The purpose of the program is to streamline access to public data and to provide resources to make the data more useful. In operating the program, the department may:
(a) Assist state agencies in formatting and publishing data to a publicly available platform in a machine-readable format;
(b) Provide resources to facilitate the more effective use of public data;
(c) Solicit feedback from the business community to identify the types of public data and research tools that would be helpful;
(d) Conduct public contests to develop application software or other tools to help businesses effectively use public data, which contests may include cash awards and other incentives; and
(e) Assist local governments in publishing public data.
(4) (a) The business intelligence center advisory board is created in the department to assist the department in the operation of the program.
(b) The advisory board consists of:
(I) The secretary of state or his or her designee;
(II) A representative from the governor's office;
(III) A representative from the Colorado office of economic development created in section 24-48.5-101;
(IV) A representative from the office of information technology created in section 24-37.5-103;
(V) A representative from the statewide internet portal authority created in section 24-37.7-102; and
(VI) Up to six additional representatives whom the secretary of state appoints from state or local government, the private sector, or the nonprofit community. The secretary of state or his or her designee may also invite additional representatives to attend board meetings and participate as non-voting members.
(c) The secretary of state or his or her designee shall chair the board. The board shall meet at the chairperson's discretion. Members of the advisory board serve without compensation and without reimbursement for expenses.
(d) This subsection (4) is repealed, effective September 1, 2026. Prior to such repeal, the department of regulatory agencies shall review the advisory board as provided in section 2-3-1203, C.R.S.
(5) The department may contract with public or private entities to operate any part of the program.
(6) A public contest conducted by the department in accordance with subsection (3)(d) of this section is not subject to the Procurement Code, articles 101 to 112 of this title 24.
(7) A state agency is not required to provide any public data to the department under the program. A state agency's participation in the program is voluntary. If a state agency accepts the department's assistance, the state agency controls the scope, timeline, and format of the publication of the public data.
(8) The secretary of state may seek, accept, and expend gifts, grants, or donations from private or public sources for direct and indirect program costs. Any state money received in accordance with this subsection (8) is deposited into the department of state cash fund created in section 24-21-104 (3) and continuously appropriated to the department for direct and indirect program costs.
Source: L. 2016: Entire section added, (HB 16-1014), ch. 318, p. 1282, § 2, effective August 10. L. 2017: (2)(c) and (6) amended, (SB 17-294), ch. 264, p. 1401, § 68, effective May 25.
24-21-117. Encryption and data integrity techniques - research and development. In conjunction with the efforts of the office of information technology regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the department of state, in conjunction with upgrades to the department of state's business suite, shall consider research, development, and implementation for appropriate encryption and data integrity techniques, including distributed ledger technologies such as blockchains. After accepting business licensing records, the department of state shall consider ensuring the integrity of those transactions by secure methods, including distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security. When distributing department of state data to other departments and agencies, the department of state shall consider using distributed ledger technologies, including blockchains, as a means of protecting data across jurisdictions.
Source: L. 2018: Entire section added, (SB 18-086), ch. 319, p. 1916, § 2, effective May 30.
PART 2
ADDRESS CONFIDENTIALITY FOR VICTIMS OF
DOMESTIC VIOLENCE, A SEXUAL OFFENSE, OR STALKING
24-21-201 to 24-21-214. (Repealed)
Source: L. 2011: Entire part repealed, (HB 11-1080), ch. 256, p. 1108, § 1, effective June 2.
Editor's note: This part 2 was added in 2007. For amendments to this part 2 prior to its repeal in 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 2 was relocated to part 21 of article 30 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in said part 21.
PART 3
REDACTION OF TAX IDENTIFICATION NUMBERS
Editor's note: Section 3 of chapter 336, Session Laws of Colorado 2009, provides that the act adding this part 3 applies to any secured transaction record in the possession of the secretary of state before, on, or after June 1, 2009.
24-21-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Redact means to obscure information contained in a copy of a secured transaction record.
(2) Secured transaction record means a record that has been filed in the office of the secretary of state pursuant to part 5 of article 9 or article 9.5 or 9.7 of title 4, C.R.S.
(3) Tax identification number means a grouping of numerical digits in a secured transaction record that the secretary of state deems likely to be the social security number or individual taxpayer identification number of an individual identified in such secured transaction record.
Source: L. 2009: Entire part added, (SB 09-283), ch. 336, p. 1778, § 1, effective June 1.
24-21-302. Redaction of tax identification number from secured transaction records - liability - rules. (1) The secretary of state may redact any tax identification number contained in a secured transaction record and, for this purpose, may use commercially available or other redaction software or other methods determined by the secretary of state to be cost effective.
(2) Subject to the provisions of section 4-9-522, C.R.S., the secretary of state shall retain the unredacted original of a secured transaction record that contains a tax identification number. Notwithstanding any provision of part 2 of article 72 of this title or any other provision of law, the secretary of state shall not be required to open any such unredacted original to public inspection; except that a complete copy of the unredacted original of such secured transaction record shall be furnished upon application to the secretary of state for a certified copy of that specific secured transaction record.
(3) (a) Any person who believes that the secretary of state has redacted information in a copy of a specific secured transaction record other than the social security number or individual taxpayer identification number of an individual identified in such secured transaction record may apply to the secretary of state for the restoration of such redacted information.
(b) If, upon application pursuant to paragraph (a) of this subsection (3), the secretary of state determines that such redacted information is not the social security number or individual taxpayer identification number of an individual identified in such secured transaction record, the secretary of state shall restore such redacted information so that the information is perceivable, accessible, and open to public inspection.
(c) Nothing in this section shall preclude the restoration of redacted information that the secretary of state determines should not have been redacted.
(4) The secretary of state shall not be liable for redacting or failing to redact a tax identification number pursuant to this section.
(5) The secretary of state may promulgate rules in accordance with article 4 of this title to administer the provisions of this section, including any rules necessary to establish procedures for requesting the redaction of a tax identification number or the restoration of redacted information that is not the social security number or individual taxpayer identification number of an individual identified in such secured transaction record.
Source: L. 2009: Entire part added, (SB 09-283), ch. 336, p. 1778, § 1, effective June 1.
PART 4
ELECTRONIC RECORDING TECHNOLOGY BOARD
24-21-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Board means the electronic recording technology board created in section 24-21-402 (1).
(2) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) Electronic filing system means the document management system used by a clerk and recorder to comply with the statutory requirements set forth in part 4 of article 10 of title 30, C.R.S., for:
(a) Electronic documents received for recording or filing in the clerk and recorder's office; and
(b) Paper documents received for recording or filing in the clerk and recorder's office that are converted from paper, microfilm, or microfiche into an electronic format.
(4) Fund means the electronic recording technology fund created in section 24-21-404 (1).
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, § 3, effective June 10.
24-21-402. Electronic recording technology board - creation - enterprise status. (1) (a) The electronic recording technology board is created in the department of state. The board is a type 1 entity, as defined in section 24-1-105. The board consists of the secretary of state, or the secretary of state's designee, and eight other members appointed as follows:
(I) One member from the real estate section of the Colorado bar association appointed by the governor;
(II) One member from the title industry appointed by the governor;
(III) One member from the mortgage lending industry appointed by the secretary of state;
(IV) Three members who are clerk and recorders from a first or second class county as designated in section 30-1-101, C.R.S., with one appointed by the speaker of the house of representatives and the other two appointed by the secretary of state; and
(V) Two members who are clerk and recorders from a third, fourth, or fifth class county as designated in section 30-1-101, C.R.S., with one appointed by the president of the senate and the other appointed by the secretary of state.
(b) All of the board members other than the secretary of state, or the secretary's designee, serve two-year terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year.
(c) Board members serve without compensation; except that board members are entitled to reimbursement from the fund for actual and necessary expenses incurred in the performance of their duties. A vacancy on the board is filled in the same manner as the original appointment was made. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
(2) The board constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds under section 24-21-405 and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. The business purpose of the board is to develop and modernize electronic filing systems throughout the state. So long as it constitutes an enterprise under this section, the board is not subject to any provisions of section 20 of article X of the state constitution.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, § 3, effective June 10. L. 2022: (1)(b) amended, (SB 22-013), ch. 2, p. 46, § 57, effective February 25; IP(1)(a) amended, (SB 22-162), ch. 469, p. 3352, § 6, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-21-403. Core goals - powers and duties - rules. (1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to:
(a) Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder;
(b) Maintain the privacy of personal identifying information, online public access to which is not necessary to the proper functioning of land title records or other public records required to be maintained by a clerk and recorder;
(c) Assure that the sequence in which documents are received by a clerk and recorder for recording or filing is accurately reflected, to the greatest extent practicable, in the records of the clerk and recorder, regardless of whether documents are received electronically or by other means;
(d) Provide for online public access to public records maintained by a clerk and recorder; and
(e) Assure that electronic filing systems used in different counties are similar so as to facilitate the submission and searching of electronic records.
(2) In order to accomplish its business purpose, the board may impose an electronic filing surcharge of up to two dollars that is uniformly collected on all documents received by a county clerk and recorder for recording or filing on or after January 1, 2017, through April 30, 2029.
(3) The board shall:
(a) Develop a strategic plan that incorporates the core goals;
(b) Determine functionality standards for an electronic filing system that support the core goals;
(c) Issue a request for proposal for electronic filing system equipment and software that the counties may choose to acquire;
(d) Develop best practices for an electronic filing system;
(e) Provide training to clerk and recorders related to electronic filing systems;
(f) Award grants in accordance with section 24-21-404; and
(g) Prepare reports in accordance with section 24-21-406.
(4) The board may:
(a) Issue bonds in accordance with section 24-21-405; and
(b) Promulgate any rules necessary to administer the provisions of this part 4.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1479, § 3, effective June 10. L. 2021: (2) amended, (HB 21-1225), ch. 289, p. 1710, § 2, effective September 7. L. 2024: (2) amended, (HB 24-1269), ch. 394, p. 2719, § 9, effective July 1, 2025.
24-21-404. Electronic recording technology fund - electronic filing - grants. (1) (a) The electronic recording technology fund is created in the state treasury and consists of money credited thereto in accordance with section 30-10-421 (3)(a), C.R.S. The money in the fund is continuously appropriated to the board to award grants under subsection (2) of this section and for any other purpose authorized by this part 4, including any direct and indirect administrative expenses.
(b) The money in the fund shall not be deposited in or transferred to the general fund or any other fund. All interest and income derived from the investment and deposit of money in the fund are credited to the fund. Any unexpended and unencumbered money in the fund at the end of a fiscal year shall remain in the fund and not be credited or transferred to the general fund or another fund.
(2) (a) The board shall use money in the fund to award grants to counties to:
(I) Establish, maintain, improve, or replace their electronic filing systems; and
(II) Improve the security of a county's general information technology systems, if the improvement is necessary to improve the security of the county's electronic filing system.
(b) (I) The board shall award grants, whenever possible, in a manner that is designed to achieve the core goals specified in section 24-21-403 (1) over a reasonable period. In making grants to maintain existing electronic filing systems, the board shall give priority to rural counties and to counties that do not have sufficient revenue from the surcharge proceeds retained in accordance with section 30-10-421 (3)(b) to maintain their electronic filing systems. The board shall develop a grant application process and award grants based on a scoring system that incorporates the core goals.
(II) The board may approve a grant application to establish, maintain, improve, or replace an electronic filing system notwithstanding that a portion of the grant will be used to enable the system to receive, store, manage, and provide online access to public documents that are maintained by the county clerk and recorder but that are not related to real property.
(3) A county that receives a grant from the board shall cooperate with the board in its preparation of the report required by section 24-21-406 (1).
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1480, § 3, effective June 10. L. 2021: (2) amended, (HB 21-1225), ch. 289, p. 1711, § 3, effective September 7.
24-21-405. Authority to issue bonds. The board may, by resolution, authorize and issue revenue bonds that are payable only from the money in the fund. Bonds may be issued only after approval by both houses of the general assembly acting either by bill or joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, § 3, effective June 10.
24-21-406. Reporting - annual - five-year report. (1) Notwithstanding section 24-1-136 (11), on or before September 1, 2017, and each September 1 thereafter until September 1, 2028, the board shall prepare a report that, for each grant made during the prior fiscal year, describes the:
(a) County that received the grant;
(b) Grant amount;
(c) Purpose of the grant; and
(d) Grant outcomes.
(2) The board shall follow-up with a county that receives a grant as necessary for the department of state to complete the report. The department shall publish a copy of the report on the department's website.
(3) On or before January 1, 2021, and before January 1, 2029, the board shall report to the general assembly about the overall success of the grant program established by this part 4.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, § 3, effective June 10. L. 2021: IP(1) and (3) amended, (HB 21-1225), ch. 289, p. 1711, § 4, effective September 7. L. 2024: IP(1) and (3) amended, (HB 24-1269), ch. 394, p. 2719, § 10, effective July 1, 2025.
24-21-407. Repeal of part. Notwithstanding section 2-3-1203 (1)(a), this part 4 is repealed, effective September 1, 2029. Prior to such repeal, the board shall be reviewed as provided in section 2-3-1203.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, § 3, effective June 10. L. 2021: Entire section amended, (HB 21-1225), ch. 289, p. 1711, § 5, effective September 7. L. 2024: Entire section amended, (HB 24-1269), ch. 394, p. 2719, § 11, effective July 1, 2025.
PART 5
REVISED UNIFORM LAW ON NOTARIAL ACTS
Editor's note: The effective date of this part 5 in Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by Senate Bill 17-294. (See L. 2017, p. 1418.)
Law reviews: For article, Colorado's New Uniform Electronic Wills Act, see 51 Colo. Law. 46 (Feb. 2022).
24-21-501. Short title. The short title of this part 5 is the Revised Uniform Law on Notarial Acts.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, § 2, effective July 1, 2018.
24-21-502. Definitions. In this part 5:
(1) Acknowledgment means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(1.3) Audio-video communication means communication by which an individual is able to see, hear, and communicate with a remotely located individual in real time using electronic means.
(1.7) Credential means a tangible record evidencing the identity of an individual.
(2) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) Electronic record means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means.
(4) Electronic signature means an electronic symbol, sound, or process attached to or logically associated with an electronic record and executed or adopted by an individual with the intent to sign the electronic record.
(5) In a representative capacity means acting as:
(a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
(c) An agent or attorney-in-fact for a principal; or
(d) An authorized representative of another in any other capacity.
(5.5) Interpreter means an individual who provides interpreter services when a notarial officer and an individual executing a record do not communicate in the same language.
(6) Notarial act means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a deposition or other sworn testimony, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying a copy, and noting a protest of a negotiable instrument.
(7) Notarial officer means a notary public or other individual authorized to perform a notarial act.
(8) Notary public means an individual commissioned to perform a notarial act by the secretary of state.
(9) Official stamp means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record.
(10) Person means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10.5) Real-time or in real time means, with respect to an interaction between individuals by means of audio-video communication, that the individuals can see and hear each other substantially simultaneously and without interruption or disconnection. Delays of a few seconds that are inherent in the method of communication do not prevent the interaction from being considered to have occurred in real time.
(11) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11.3) Remotely located individual means an individual who is not in the physical presence of the notary public who performs a notarial act under this section.
(11.5) Remote notarization means an electronic notarial act performed with respect only to an electronic record by means of real-time audio-video communication in accordance with section 24-21-514.5 and rules adopted by the secretary of state.
(11.7) Remote notarization system means an electronic device or process that:
(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(b) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(12) Sign means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(13) Signature means a tangible symbol or an electronic signature that evidences the signing of a record.
(14) Stamping device means:
(a) A physical device capable of affixing to a tangible record an official stamp; or
(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(15) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(15.5) Tamper-evident means the use of a set of applications, programs, hardware, software, or other technologies that will display evidence of any changes made to an electronic record.
(16) Verification on oath or affirmation means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, § 2, effective July 1, 2018. L. 2020: (1.3), (1.7), (10.5), (11.3), (11.5), (11.7), and (15.5) added, (SB 20-096), ch. 130, p. 558, § 2, effective December 31. L. 2023: (5.5) added, (SB 23-153), ch. 212, p. 1098, § 1, effective September 1.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-503. Applicability. This part 5 applies to a notarial act performed on or after July 1, 2018.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018.
24-21-504. Authority to perform notarial act. (1) A notarial officer may perform a notarial act authorized by this part 5 or by law of this state other than this part 5.
(2) A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer has a disqualifying interest in a record if:
(a) The officer or the officer's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
(b) The officer or the officer's spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5.
(3) A notarial act performed in violation of this section is voidable.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018.
24-21-505. Requirements for certain notarial acts. (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(4) (a) A notarial officer who certifies a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.
(b) A notarial officer shall not certify a copy of a record that can be obtained from any of the following offices in this state:
(I) A clerk and recorder of public documents;
(II) The secretary of state;
(III) The state archives; or
(IV) An office of vital records.
(c) A notarial officer shall not certify a copy of a record if the record states on its face that it is illegal to copy the record.
(5) (a) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 4-3-505 (b) of the Uniform Commercial Code.
(b) A notary public shall not make or note a protest of a negotiable instrument unless the notary is an employee of a financial institution acting in the course and scope of the notary's employment with the financial institution.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018.
24-21-506. Personal appearance required - definition. (1) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
(2) As used in this section, appear personally means:
(a) Being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
(b) Interacting with a remotely located individual by means of real-time audio-video communication in compliance with section 24-21-514.5 and rules adopted by the secretary of state.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 790, § 2, effective July 1, 2018. L. 2020: Entire section amended, (SB 20-096), ch. 130, p. 559, § 3, effective December 31.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-507. Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(a) By means of:
(I) A passport, driver's license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act; or
(II) Another form of government identification issued to the individual that is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act.
(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 790, § 2, effective July 1, 2018.
24-21-508. Authority to refuse to perform notarial act. (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(a) The individual executing the record is competent or has the capacity to execute the record; or
(b) The individual's signature is knowingly and voluntarily made.
(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this part 5.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 791, § 2, effective July 1, 2018.
24-21-509. Signature if individual unable to sign. (1) If an individual is physically unable to sign a record, the individual may, in the presence of the notarial officer, direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert Signature affixed by (name of other individual) at the direction of (name of individual) or words of similar import under or near the signature.
(2) A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of the notary public when it appears that the individual is unable to communicate verbally or in writing.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 791, § 2, effective July 1, 2018.
24-21-510. Notarial act in this state. (1) A notarial act may be performed in this state by:
(a) A notary public of this state;
(b) A judge, clerk, or deputy clerk of a court of this state; or
(c) Any other individual authorized to perform the specific act by the law of this state.
(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 792, § 2, effective July 1, 2018.
24-21-511. Notarial act in another state. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by:
(a) A notary public of that state;
(b) A judge, clerk, or deputy clerk of a court of that state; or
(c) Any other individual authorized by the law of that state to perform the notarial act.
(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 792, § 2, effective July 1, 2018.
24-21-512. Notarial act under authority of federally recognized Indian tribe. (1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the tribe is performed by:
(a) A notary public of the tribe;
(b) A judge, clerk, or deputy clerk of a court of the tribe; or
(c) Any other individual authorized by the law of the tribe to perform the notarial act.
(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 792, § 2, effective July 1, 2018.
24-21-513. Notarial act under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed under federal law is performed by:
(a) A judge, clerk, or deputy clerk of a court;
(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(c) An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
(d) Any other individual authorized by federal law to perform the notarial act.
(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of an officer described in subsection (1)(a), (1)(b), or (1)(c) of this section conclusively establish the authority of the officer to perform the notarial act.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 793, § 2, effective July 1, 2018.
24-21-514. Foreign notarial act. (1) In this section, foreign state means a government other than the United States, a state, or a federally recognized Indian tribe.
(2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 793, § 2, effective July 1, 2018.
24-21-514.5. Audio-video communication - definitions. (1) As used in this section:
(a) Credential analysis means a process or service that complies with any rules adopted by the secretary of state through which a third party affirms the validity of a government-issued identification credential through the review of public or proprietary data sources.
(b) Dynamic, knowledge-based authentication assessment means an identity assessment that is based on a set of questions formulated from public or private data sources for which the remotely located individual taking the assessment has not previously provided an answer and that meets any rules adopted by the secretary of state.
(c) Outside the United States means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(d) Public key certificate means an electronic credential that is used to identify a remotely located individual who signed an electronic record with the credential.
(e) Remote presentation means transmission to the notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notary public to:
(I) Identify the remotely located individual seeking the notary public's services; and
(II) Perform credential analysis.
(2) (a) Except as provided in subsection (2)(b) of this section, a notary public may perform a remote notarization only with respect to an electronic record and in compliance with this section and any rules adopted by the secretary of state for a remotely located individual who is located:
(I) In this state;
(II) Outside of this state but within the United States; or
(III) Outside the United States if:
(A) The notary public has no actual knowledge that the notarial act is prohibited in the jurisdiction in which the remotely located individual is physically located at the time of the act; and
(B) The remotely located individual confirms to the notary public that the requested notarial act and the record relate to: A matter that will be filed with or is currently before a court, governmental entity, or other entity in the United States; property located in the United States; or a transaction substantially connected to the United States.
(b) A notary public shall not use a remote notarization system to notarize:
(I) A record relating to the electoral process; or
(II) Except as provided in the Colorado Uniform Electronic Wills Act, part 13 of article 11 of title 15, a will, codicil, document purporting to be a will or codicil, or any acknowledgment required under section 15-11-502 or 15-11-504.
(3) Before a notary public performs the notary public's initial notarization using a remote notarization system, the notary public shall notify the secretary of state that the notary public will be performing remote notarizations and shall identify each remote notarization system that the notary public intends to use. The remote notarization system must conform to this part 5 and any rules adopted by the secretary of state. The notice must be submitted in the format required by the secretary of state and must:
(a) Include an affirmation that the notary public has read and will comply with this section and all rules adopted by the secretary of state; and
(b) Be accompanied by proof that the notary public has successfully completed any training and examination required by the secretary of state.
(4) A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must:
(a) Be located within this state at the time the notarial act is performed;
(b) Execute the notarial act in a single, real-time session;
(c) Confirm that any record that is signed, acknowledged, or otherwise presented for notarization by the remotely located individual is the same record signed by the notary public;
(d) Confirm that the quality of the audio-video communication is sufficient to make the determinations required for the notarial act under this part 5 and any other law of this state; and
(e) Identify the venue for the notarial act as the jurisdiction within the state of Colorado where the notary public is physically located while performing the act.
(5) A remote notarization system used to perform remote notarizations must:
(a) Require the notary public, the remotely located individual, and any required witness to access the system through an authentication procedure that complies with rules adopted by the secretary of state regarding security and access;
(b) Enable the notary public to verify the identity of the remotely located individual and any required witness by means of personal knowledge or satisfactory evidence of identity in compliance with subsection (6) of this section; and
(c) Confirm that the notary public, the remotely located individual, and any required witness are viewing the same record and that all signatures, changes, and attachments to the record are made in real time.
(6) (a) A notary public shall determine from personal knowledge or satisfactory evidence of identity as described in subsection (6)(b) of this section that the remotely located individual appearing before the notary public by means of audio-video communication is the individual that he or she purports to be.
(b) A notary public has satisfactory evidence of identity if the notary public can identify the remotely located individual who personally appears before the notary public by means of audio-video communication by using at least one of the following methods:
(I) The oath or affirmation of a credible witness who personally knows the remotely located individual, is personally known to the notary public, and is in the physical presence of the notary public or the remotely located individual during the remote notarization;
(II) Remote presentation and credential analysis of a government-issued identification credential, and the data contained on the credential, that contains the signature and a photograph of the remotely located individual, and at least one of the following:
(A) A dynamic, knowledge-based authentication assessment by a trusted third party that complies with rules adopted by the secretary of state;
(B) A valid public key certificate that complies with rules adopted by the secretary of state; or
(C) An identity verification by a trusted third party that complies with rules adopted by the secretary of state; or
(III) Any other method that complies with rules adopted by the secretary of state.
(7) Without limiting the authority of a notary public under section 24-21-508 to refuse to perform a notarial act, a notary public may refuse to perform a notarial act under this section if the notary public is not satisfied that the requirements of this section are met.
(8) The certificate of notarial act for a remote notarization must, in addition to complying with the requirements of section 24-21-515, indicate that the notarial act was performed using audio-video communication technology.
(9) (a) A notary public shall create an audio-video recording of a remote notarization if:
(I) The notary public first discloses to the remotely located individual the fact of the recording and the details of its intended storage, including where and for how long it will be stored;
(II) The remotely located individual explicitly consents to both the recording and the storage of the recording; and
(III) The recording is stored and secured in compliance with rules adopted by the secretary of state.
(b) The audio-video recording required by this subsection (9) must be in addition to the journal entry for the notarial act where required by section 24-21-519. The recording must include the information described in this subsection (9)(b). A notary public shall make a good-faith effort to not include any other information on the recording. Any other information included on the recording is not admissible in any court of law, legal proceeding, or administrative hearing for any purpose, nor is the information admissible in any proceeding in any other court of law, legal proceeding, or administrative hearing if Colorado law applies with respect to remote notarization. The recording must include:
(I) At the commencement of the recording, a recitation by the notary public of information sufficient to identify the notarial act, including the name of the notary public, the date and time of the notarial act, a description of the nature of the document or documents to which the notarial act is to relate, the identity of the remotely located individual whose signature is to be the subject of the notarial act and of any person who will act as a credible witness to identify the individual signer, and the method or methods by which the remotely located individual and any credible witness will be identified to the notary public;
(II) A declaration by the remotely located individual that the individual's signature on the record is knowingly and voluntarily made;
(III) If the remotely located individual for whom the notarial act is being performed is identified by personal knowledge, an explanation by the notary public as to how the notary public knows the remotely located individual and how long the notary public has known the remotely located individual;
(IV) If the remotely located individual for whom the notarial act is being performed is identified by a credible witness:
(A) A statement by the notary public as to how the notary public knows the credible witness and how long the notary public has known the credible witness; and
(B) An explanation by the credible witness as to how the credible witness knows the remotely located individual and how long the credible witness has known the remotely located individual; and
(V) The statements, acts, and conduct necessary to perform the requested notarial act or supervision of signing or witnessing of the subject record.
(c) The provisions of section 24-21-519 that relate to the security, inspection, copying, and retention and disposition of a notary public's journal apply equally to the security, inspection, copying, and retention and disposition of audio-video recordings allowed by this section.
(d) The failure of a notary public to perform a duty or meet a requirement specified in this subsection (9) does not invalidate a remote notarization performed by the notary public. A notary public is not liable to any person for damages claimed to arise from a failure to perform a duty or meet a requirement specified in subsection (9)(b) of this section.
(10) Regardless of the physical location of the remotely located individual at the time of the notarial act, the validity of a remote notarization performed by a notary in this state is governed by the laws of this state, including any rules adopted by the secretary of state pursuant to this part 5.
(11) To be eligible for approval by the secretary of state under section 24-21-527 (1)(h), a provider of a remote notarization system or storage system must:
(a) Certify to the secretary of state that the provider and the system comply with the requirements of this section and the rules adopted under section 24-21-527;
(b) Maintain a usual place of business in this state or, if a foreign entity, appoint and maintain a registered agent, in accordance with section 7-90-701 by filing a statement of foreign entity authority in accordance with section 7-90-803, with authority to accept service of process in connection with a civil action or other proceeding; and
(c) Not use, sell, or offer to sell to another person or transfer to another person for use or sale any personal information obtained under this section that identifies a remotely located individual, a witness to a remote notarization, or a person named in a record presented for remote notarization, except:
(I) As necessary to facilitate performance of a notarial act;
(II) To effect, administer, enforce, service, or process a record provided by or on behalf of the individual or the transaction of which the record is a part;
(III) In accordance with this part 5 and the rules adopted pursuant to this part 5 or other applicable federal, state, or local law, or to comply with a lawful subpoena or court order; or
(IV) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit of the provider, if the personal information concerns only customers of the business or unit and the transferee agrees to comply with the restrictions set forth in this subsection (11).
(12) Subject to applicable law other than this article 21, if a record is privileged pursuant to section 13-90-107 (1)(b), the corresponding electronic record secured and stored by the remote notarization system as provided in this article 21 remains privileged.
Source: L. 2020: Entire section added, (SB 20-096), ch. 130, p. 559, § 4, effective December 31. L. 2021: (2)(b)(II) amended, (HB 21-1004), ch. 3, p. 11, § 2, effective January 21; (2)(b)(II) amended, (SB 21-266), ch. 423, p. 2801, § 17, effective July 2.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-514.7. Interpreters - use in facilitation of notarial acts - limitations. (1) If a notarial officer and an individual for whom a notarial act is to be performed do not communicate in the same language, an interpreter who communicates in a language in common with both the notarial officer and the individual may be used to facilitate the notarial act. A notarial officer may rely on representations made by the interpreter on behalf of the individual for whom the notarial act is performed as factual. Any errors in interpretation are not attributable to the notarial officer, and the notarial officer is not liable in any disputes arising from such errors.
(2) An interpreter shall appear personally, as defined in section 24-21-506 (2), before the notarial officer. An interpreter appearing personally before the notarial officer shall be identified pursuant to section 24-21-507 or, if appearing personally by means of real-time audio-video communication, pursuant to section 24-21-514.5.
(3) (a) An interpreter shall not provide interpreter services when the interpreter has a disqualifying interest in the transaction. For the purposes of this subsection (3), an interpreter has a disqualifying interest in a transaction if:
(I) The interpreter or the interpreter's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
(II) The interpreter or the interpreter's spouse or partner in a civil union may receive directly and as a proximate result of the notarization any advantage, right, title, interest, cash, or property. This subsection (3)(a)(II) does not apply to a reasonable fee received by the interpreter for providing interpreter services.
(b) A notarial act is voidable if interpreter services are provided in violation of this subsection (3) in relation to the notarial act.
(4) (a) If a notarial officer does not communicate in the same language as the individual executing the record with respect to which the notarial officer is performing a notarial act, the notarial officer is not liable in any legal action regarding a dispute that directly results from an error in interpretation.
(b) A party who files an action for damages based on a violation of this part 5 related to a notarial act that a notarial officer performed in accordance with this section has the burden of proof in establishing that the dispute is related to a cause other than the interpretation.
(5) Nothing in this section limits a notarial officer's authority to refuse to perform a notarial act as set forth in section 24-21-508.
(6) In addition to complying with the requirements of section 24-21-515, the certificate of notarial act for a remote notarization that was performed using an interpreter must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter.
Source: L. 2023: Entire section added, (SB 23-153), ch. 212, p. 1098, § 2, effective September 1.
24-21-515. Certificate of notarial act. (1) A notarial act must be evidenced by a certificate. The certificate must:
(a) Be executed contemporaneously with the performance of the notarial act;
(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
(c) Identify the county and state in which the notarial act is performed; and
(d) Contain the title of office of the notarial officer.
(e) Repealed.
(2) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be attached to or logically associated with the certificate.
(3) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of this section and:
(a) Is in a short form set forth in section 24-21-516;
(b) Is in a form otherwise permitted by the law of this state;
(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(d) Sets forth actions of the notarial officer that are sufficient to meet the requirements of the notarial act as provided in sections 24-21-505, 24-21-506, and 24-21-507 and, if applicable, section 24-21-514.5 or law of this state other than this part 5.
(4) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 24-21-504, 24-21-505, and 24-21-506 and, if applicable, section 24-21-514.5.
(5) A notarial officer shall not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
(6) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 24-21-527 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 794, § 2, effective July 1, 2018. L. 2020: (3)(d) and (4) amended, (SB 20-096), ch. 130, p. 565, § 5, effective December 31. L. 2023: (1)(c) and (1)(d) amended and (1)(e) repealed, (SB 23-153), ch. 212, p. 1099, § 3, effective September 1.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-516. Short form certificates. (1) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 24-21-515 (1) and (2):
(a) For an acknowledgment in an individual capacity:
State of
County of
This record was acknowledged before me on (date) by (name(s)
of individual(s))
Signature of notarial officer
Stamp
( (Title of office) )
My commission expires:
(b) For an acknowledgment in a representative capacity:
State of
County of
This record was acknowledged before me on (date) by (name(s)
of individual(s)) as (type of authority, such as officer or trustee) of (name of party on
behalf of whom record was executed).
Signature of notarial officer
Stamp
( (Title of office) )
My commission expires:
(c) For a verification on oath or affirmation:
State of
County of
Signed and sworn to (or affirmed) before me on (date) by
(name(s) of individual(s) making statement)
Signature of notarial officer
Stamp
( (Title of office) )
My commission expires:
(d) For witnessing or attesting a signature:
State of
County of
Signed before me on (date) by (name(s) of individual(s))
Signature of notarial officer
Stamp
( (Title of office) )
My commission expires:
(e) For certifying a copy of a record:
State of
County of
I certify that this is a true and correct copy of a record in the possession of
.
Dated
Signature of notarial officer
Stamp
( (Title of office) )
My commission expires:
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 795, § 2, effective July 1, 2018.
24-21-517. Official stamp. (1) The official stamp of a notary public must:
(a) Be rectangular and contain only the outline of the seal and the following information printed within the outline of the seal:
(I) The notary public's name, as it appears on the notary's certificate of commission;
(II) The notary's identification number;
(III) The notary's commission expiration date;
(IV) The words state of Colorado; and
(V) The words notary public; and
(b) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
(2) A notary public shall not provide, keep, or use a seal embosser.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 797, § 2, effective July 1, 2018.
24-21-518. Stamping device. (1) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
(2) If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify the secretary of state in writing within thirty days after discovering that the device is lost or stolen.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 797, § 2, effective July 1, 2018.
24-21-519. Journal. (1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.
(2) (a) A journal may be created on a tangible medium or in an electronic format. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state.
(b) A notary public who performs a remote notarization shall maintain a journal in an electronic format with regard to each remote notarization.
(3) An entry in a journal must be made contemporaneously with performance of a notarial act and contain the following information:
(a) The date and time of the notarial act;
(b) A description of the record, if any, and type of notarial act;
(c) The full name and address of each individual for whom the notarial act is performed;
(d) The signature or electronic signature of each individual for whom the notarial act is performed;
(e) If identity of the individual is based on personal knowledge, a statement to that effect;
(f) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the type of identification credential presented, if any;
(g) The full name and address of any interpreter who provided interpreter services to facilitate the notarial act;
(h) The certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act; and
(i) The fee, if any, charged by the notary public.
(4) A notary public is responsible for the security of the notary public's journal. A notary public shall keep the journal in a secure area under the exclusive control of the notary, and shall not allow any other notary to use the journal.
(5) Upon written request of any member of the public, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a certified copy of the line item representing the requested transaction. A notary public may charge the fee allowed in section 24-21-529 for each certified copy of a line item, and shall record the transaction in the notary's journal.
(6) The secretary of state may audit or inspect a notary public's journal without restriction. A notary public shall surrender the notary's journal to the secretary of state upon receiving a written request.
(7) A certified peace officer, as defined in section 16-2.5-102, acting in the course of an official investigation may inspect a notary public's journal without restriction.
(8) If a notary public's journal is lost or stolen, the notary public shall notify the secretary of state in writing within thirty days after discovering that the journal is lost or stolen.
(9) On resignation from, or the revocation or expiration of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (1) of this section and inform the secretary of state where the journal is located.
(10) (a) Instead of retaining a journal as provided in subsections (1) and (9) of this section, a current or former notary public may:
(I) Transmit the journal to the state archives established pursuant to part 1 of article 80 of this title 24; or
(II) Leave the journal with the notary's firm or employer in the regular course of business.
(b) If notary public acts pursuant to subsection (10)(a) of this section, the notary public is no longer subject to subsection (5) of this section and shall notify the secretary of state in writing whether the notary has transmitted the journal to the state archives or the firm or employer, including the contact information for the firm or employer if the notary leaves the journal with the notary's firm or employer.
(c) Instead of maintaining a journal as required by subsection (1) of this section, a notary public may maintain the original or a copy, including an electronic record, of a document that contains the information otherwise required to be entered in the notary's journal if the notary's firm or employer retains the original, copy, or electronic record in the regular course of business.
(11) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the state archives established pursuant to part 1 of article 80 of this title 24. The person shall notify the secretary of state in writing when the person transmits the journal to the state archives.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 798, § 2, effective July 1, 2018. L. 2020: (2) amended, (SB 20-096), ch. 130, p. 565, § 6, effective December 31. L. 2023: IP(3), (3)(f), and (3)(g) amended and (3)(h) and (3)(i) added, (SB 23-153), ch. 212, p. 1100, § 4, effective September 1.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-520. Notification regarding performance of notarial act on electronic record - selection of technology. (1) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(2) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 24-21-527, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.
(3) In every instance, the electronic signature of a notary public must contain or be accompanied by the following elements, all of which must be immediately perceptible and reproducible in the electronic record to which the notary's electronic signature is attached: The notary's name, as it appears on the notary's certificate of commission; the notary's identification number; the words notary public and state of Colorado; a document authentication number issued by the secretary of state; and the words my commission expires followed by the expiration date of the notary's commission. A notary's electronic signature must conform to any standards promulgated by the secretary of state.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, § 2, effective July 1, 2018.
24-21-521. Commission as notary public - qualifications - no immunity or benefit. (1) An individual qualified under subsection (3) of this section may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee. In accordance with section 24-21-111 (1), the secretary of state may require, at the secretary of state's discretion, the application required by this section, and any renewal of the application, to be made by electronic means designated by the secretary of state.
(2) In accordance with section 42-1-211, the department of state and the department of revenue shall allow for the exchange of information and data collected by the systems used by the departments to collect information on legal names and signatures of all applicants for driver's licenses or state identification cards.
(3) An applicant for a commission as a notary public must:
(a) Be at least eighteen years of age;
(b) Be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States;
(c) Be a resident of or have a place of employment or practice in this state;
(d) Be able to read and write English;
(e) Not be disqualified to receive a commission under section 24-21-523; and
(f) Have passed the examination required under section 24-21-522 (1).
(4) The secretary of state shall verify the lawful presence in the United States of each applicant by:
(a) Accepting one of the following documents from the applicant:
(I) A United States military card or a military dependent's identification card;
(II) A United States Coast Guard Merchant Mariner card;
(III) A Native American tribal document;
(IV) A valid Colorado driver's license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;
(V) A valid driver's license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal REAL ID Act, as amended;
(VI) A valid United States passport;
(VII) A valid United States permanent resident card; or
(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and
(b) Executing an affidavit stating that the applicant is:
(I) A United States citizen or legal permanent resident; or
(II) Otherwise lawfully present in the United States pursuant to federal law.
(5) Before issuance of a commission as a notary public, an applicant for the commission shall take the following affirmation in the presence of a person qualified to administer an affirmation in this state:
I, (name of applicant) , solemnly affirm, under the penalty of perjury in the second degree, as defined in section 18-8-503, Colorado Revised Statutes, that I have carefully read the notary law of this state, and, if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law.
(Signature of applicant)
Subscribed and affirmed before me this day of , 20 .
(Official signature and seal of person qualified to administer affirmation)
(6) On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless revoked in accordance with section 24-21-523. An applicant who has been denied appointment and commission may appeal the decision in accordance with article 4 of this title 24.
(7) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, § 2, effective July 1, 2018. L. 2021: (4) amended, (SB 21-199), ch. 351, p. 2284, § 10, effective July 1, 2022.
24-21-522. Examination of notary public. (1) An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2) of this section.
(2) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts. The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training program.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 801, § 2, effective July 1, 2018.
24-21-523. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. (1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for:
(a) Failure to comply with this part 5;
(b) A substantial and material misstatement or omission of fact in the application for a commission as a notary public submitted to the secretary of state;
(c) Notwithstanding section 24-5-101, a conviction of the applicant or notary public of any felony or, in the prior five years, a misdemeanor involving dishonesty;
(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;
(e) Failure by the notary public to discharge any duty required of a notary public, whether by this part 5, rules of the secretary of state, or any federal or state law;
(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;
(g) Violation by the notary public of a rule of the secretary of state regarding a notary public;
(h) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state;
(i) A finding by a court of this state that the applicant or notary public has engaged in the unauthorized practice of law;
(j) Failure to comply with any term of suspension or condition imposed on the commission of a notary public under this section; or
(k) Performance of any notarial act while not currently commissioned by the secretary of state.
(2) Whenever the secretary of state or the secretary of state's designee believes that a violation of this part 5 has occurred, the secretary of state or the secretary of state's designee may investigate the violation. The secretary of state or the secretary of state's designee may also investigate possible violations of this part 5 upon a signed complaint from any person. However, this section does not authorize the secretary of state or the secretary of state's designee to investigate a potential violation concerning an action taken by an interpreter during a notarial act.
(3) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with the State Administrative Procedure Act, article 4 of this title 24.
(4) When a complaint or investigation results in a finding of misconduct that, in the secretary of state's discretion, does not warrant initiation of a disciplinary proceeding, the secretary of state may take nondisciplinary action. For the purposes of this subsection (4), nondisciplinary action includes the issuance of a letter of admonition, which may be placed in the notary public's file.
(5) The authority of the secretary of state to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
(6) A person whose notary commission has been revoked pursuant to this part 5 may not apply for or receive a commission and appointment as a notary.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 802, § 2, effective July 1, 2018. L. 2023: (2) amended, (SB 23-153), ch. 212, p. 1100, § 5, effective September 1.
24-21-524. Database of notaries public. (1) The secretary of state shall maintain an electronic database of notaries public:
(a) Through which a person may verify the authority of a notary public to perform notarial acts; and
(b) Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 803, § 2, effective July 1, 2018.
24-21-525. Prohibited acts. (1) A commission as a notary public does not authorize an individual to:
(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
(b) Act as an immigration consultant or an expert on immigration matters;
(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
(d) Receive compensation for performing any of the activities listed in this subsection (1).
(2) A notary public shall not engage in false or deceptive advertising.
(3) A notary public, other than an attorney licensed to practice law in this state, shall not use the term notario or notario publico.
(4) A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general's office or the Colorado supreme court. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection (4) because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(5) A notary public, other than an attorney licensed to practice law in this state, shall not engage in conduct that constitutes a deceptive trade practice pursuant to section 6-1-727.
(6) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
(7) A notary public shall not perform any notarial act with respect to a record that is blank or that contains unfilled blanks in its text.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 803, § 2, effective July 1, 2018.
24-21-526. Validity of notarial acts. Except as otherwise provided in section 24-21-504 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this part 5 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part 5 does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this part 5 or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 804, § 2, effective July 1, 2018.
24-21-527. Rules - definitions. (1) The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:
(a) Prescribe the manner of performing notarial acts regarding tangible and electronic records;
(b) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(c) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(d) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public, including rules for use of the electronic filing system;
(e) Include provisions to prevent fraud or mistake in the performance of notarial acts;
(f) Provide for the administration of the examination under section 24-21-522 (1) and the course of study under section 24-21-522 (2);
(g) Prescribe the manner of performing notarial acts using audio-video communication technology, including provisions to ensure the security, integrity, and accessibility of records relating to those acts; and
(h) Prescribe requirements for the approval and use of remote notarization systems and storage systems.
(2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this part 5:
(a) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(b) Standards, practices, and customs of other jurisdictions that substantially enact this part 5; and
(c) The views of governmental officials and entities and other interested persons.
(3) (a) As used in this subsection (3):
(I) Interim period means the period beginning on March 30, 2020, and ending on December 31, 2020.
(II) Temporary rule means rule 5 of the notary program rules as adopted by the secretary of state effective March 30, 2020, and published at 8 CCR 1505-11, and any analogous successor emergency rule of the notary program that authorizes remote notarizations.
(b) and (c) Repealed.
(d) A notarial act performed during the interim period with respect to a remotely located individual that complied with the temporary rule is not invalid due to the lack of express statutory authority for the notarial act.
(e) and (f) Repealed.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, § 2, effective July 1, 2018. L. 2020: (1)(e) amended and (1)(g), (1)(h), and (3) added, (SB 20-096), ch. 130, p. 565, § 7, effective June 26.
Editor's note: Subsection (3)(f) provided for the repeal of subsections (3)(b), (3)(c), (3)(e), and (3)(f), effective December 31, 2020. (See L. 2020, p. 565.)
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-528. Disposition of fees. (1) The secretary of state shall collect all fees pursuant to this article 21 in the manner required by section 24-21-104 (3) and shall transmit them to the state treasurer, who shall credit them to the department of state cash fund created in section 24-21-104 (3)(b).
(2) The general assembly shall make annual appropriations from the department of state cash fund for expenditures of the secretary of state incurred in the performance of the secretary of state's duties under this part 5.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, § 2, effective July 1, 2018.
24-21-529. Notary's fees. (1) Except as specified in subsection (2) of this section, the fees of a notary public may be, but must not exceed, fifteen dollars for each document attested by a person before a notary, except as otherwise provided by law. The fee for each such document must include all duties and functions required to complete the notarial act in accordance with this part 5.
(2) In lieu of the fee authorized in subsection (1) of this section, a notary public may charge a fee, not to exceed twenty-five dollars, for the notary's electronic signature.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. L. 2023: Entire section amended, (SB 23-153), ch. 212, p. 1100, § 6, effective May 17.
24-21-530. Change of name or address. A notary public shall notify the secretary of state within thirty days after he or she changes his or her name, business address, or residential address. In the case of a name change, the notary public shall include a sample of the notary's handwritten official signature on the notice. Pursuant to section 24-21-104 (3), the secretary of state shall determine the amount of, and collect, the fee, payable to the secretary of state, for recording notice of change of name or address.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018.
24-21-531. Official misconduct by a notary public - liability of notary or surety. (1) A notary public who knowingly and willfully violates the duties imposed by this part 5 commits official misconduct and is guilty of a petty offense.
(2) A notary public and the surety or sureties on his or her bond are liable to the persons involved for all damages proximately caused by the notary's official misconduct.
(3) Nothing in this part 5 shall be construed to deny a notary public the right to obtain a surety bond or insurance on a voluntary basis to provide coverage for liability.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3224, § 406, effective March 1, 2022.
24-21-532. Willful impersonation. A person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts commits a petty offense and shall be punished as specified in section 18-1.3-503.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3224, § 407, effective March 1, 2022.
24-21-533. Wrongful possession of journal or seal. A person who unlawfully possesses and uses a notary's journal, an official seal, a notary's electronic signature, or any papers, copies, or electronic records relating to notarial acts commits a petty offense and shall be punished as specified in section 18-1.3-503.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3224, § 408, effective March 1, 2022.
24-21-534. Certification restrictions. (1) The secretary of state may issue certificates or apostilles attesting to the authenticity of a notarial act performed by a commissioned notary public.
(2) The secretary of state shall not certify a signature of a notary public on:
(a) A record that is not properly notarized in accordance with the requirements of this part 5;
(b) A record:
(I) Regarding allegiance to a government or jurisdiction;
(II) Relating to the relinquishment or renunciation of citizenship, sovereignty, in itinere status or world service authority; or
(III) Setting forth or implying for the bearer a claim of immunity from the law of this state or federal law.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018.
24-21-535. Notary public commission in effect. A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this part 5. A notary public, in performing notarial acts after July 1, 2018, shall comply with this part 5.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
24-21-536. Saving clause. This part 5 does not affect the validity or effect of a notarial act performed before July 1, 2018.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
24-21-537. Uniformity of application and construction. In applying and construing this part 5, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
24-21-538. Relation to Electronic Signatures in Global and National Commerce Act. This part 5 modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b).
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
24-21-539. Effective date. This part 5 takes effect on July 1, 2018.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
24-21-540. Repeal of part. This part 5 is repealed, effective September 1, 2032. Before its repeal, this part 5 is scheduled for review in accordance with section 24-34-104.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018. L. 2023: Entire section amended, (SB 23-153), ch. 212, p. 1100, § 7, effective May 17.
PART 6
BINGO AND RAFFLES LAW
Editor's note: This part 6 was added with relocations in 2017. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this part 6, see the comparative tables located in the back of the index.
24-21-601. Short title. The short title of this part 6 is the Bingo and Raffles Law.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 908, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-101 as it existed prior to 2017.
24-21-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) Bingo means:
(a) A strip bingo game; or
(b) A game of chance played, with or without the aid of an electronic device, for prizes using cards or sheets containing five rows of five squares bearing numbers, except for the center square, which is a free space. Traditional bingo also requires that the letters B I N G O appear in order over each column. The holder of a card or sheet matches the numbers on such card or sheet to numbers randomly drawn. The game is won when a previously designated arrangement of numbers on such card or sheet is covered.
(2) Bingo aid computer system means a computer system that interfaces with and controls the use of electronic devices used as aids in the game of bingo.
(3) Bingo-raffle licensee means any qualified organization to which a bingo-raffle license has been issued by the licensing authority.
(4) Bingo-raffle manufacturer means a person, other than a bingo-raffle licensee, who makes, assembles, produces, or otherwise prepares pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other equipment or parts thereof for games of chance. Bingo-raffle manufacturer does not include a person who prints raffle tickets, other than pull tabs, for and at the request of a bingo-raffle licensee.
(5) Bingo-raffle supplier means a person, other than a bingo-raffle licensee, who sells, distributes, or otherwise furnishes pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other games of chance equipment. Bingo-raffle supplier does not include a person who prints raffle tickets, other than pull tabs, for and at the request of a bingo-raffle licensee.
(5.5) Repealed.
(6) Board means the Colorado charitable gaming board created in section 24-21-630.
(7) Card means either a disposable and nonreusable paper bingo card identified by color, serial number, and card number, or a reusable bingo card intended for repeated use, including but not limited to a hard card or shutter card. Card does not include an electronic representation or electronic image of a bingo card.
(8) Charitable gaming means bingo, pull tab games, and raffles.
(9) Charitable organization means any organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern within this state and that has been so engaged for five years prior to making application for a license under this part 6.
(10) Chartered branch or lodge or chapter of a national or state organization means any such branch or lodge or chapter that is a civic or service organization, not for pecuniary profit, and authorized by its written constitution, charter, articles of incorporation, or bylaws to engage in a fraternal, civic, or service purpose within this state and that has been so engaged for five years prior to making application for a license under this part 6.
(11) Commercial bingo facility means premises rented by a bingo-raffle licensee for the purpose of conducting games of chance.
(12) Commercial landlord means any person renting or offering to rent a commercial bingo facility to any bingo-raffle licensee.
(13) Deal means each separate package or series of packages of pull tabs with the same name, form number, and serial number.
(14) Dues-paying membership means those members of an organization who pay regular monthly, annual, or other periodic dues or who are excused from paying such dues by the bylaws, articles of incorporation, or charter of the organization and those who contribute voluntarily to the corporation or organization to which they belong for the support of such corporation or organization.
(15) Educational organization means any organization within this state, not organized for pecuniary profit, whose primary purpose is educational in nature and designed to develop the capabilities of individuals by instruction and that has been in existence for five years prior to making application for a license under this part 6.
(16) Equipment means: With respect to bingo or lotto, the receptacle and numbered objects drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the board or signs, however operated, used to announce or display the numbers or designations as they are drawn, public address system, and all other articles essential to the operation, conduct, and playing of bingo or lotto; or, with respect to raffles, implements, devices, and machines designed, intended, or used for the conduct of raffles and the identification of the winning number or unit and the ticket or other evidence or right to participate in raffles. Equipment includes electronic devices used as aids in the game of bingo.
(17) Exempt organization means an organization:
(a) That is exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1954, as amended;
(b) Of the type commonly known as a community chest, which organizes and carries out intensive, limited-time, and community-wide fund drive campaigns by volunteer workers soliciting charitable contributions from a broad base of citizens and businesses in the community with the objective of providing financial support to other organizations that are exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1954, as amended, and that provides charitable, educational, civic, health, or human services within the same community and that has the further objective of minimizing the necessity for multiple, overlapping, and competing fund drives by such recipient organizations to enable them to deliver such services;
(c) That assists in acquiring noncash prizes donated by participating private businesses or government agencies as an ancillary means of creating interest in a charitable fund-raising drive held by such business or agency;
(d) That collects voluntary contributions and distributes more than eighty percent of such contributions to other organizations that are exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1954, as amended, and that provide charitable, educational, civic, health, or human services;
(e) On behalf of whose fund-raising drives drawings are held by participating private businesses or government agencies, which drawings are open only to the employees of such businesses or agencies and are not open to the general public;
(f) Whose fund-raising drives are jointly planned and managed by the participating private businesses and government agencies; and
(g) Whose fund-raising drives include only the awarding of noncash prizes by the participating private businesses or government agencies.
(18) Fraternal organization means any organization within this state, including college and high school fraternities, not for pecuniary profit, that is a branch, lodge, or chapter of a national or state organization and exists for the common business, brotherhood, or other interests of its members and that has so existed for five years prior to making application for a license under this part 6. Fraternal organization also includes a graduate or alumni division or branch of a college fraternity, which division or branch holds a charter issued by the state of Colorado and that meets all other criteria set forth in this subsection (18). As used in this subsection (18), fraternity includes a sorority.
(19) Game of chance means that specific kind of game of chance commonly known as bingo or lotto in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and that specific kind of game of chance commonly known as raffles that is conducted by drawing for prizes or the allotment of prizes by chance, by the selling of shares or tickets or rights to participate in such a game.
(20) Gross receipts means receipts from the sale of shares, tickets, or rights in any manner connected with participation in a game of chance or the right to participate therein, including any admission fee or charge, the sale of equipment or supplies, the sale or lease of electronic devices used as aids in the game of bingo, and all other miscellaneous receipts.
(21) Labor organization means any organization, not for pecuniary profit, within this state that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work and that has existed for such purpose and has been so engaged for five years prior to making application for a license under this part 6.
(22) Landlord licensee means the holder of a current, valid commercial landlord license.
(23) Lawful purposes means the lawful purposes of organizations permitted to conduct games of chance, as provided in section 2 of article XVIII of the state constitution.
(24) Lawful use means the devotion of the entire net proceeds of a game of chance exclusively to lawful purposes.
(25) License means any license or certification issued by the licensing authority pursuant to this part 6, including, without limitation, the certification of a games manager pursuant to section 24-21-610.
(26) Licensed agent means an individual who holds a current, valid agent's license for a bingo-raffle manufacturer or supplier.
(27) Licensee means the holder of any license or certification issued by the licensing authority pursuant to this part 6. Licensee includes the former holder of such license or certification for purposes of investigation of activities that took place during the period in which such license or certification was effective.
(28) Licensing authority means the secretary of state or his or her duly authorized deputy.
(29) Manufacturer's agent means an individual who represents a manufacturer in any of its activities in connection with the presales, driver sales, or distribution with excess stock of pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other games of chance equipment; except employees of commercial delivery services.
(30) Manufacturer licensee means the holder of a current, valid Colorado manufacturer license.
(31) Member means an individual who has qualified for membership in a qualified organization pursuant to its bylaws, articles of incorporation, charter, rules, or other written statement.
(32) Net proceeds means the receipts less such expenses, charges, fees, and deductions as are specifically authorized under this part 6.
(33) Occasion means a single gathering or session at which a series of successive bingo games is played.
(34) Person means a natural person, firm, association, corporation, or other legal entity.
(35) Premises means any room, hall, enclosure, or outdoor area used for the purpose of playing a game of chance.
(36) Pull tab game means a type of game of chance commonly known as a pickle, break-open, jar raffle, last sale ticket, or seal card for which tickets are preprinted with markings distinguishing winners and nonwinners, each ticket so made that its markings and winning or nonwinning status cannot be known or revealed until the ticket is broken or torn apart.
(37) (a) Qualified organization means any bona fide chartered branch, lodge, or chapter of a national or state organization or any bona fide religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organization operating without profit to its members that has been in existence continuously for a period of five years immediately prior to the making of an application for a license under this part 6 and that has had, during the entire five-year period, a dues-paying membership engaged in carrying out the objects of said corporation or organization.
(b) Qualified organization includes, without limitation:
(I) A political party; and
(II) The Colorado state fair authority.
(38) Raffle means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random method as determined by rules of the licensing authority, or a pull tab ticket as described in subsection (36) of this section. The term raffle does not include any activity that is authorized or regulated by the state lottery division pursuant to article 40 of title 44 or the Limited Gaming Act of 1991, article 30 of title 44.
(39) Religious organization means any organization, church, body of communicants, or group, not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship, and religious observances or a society, not for pecuniary profit, of individuals united for religious purposes at a definite place, which organization, church, body of communicants, group, or society has been so gathered or united for five years prior to making application for a license under this part 6.
(40) Sheet means a leaf of paper upon which is printed one or more disposable bingo cards.
(40.5) Strip bingo game means a type of bingo that is played with a paper strip card of up to five connected paper bingo faces, with each bingo face containing a concealed grouping of preprinted symbols, free spaces, and numbers ranging from one to seventy-five.
(41) Supplier's agent means an individual who represents a bingo-raffle supplier in the course of the bingo-raffle supplier's presales, driver sales, or distribution with excess bingo-supplier stock, electronic devices used as aids in the game of bingo, or chance equipment on hand; except that the term does not include employees of commercial delivery services.
(42) Supplier licensee means the holder of a current, valid Colorado supplier license.
(43) Veterans' organization means any organization within this state or any branch, lodge, or chapter of a national or state organization within this state, not for pecuniary profit, the membership of which consists of individuals who were members of the armed services or forces of the United States, that has been in existence for five years prior to making application for a license under this part 6.
(44) Voluntary firefighters' organization means any organization within this state, not for pecuniary profit, established by the state or any of its political subdivisions that has been in existence for five years prior to making application for a license under this part 6.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 908, § 2, effective May 23. L. 2018: (38) amended, (HB 18-1375), ch. 274, p. 1725, § 92, effective October 1. L. 2022: (1) and (13) amended and (5.5) added, (HB 22-1093), ch. 366, p. 2607, § 1, effective April 1, 2023. L. 2024: (1)(a) and (6) amended, (5.5) repealed, and (40.5) added, (HB 24-1326), ch. 420, p. 2866, § 1, effective June 5.
Editor's note: This section is similar to former § 12-9-102 as it existed prior to 2017.
24-21-603. Fraud and deception prohibited. (1) A bingo-raffle licensee, landlord licensee, supplier licensee, manufacturer licensee, or any member or agent thereof engaged in any charitable gaming activity shall not, directly or indirectly:
(a) Employ any device, scheme, or artifice to defraud or deceive;
(b) Intentionally make any untrue or misleading statement of fact; or
(c) Engage in any act, practice, or course of conduct constituting fraud or deceit.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 913, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-102.3 as it existed prior to 2017.
24-21-604. Legislative declaration - consideration for tickets - conditions - rules. (1) The general assembly hereby finds and declares that prize promotions involving the conduct of free product giveaways through the use of free chances for purposes of commercial advertisement, the creation of goodwill, the promotion of new products or services, or the collection of names should not be subject to regulation under this part 6. The giveaways described in this subsection (1) are exempt from regulation under this part 6 when all of the conditions set forth in this section are satisfied.
(2) No award of prizes by chance for a purpose set forth in subsection (1) of this section is a lottery or game of chance, nor is any share, ticket, or right to participate in an award of prizes deemed to have been sold or charged for, notwithstanding that the award is made to persons who have paid a fee entitling them to general admission to the grounds or premises on which the award is made, if each share or ticket by means of which the award is made is given away free of charge and without any obligation on the part of the person receiving it.
(3) (a) (I) A licensee may conduct a prize promotion on the licensed premises, whether the premises are rented or owned by the licensee. A licensee shall clearly disclose, in the rental agreement or otherwise, the promotion and its cost, if any, to the licensee, pursuant to rules adopted by the licensing authority.
(II) A landlord licensee shall not require a bingo-raffle licensee to participate in or conduct a promotion under this section, nor may a games manager for any occasion assist in any promotion conducted during an occasion by a landlord licensee. Prizes offered as part of a promotion are not prizes subject to limitation under section 24-21-617 (5).
(b) Before conducting a promotion under this section, the licensee shall provide evidence of ownership, free and clear, of the prizes to be offered unless all of the prizes are available for viewing on the premises on the day they are to be awarded. The licensee offering any promotional prize shall disclose, at the beginning of the promotion, full and complete information identifying the prizes to be awarded and the method by which the prizes may be won.
(c) Within ten days after the award of any prize, the licensee shall file with the licensing authority a written report containing a description of the prize, the value of the prize, and such other information as the licensing authority may require by rule. Any prize offered pursuant to this section must be awarded by the end of the calendar quarter in which it was offered.
(d) The licensing authority may establish by rule the maximum amount or value of a cash prize or a prize of a product or service that may be awarded; except that such maximum amount must be at least one thousand dollars.
(4) Repealed.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 913, § 2, effective May 23. L. 2024: (4) repealed, (HB 24-1326), ch. 420, p. 2867, § 2, effective June 5.
Editor's note: This section is similar to former § 12-9-102.5 as it existed prior to 2017.
24-21-605. Licensing and enforcement authority - powers - rules - duties - license suspension or revocation proceedings - definitions. (1) The secretary of state is hereby designated as the licensing authority of this part 6. As licensing authority, the secretary of state's powers and duties are as follows:
(a) (I) To grant or refuse to grant bingo-raffle licenses under this part 6 and to grant or refuse to grant licenses to landlords, manufacturers, manufacturers' agents, suppliers, and suppliers' agents. If any such license application has not been approved or disapproved within forty-five days after the licensing authority has received all information that constitutes a complete application, the license shall be deemed to be approved. The licensing authority shall notify the applicant upon receipt of all information that the licensing authority deems a complete application. Such notification shall be the start of the forty-five-day period in which the licensing authority shall affirmatively act upon the application. The licensing authority's failure to act upon an application within forty-five days after receipt shall not preclude the licensing authority from later filing a complaint challenging the application on the ground that it is in conflict with the Colorado constitution or this part 6. All such licenses and applications for such licenses shall be made available for inspection by the public. In addition, the licensing authority has the power and the responsibility, after investigation and hearing before an administrative law judge, to suspend or revoke any license issued by the licensing authority, in accordance with any order of such administrative law judge. When a license is ordered suspended or revoked, the licensee shall surrender the license to the licensing authority on or before the effective date of the suspension or revocation. No license is valid beyond the effective date of the suspension or revocation, whether surrendered or not. Any bingo-raffle license may be temporarily suspended for a period not to exceed ten days pending any prosecution, investigation, or public hearing.
(II) The licensing authority may impose a reasonable fine for any violation of this part 6 or any rule adopted pursuant to this part 6, not to exceed two hundred fifty dollars per citation. The imposition of any such fine may be appealed to an administrative law judge.
(III) An applicant may request administrative review of a refusal by the licensing authority to grant or renew a license in accordance with subsection (3) of this section. To be entitled to administrative review, the applicant must request the review in writing within sixty days after the date of the licensing authority's refusal.
(IV) If a licensee or bingo-raffle affiliate fails within forty-five days after a written request by the licensing authority to voluntarily produce records at the office of the licensing authority, or if a licensee fails to file a report within the time required by this part 6, or if such report is not properly verified or is not fully, accurately, and truthfully completed on its face, the licensing authority may refuse to renew the licensee's license until the licensee has corrected such failure or deficiency. If the licensing authority refuses to renew a license pursuant to this subsection (1)(a)(IV), the licensee shall not engage in activity authorized by such license until such license is renewed.
(b) To supervise the administration and enforcement of this part 6 and to adopt, amend, and repeal rules governing the holding, operating, and conducting of games of chance, the purchase of equipment, the establishment of a schedule of reasonable fines, not to exceed two hundred fifty dollars per citation, for violation by licensees of this part 6 or of rules adopted pursuant to this part 6, to the end that games of chance shall be held, operated, and conducted only by licensees for the purposes and in conformity with the state constitution and the provisions of this part 6;
(c) To provide forms for and supervise the filing of any reports made by mail, computer, electronic mail, or any other electronic device by any licensee. As soon as possible after July 1, 2006, the licensing authority shall ensure that delivery of a document subject to this part 6 by an applicant or a licensee may be accomplished electronically without the necessity for presentation of a physical original document, report, or image, if all required information is included and is readily retrievable from the data transmitted. The licensing authority may, by rule, require certain organizations to file reports and other documents electronically. All electronically filed documents shall be stored by the licensing authority in an electronic or other medium and shall be retrievable by the licensing authority in an understandable and readable form. Notwithstanding any other provision of law requiring the signature of, or execution by, a person on a document, no such signature shall be required when the document is submitted electronically. Causing a document to be delivered to the licensing authority by an applicant or a licensee shall constitute the affirmation or acknowledgment of the individual causing the delivery, under penalty of perjury, that the document is the individual's act and deed or the act and deed of the organization or entity on whose behalf the document was delivered and that the facts stated in the document are true.
(d) Upon application by any licensee, to issue a letter ruling granting approval for any new concept, method, technology, practice, or procedure that may be applied to, or used in the conduct of, games of chance that are not in conflict with the constitution or this part 6. Application for such approval shall be submitted in a form prescribed by the licensing authority. If an application is not acted upon within forty-five days after receipt by the licensing authority, the licensee may implement such concept, method, technology, practice, or procedure so long as it is not in conflict with the constitution or this part 6; except that the licensing authority's failure to act upon an application within forty-five days after receipt shall not preclude the licensing authority from later filing a complaint challenging such concept, method, technology, practice, or procedure on the ground that it is in conflict with the constitution or this part 6. An adverse ruling on such application may be appealed to an administrative law judge.
(e) To keep records of all actions and transactions relating to licensing and enforcement activity;
(f) To prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the authority, and to issue publications of the authority intended for circulation in quantity outside the executive branch in accordance with section 24-1-136;
(g) To license devices for reading pull tabs as provided in section 24-21-619; except that the licensing authority shall not impose or collect any fee for the issuance of such a license.
(2) For the purpose of any investigation or examination of records, the licensing authority or any officer designated by the licensing authority may require, at the office of the licensing authority, the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the licensing authority deems relevant or material to the inquiry. In case of refusal to obey a request for the production of documents issued to any licensee or an affiliate of a licensee, the district court of the city and county of Denver, upon application by the licensing authority, may issue an order requiring that person to appear before the licensing authority or the officer designated by the licensing authority to produce documents or to give evidence touching upon the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.
(3) The licensing authority may revoke, suspend, annul, limit, modify, or refuse to grant or renew a license in accordance with section 24-4-104. Hearings that are held to administratively review the licensing authority's decision to refuse to grant or renew a license or to determine whether a licensee's license should be revoked, suspended, annulled, limited, or modified shall be conducted by an administrative law judge appointed pursuant to part 10 of article 30 of this title 24 and shall be held in the manner and pursuant to the rules and procedures described in sections 24-4-104, 24-4-105, and 24-4-106. An administrative law judge shall hold and conclude hearings in accordance with the rules, with reasonable dispatch and without unnecessary delay, and shall issue a decision within ten days after the hearing.
(4) (a) Upon a finding by an administrative law judge of a violation of this part 6, the rules adopted pursuant to this part 6, or any other provision of law, such as would warrant the revocation, suspension, annulment, limitation, or modification of a license, in addition to any other penalties that may be imposed, the licensing authority may declare the violator ineligible to conduct a game of bingo and to apply for a license pursuant to this part 6 for a period not exceeding one year after the date of the declaration or a shorter period designated by the licensing authority pursuant to this subsection (4). The licensing authority shall designate a shorter period of license ineligibility only in the absence of aggravating factors associated with the violation for which the revocation was imposed. Aggravating factors include willfulness, intent, a previous intentional violation of this part 6, and violations involving theft or fraud. The declaration of ineligibility may be extended to include, in addition to the violator, any of its subsidiary organizations, its parent organization, or otherwise, affiliated with the violator when, in the opinion of the licensing authority, the circumstances of the violation warrant such action.
(b) The decision of the administrative law judge in any controversy concerning licensing, the imposition of a fine, or the approval of any proposed new concept, method, technology, practice, or procedure is final and subject to review by the court of appeals, pursuant to section 24-4-106 (11).
(5) Upon an administrative or judicial finding of a violation of this part 6, the rules adopted pursuant to this part 6, or any other provision of law, such as would warrant the suspension or revocation of a license, the licensing authority, in addition to any other penalties that may be imposed, may issue an order excluding the violator or any owner, officer, director, or games manager of the violator from the licensed premises during the conduct of games of chance.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 914, § 2, effective May 23. L. 2024: (1)(a)(II) and (1)(b) amended, (HB 24-1326), ch. 420, p. 2867, § 3, effective June 5.
Editor's note: This section is similar to former § 12-9-103 as it existed prior to 2017.
24-21-606. Fees - department of state cash fund. (1) All fees collected by the licensing authority pursuant to this part 6 shall be transmitted to the state treasurer, who shall credit them to the department of state cash fund created in section 24-21-104 (3)(b), also referred to in this section as the fund. The money in the fund is subject to annual appropriation by the general assembly for the purposes of financing the licensing and enforcement activities of the secretary of state as specified in this part 6.
(2) (a) Fees authorized by this part 6 shall be established by the licensing authority, in consultation with the board, in amounts sufficient to ensure that the total revenue generated by the collection of such fees approximates the direct and indirect costs incurred by the licensing authority in carrying out its duties under this part 6. The amounts of all fees shall be reviewed annually. The licensing authority shall furnish to the board both an annual and a quarterly accounting of all fee and fine revenues received and expenditures made pursuant to this part 6, together with a list of all fees in effect.
(b) The cost of implementing the electronic application and report filing system required by section 24-21-605 (1)(c), including the cost of promulgating any new or amended rules for use of the system, shall be recovered through a temporary fee increase or surcharge assessed on licensees during the first five years of operation of the system. The licensing authority shall establish the temporary fee or surcharge on a sliding or graduated scale, based on the quarterly gross receipts of each licensee that is required to file quarterly reports or pay fees under section 24-21-621 (4) or 24-21-622 (6)(b), and in an amount sufficient to recover all of such costs within the five-year period.
(3) All fines assessed pursuant to this part 6 shall be paid to the state treasurer who shall credit the same to the general fund of the state.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 918, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-103.5 as it existed prior to 2017.
24-21-607. Bingo-raffle license - fee. (1) A bona fide chartered branch, lodge, or chapter of a national or state organization or any bona fide religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organization or any association, successor, or combination of association and successor of any of these organizations that operates without profit to its members, has been in existence continuously for a period of five years immediately prior to the making of application for a bingo-raffle license under this part 6, and has had during the entire five-year period dues-paying members engaged in carrying out the objects of the corporation or organization is eligible for a bingo-raffle license to be issued by the licensing authority under this part 6. If a license is revoked, the bingo-raffle licensee and holder thereof is not eligible to apply for another license under subsection (2) of this section for no more than one year after the date of the revocation.
(2) The bingo-raffle licenses provided by this part 6 shall be issued by the licensing authority to applicants qualified under this part 6 upon payment of a fee established in accordance with section 24-21-606 (2). Licenses expire at the end of the calendar year in which they were issued by the licensing authority and may be renewed by the licensing authority upon the filing of an application for renewal thereof provided by the licensing authority and the payment of the fee established for the renewal. No license granted under this part 6 or any renewal thereof is transferable. The fees required to be paid for a new or renewal license shall be deposited in the department of state cash fund created in section 24-21-104 (3)(b).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 918, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-104 as it existed prior to 2017.
24-21-608. Landlord licensees - stipulations. (1) A person other than a landlord licensee shall not rent or offer to rent to any bingo-raffle licensee any premises to be used to conduct games of chance. A lease of the premises for a bingo occasion must be for a period of at least five consecutive hours unless the landlord licensee and bingo-raffle licensee agree to a shorter or longer period. The amount of rent to be charged, and the method used to calculate such rent, shall be established by agreement between the parties.
(2) No landlord licensee or any employee of a landlord licensee shall require, induce, or coerce a bingo-raffle licensee to enter into any contract, agreement, or lease contrary to this part 6.
(3) No landlord licensee or any employee of a landlord licensee shall require, induce, or coerce a bingo-raffle licensee to purchase supplies or equipment, or to purchase or lease electronic devices used as aids in the game of bingo, from a particular supplier, distributor, or manufacturer as a condition of conducting games of chance at a commercial bingo facility.
(4) Rent charged to a bingo-raffle licensee by a landlord licensee for the use of a commercial bingo facility shall cover all expenses and items reasonably necessary for the use of the commercial bingo facility for a bingo occasion including, but not limited to, insurance and maintenance for such facility, adequate and secure storage space, restrooms, janitorial services, and utilities.
(5) No activity or business other than licensed games of chance may be conducted in a commercial bingo facility within space leased to a bingo-raffle licensee during the time allocated to the bingo-raffle licensee with the exception of the sale of food, beverages, bingo-related merchandise and supplies, the operation of an automated cash service device, and such other activities and businesses as the bingo-raffle licensee may agree to. A landlord licensee may conduct other businesses and activities in space not included in the bingo-raffle licensee's rental agreement and in which games of chance are not held.
(6) A landlord licensee or any employee or agent of a landlord licensee shall not be a party responsible for or assisting with the conduct, management, or operation of any game of chance within Colorado; except that a landlord licensee that is also a bingo-raffle licensee may conduct such activities as its bingo-raffle license allows exclusively on its own behalf.
(7) Notwithstanding subsection (6) of this section, a landlord, supplier, or manufacturer licensee may instruct and train a bingo-raffle licensee in the repair, operation, and maintenance of bingo-raffle equipment, subject to specific criteria established by rule.
(8) Every landlord licensee shall file with the licensing authority all leases, agreements, and other documents required in order for a bingo-raffle licensee to lease its commercial bingo facility.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 919, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-104.5 as it existed prior to 2017.
24-21-609. Application for bingo-raffle license. (1) Each applicant for a bingo-raffle license to be issued under this section shall file with the licensing authority a written application in the form prescribed by the licensing authority, duly executed and verified, and in which shall be stated:
(a) The name and address of the applicant;
(b) Sufficient facts relating to its incorporation and organization to enable the licensing authority to determine whether or not it is a bona fide chartered branch, lodge, or chapter of a national or state organization or a bona fide religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organization that operates without profit to its members, has been in existence continuously for a period of five years immediately prior to the making of said application for such license, and has had during the entire five-year period dues-paying members engaged in carrying out the objectives of said applicant;
(c) The names and addresses of its officers;
(d) The specific kind of games of chance intended to be held, operated, and conducted by the applicant;
(e) (I) The place where such games of chance are intended to be held, operated, and conducted by the applicant under the license applied for; or
(II) In the case of the application of an exempt organization, the place or places where drawings are intended to be held, operated, and conducted by the organization under the license applied for;
(f) A statement that no commission, salary, compensation, reward, or recompense will be paid to any person for holding, operating, or conducting such games of chance or for assisting therein except as otherwise provided in this part 6;
(g) Such other information deemed advisable by the licensing authority to ensure that the applicant falls within the restrictions set forth by the state constitution.
(2) (a) In each application there shall be designated active members of the applicant organization under whom the games of chance described in the application are to be held, operated, and conducted, and to the application shall be appended a statement executed by the applicant and by the members so designated that they will be responsible for the holding, operation, and conduct of such games of chance in accordance with the terms of the license and this part 6.
(b) Each designated games manager must have been an active member of the applicant for at least the six months immediately preceding the member's designation as a games manager and shall be certified by the licensing authority pursuant to section 24-21-610 before assuming games management duties.
(3) In the event any premises are to be leased or rented in connection with the holding, operating, or conducting of any game of chance under this part 6, a written statement shall accompany the application signed and verified by the applicant, which must state the address of the leased or rented premises and the amount of rent that will be paid for said premises and which must certify that the premises are to be rented from a landlord licensee.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 920, § 2, effective May 23. L. 2024: (2)(b) amended, (HB 24-1326), ch. 420, p. 2867, § 4, effective June 5.
Editor's note: This section is similar to former § 12-9-105 as it existed prior to 2017.
24-21-610. Games managers - certification. (1) The licensing authority shall issue a games manager certification to any qualified applicant who has demonstrated sufficient knowledge of this part 6, as determined by the licensing authority, and who has paid the fee established in accordance with section 24-21-606 (2). A games manager certification shall be valid for a time period to be determined by the licensing authority by rule, and may be denied, suspended, or revoked for any violation of this part 6 or any rule or order of the licensing authority promulgated or issued pursuant to this part 6.
(2) A person is not eligible for certification or to act as a games manager in the conduct of a game of chance pursuant to this part 6 unless the person is eighteen years of age or older.
(3) A person is not eligible for certification or to act as a games manager in the conduct of any game of chance pursuant to this part 6 if the person has been convicted of any misdemeanor involving gambling or any felony.
(4) Unless authorized by the licensing authority in accordance with the rules of the licensing authority, a person shall not be designated or serve as a games manager for more than three bingo-raffle licensees simultaneously. The licensing authority may promulgate rules establishing the circumstances under which a person may be designated and serve as games manager for more than three bingo-raffle licensees.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 921, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-105.1 as it existed prior to 2017.
24-21-611. Application for landlord license - fee. (1) Each applicant for a landlord license shall file with the licensing authority a written application, duly executed and verified, in the form presented by the licensing authority, which application shall include, but not be limited to, the following information:
(a) The name and address of the landlord and, if such commercial landlord is a corporation, partnership, association, or other business entity, the names and addresses of all partners, associates, and persons holding an ownership interest of ten percent or more;
(b) The name and address of the landlord's resident agent if the commercial landlord does not reside in Colorado and the location in Colorado where its records will be available to the licensing authority;
(c) The location of the premises for which the applicant is seeking such license;
(d) A statement by the landlord or the chief executive officer of the landlord that the landlord is familiar with the provisions of this part 6 as to commercial bingo facilities and landlords thereof and accepts responsibility for compliance with such provisions;
(e) A statement by the landlord or the chief executive of the landlord that the primary purpose of the premises described in subsection (1)(c) of this section is the conduct of bingo occasions.
(2) Each application shall designate an individual who shall act as agent for the landlord and who shall receive all communications concerning the license.
(3) Each application must include an affidavit signed by the applicant stating whether the landlord has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years. If the landlord is a corporation, limited liability company, or partnership, the affidavit must make the verification as to each officer and director of the corporation, each member and manager of the limited liability company, or each partner and associate of the partnership. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years is ineligible for a license issued pursuant to this section. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within more than the previous ten years shall disclose the information related to the conviction required by the licensing authority.
(4) A landlord license expires at the end of the calendar year in which it was issued. Each license issued shall be conspicuously displayed at the premises for which the license has been issued. No landlord license is transferable. The annual fee for each landlord license shall be established in accordance with section 24-21-606 (2).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 921, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-105.3 as it existed prior to 2017.
24-21-612. Application for manufacturer license. (1) Each application for a manufacturer license must include, but not be limited to, the following information:
(a) The name and address of the applicant;
(b) The name and address of the manufacturer and, if the manufacturer is a corporation, the name and address of each officer, director, and shareholder holding an ownership interest of ten percent or more;
(c) A description of the equipment manufactured in connection with games of chance activities in Colorado;
(d) The name and address of the resident agent of the manufacturer if the applicant does not reside in Colorado and the location in Colorado where the records of the manufacturer will be available to the licensing authority;
(e) The names and addresses of the Colorado suppliers and agents of the manufacturer; and
(f) A statement by the manufacturer or the chief executive officer of the manufacturer that such manufacturer is familiar with the provisions of this part 6 as to bingo-raffle manufacturers and accepts responsibility for compliance with such provisions.
(2) Each application for a manufacturer license must include a statement regarding whether the applicant; its owners; its officers or directors if a corporation; or its members, managers, partners, or associates if another business entity, has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years is ineligible for a license issued pursuant to this section. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within more than the previous ten years shall disclose the information related to the conviction required by the licensing authority.
(3) Any bingo-raffle manufacturer, upon filing a true, complete, written, verified application in the form presented by the licensing authority, together with the fee for the license, is eligible for a manufacturer license. A manufacturer license shall be renewed annually, on or before March 31 of each year in which such licensee engages in or anticipates engaging in a licensed activity. A manufacturer license is nontransferable. The annual fee for each license shall be established in accordance with section 24-21-606 (2).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 922, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-105.5 as it existed prior to 2017.
24-21-613. Application for supplier license. (1) Each application for a supplier license must include, but not be limited to, the following information:
(a) The name and address of the applicant;
(b) The name and address of the supplier and, if the supplier is a corporation, the name and address of each officer, director, and shareholder holding an ownership interest of ten percent or more;
(c) A description of the equipment and supplies sold or distributed in connection with games of chance activities in Colorado;
(d) The name and address of the resident agent of the supplier if the applicant does not reside in Colorado and the location in Colorado where the records of the supplier will be available to the licensing authority;
(e) The names and addresses of the Colorado manufacturers and Colorado agents of the supplier; and
(f) A statement by the supplier or the chief executive officer of the supplier that such supplier is familiar with the provisions of this part 6 as to bingo-raffle suppliers and accepts responsibility for compliance with such provisions.
(2) Each application for a supplier license must include a statement regarding whether the applicant; its owners; its officers or directors if a corporation; or its members, managers, partners, or associates if another business entity, has been convicted of any felony, theft by deception, or offense involving gambling as defined in article 10 of title 18. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years is ineligible for a license issued pursuant to this section. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within more than the previous ten years shall disclose the information related to the conviction required by the licensing authority.
(3) Any bingo-raffle supplier, upon filing a true, complete, written, verified application in the form presented by the licensing authority, together with the fee for the license, is eligible for a supplier license. A supplier license shall be renewed annually, on or before March 31 of each year in which such licensee engages in or anticipates engaging in a licensed activity. A supplier license is nontransferable. The annual fee for each license shall be established in accordance with section 24-21-606 (2).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 923, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-105.7 as it existed prior to 2017.
24-21-614. Application for manufacturer's agent license or supplier's agent license. (1) Each application for a manufacturer's agent license or supplier's agent license must include, but not be limited to, the following information:
(a) The name and address of the applicant;
(b) The name and address of the supplier or manufacturer represented by the applicant;
(c) A statement by the applicant that the applicant has read, understands, and will comply with this part 6 as to manufacturer's and supplier's agents and the conditions of the agent's license;
(d) A statement by the chief executive officer of the manufacturer or supplier represented by the agent, which statement acknowledges consent to representation by the applicant; and
(e) The location in Colorado where the agent's records of sales and distributions of bingo and raffle equipment and supplies will be available to the licensing authority.
(2) Each agent's application must include a statement regarding whether the applicant has been convicted of any felony, theft by deception, or offense involving gambling as defined in article 10 of title 18. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within the previous ten years is ineligible for a license issued pursuant to this section. A person that has been convicted of any felony, theft by deception, or gambling-related offense as defined in article 10 of title 18 within more than the previous ten years shall disclose the information related to the conviction required by the licensing authority.
(3) Any supplier's agent or manufacturer's agent, upon filing a complete, written, verified application in the form presented by the licensing authority, together with the fee for the license, is eligible for a manufacturer's or supplier's agent license. A manufacturer's or supplier's agent license shall be renewed annually, on or before March 31 of each year in which such licensee engages in or anticipates engaging in a licensed activity. Neither a manufacturer's agent license nor a supplier's agent license is transferable. The annual fee for each license shall be established in accordance with section 24-21-606 (2).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 924, § 2, effective May 23. L. 2024: (1)(c) amended, (HB 24-1326), ch. 420, p. 2867, § 5, effective June 5.
Editor's note: This section is similar to former § 12-9-105.9 as it existed prior to 2017.
24-21-615. Persons permitted to conduct games of chance - form of bingo-raffle licenses - display. (1) A person, firm, or organization within this state shall not conduct a game of chance without a bingo-raffle license issued by the licensing authority. Only an active member of the organization to which the bingo-raffle license is issued may hold, operate, or conduct games of chance under a license issued under this part 6, and a person shall not assist in the holding, operating, or conducting of any games of chance under a bingo-raffle license except an active member or a member of an organization or association that is an auxiliary to the licensee, a member of an organization or association of which the licensee is an auxiliary, or a member of an organization or association that is affiliated with the licensee by being, with it, auxiliary to another organization or association. A licensee shall incur or pay only bona fide expenses in a reasonable amount for goods, wares, and merchandise furnished or services rendered that are reasonably necessary for the holding, operating, or conducting of a game of chance.
(2) Each bingo-raffle license must contain a statement of the name and address of the licensee and the place where bingo or lotto games or the drawing of the raffles is to be held. If the bingo-raffle licensee moves from the games or drawing location listed on its license, the bingo-raffle licensee must notify the licensing authority in writing prior to commencing bingo or conducting a raffle drawing at the new location. The licensing authority may issue a letter of authorization to move the location of the bingo or lotto games or the drawing of the raffles. The letter of authorization must remain with the original license and must be available for inspection at the place where games or drawings are to be held. A license issued for an exempt organization must include the place or places where drawings are to be held. Except as specified in subsection (4) of this section, each bingo-raffle license issued for the conduct of any games of chance must be conspicuously displayed at the place where the game is to be conducted or the drawings held at all times during the conduct thereof. An exempt organization may comply with this section by providing written notice of a license to all employees of a participating private business or government agency holding a fund-raising drive that includes a drawing on behalf of the organization. The notice must state that the license is available for public inspection during reasonable business hours and must specify where the license is maintained for inspection.
(3) A licensee shall conspicuously display, at the place where a game is being conducted, its license issued for the conduct of games of chance at all times during the conduct of the game and for at least thirty minutes after the last game has been concluded.
(4) Notwithstanding subsection (2) of this section, a bingo-raffle licensee conducting a pull tab game for the benefit of its members and guests on premises that are owned by it, or leased by it for purposes other than the conduct of a bingo occasion, may display a copy of its license, in a format approved by the licensing authority, on the premises during any time the licensee is also conducting a bingo or raffle occasion at a separate location.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 925, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-106 as it existed prior to 2017.
24-21-616. Form of landlord license - display - fee. (1) Each landlord license must contain a statement of the name and address of the licensee and the location of the premises. Each license issued shall be conspicuously displayed at the premises for which the license has been issued.
(2) A landlord license shall be issued to qualified applicants by the licensing authority upon payment of a fee and completion and approval of the landlord license application pursuant to section 24-21-611. The license expires at the end of the calendar year in which it was issued by the licensing authority and may be renewed upon the filing and approval of an application for renewal provided by the licensing authority and the payment of a fee. No landlord license is transferable. The fees required to be paid for new and renewed licenses shall be established in accordance with section 24-21-606 (2).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 926, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-106.5 as it existed prior to 2017.
24-21-617. General conduct games of chance - premises - equipment - expenses - rules. (1) A licensee shall not hold, operate, or conduct a game of bingo or lotto more often than as specified by the licensing authority by rule.
(2) A person or licensee shall not permit any person under eighteen years of age to purchase the opportunity to participate in any game of chance or purchase a ticket in a pull tab game.
(3) A person or licensee shall not permit any person under fourteen years of age to assist in the conduct of bingo or pull tabs.
(4) A licensee shall not offer or give an alcoholic beverage as a prize in a game of chance.
(5) The licensing authority shall establish by rule the method of play and amount of prizes that may be awarded; except that the maximum prize that may be awarded must be at least five hundred dollars.
(6) Food offered in the course of a volunteer duty shift and consumed on the premises where the game of chance is being conducted is not remuneration if the retail value of the food offered does not exceed the maximum amount per volunteer set by rule.
(7) (a) The officers of a bingo-raffle licensee shall designate one or more bona fide, active members of the licensee as its games managers to be in charge of and primarily responsible for the conduct of the games of bingo or lotto on each occasion. The games managers shall supervise all activities on the occasion for which they are in charge and are responsible for making all required reports. The games managers, governing board of the licensee, and the individual acting in the role of a treasurer on behalf of the licensee must be familiar with all applicable provisions of state law, the rules of the licensing authority, and the license. The governing board of the licensee is ultimately responsible for the maintenance of books and records and the filing of the reports pursuant to this section. At least one games manager shall be present on the premises continuously during the games and for a period sufficient to ensure that all books and records for the occasion have been closed and that all supplies and equipment have been secured.
(b) An exempt organization may designate more than one of its bona fide, active members in order to comply with this subsection (7).
(8) The officers of a bingo-raffle licensee shall designate an officer to be in full charge of and primarily responsible for the proper utilization of the entire net proceeds of any game in accordance with the state law.
(9) The premises where any game of chance is being held, operated, or conducted, or is intended to be held, operated, or conducted, or where it is intended that any equipment be used, must be kept open to inspection at all times by the licensing authority, its agents and employees, and peace officers of any political subdivision of the state.
(10) (a) In conducting a bingo or pull tab game, a bingo-raffle licensee may operate equipment if the bingo-raffle licensee:
(I) Leases the equipment from a manufacturer licensee or supplier licensee on premises that are owned, leased, or rented by the licensee, used as the licensee's principal place of business, and controlled so that admittance to the premises is limited to the licensee's members and bona fide guests;
(II) Owns the equipment; or
(III) Leases equipment that is owned or leased by a landlord licensee.
(b) Nothing in this subsection (10) prohibits a bingo-raffle licensee from leasing electronic devices used as aids in the game of bingo.
(11) A licensee shall not possess, use, sell, offer for sale, or put into play any bingo or pull tab game, ticket, card, or sheet unless it conforms to the definitions and requirements of this part 6 and was purchased by the licensee from a licensed bingo-raffle manufacturer or supplier or from a licensed agent of a bingo-raffle manufacturer or supplier. A licensee shall not possess, use, sell, offer for sale, or put into play any electronic device used as an aid in the game of bingo or any other equipment unless it conforms to the requirements of this part 6 and was purchased or leased by the licensee from a licensed bingo-raffle manufacturer or supplier or from a licensed agent of a bingo-raffle manufacturer or supplier.
(12) In order to possess, use, sell, offer for sale, or put into play any bingo or pull tab game, ticket, card, or sheet, a licensee must have at the location of the game an invoice from its licensed supplier showing at least the name, description, and serial number of the pull tab deal, card, or sheet.
(13) The licensing authority shall establish, by rule, safeguards to protect the bingo-raffle licensee's players against defaults in charitable gaming debts owed or to become payable by the bingo-raffle licensee.
(14) The net proceeds derived from the holding of games of chance must be devoted, within one year, to the lawful purposes of the organization permitted to conduct the game of chance. Any organization desiring to hold the net proceeds of games of chance for a period longer than one year must apply to the licensing authority for special permission and, upon good cause shown, the licensing authority may grant the request.
(15) The licensing authority may require a licensee that does not report, during any one-year licensing period, positive net proceeds to show cause before the licensing authority why its right to conduct games of chance should not be suspended or revoked. The licensing authority may establish by rule the conditions for suspending, revoking, or refusing to renew a license to conduct charitable gaming for failure to report positive net proceeds.
(16) A bingo-raffle licensee may, directly or through a third party, presell tickets to a charitable gaming event.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 926, § 2, effective May 23. L. 2022: (2), (11), and (12) amended, (HB 22-1093), ch. 366, p. 2608, § 2, effective April 1, 2023. L. 2024: (1) amended and (16) added, (HB 24-1326), ch. 420, p. 2868, § 6, effective June 5.
Editor's note: This section is similar to former § 12-9-107 as it existed prior to 2017.
24-21-618. Conduct of bingo games. (1) In the playing of bingo, only persons who are physically present on the premises where the game is actually conducted may participate as players in the game.
(2) (a) A person shall not act as a caller or assistant to the caller in the conduct of any game of bingo unless the person has been a member in good standing of the bingo-raffle licensee conducting the game or one of its licensed auxiliaries for at least three months immediately prior to the date of the game, is of good moral character, and never has been convicted of a misdemeanor involving gambling or any felony.
(b) An owner, co-owner, or lessee of premises or, if a corporation is the owner of the premises, any officer, director, or stockholder owning more than ten percent of the outstanding stock must not be a person responsible for or assisting in the holding, operating, or conducting of any game of bingo.
(3) (a) The equipment used in the playing of bingo and the method of play must be such that each card has an equal opportunity to win. The objects or balls to be drawn must be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls must be present in the receptacle before each game begins. All numbers announced must be plainly and clearly audible to all the players present. Where more than one room is used for any one game, the receptacle and the caller must be present in the room where the greatest number of players are present, and all numbers announced must be plainly audible to the players in the aforesaid room and also audible to the players in the other rooms.
(b) The receptacle and the caller must be visible to all the players at all times except where more than one room is used for any one game, in which case subsection (3)(a) of this section applies.
(c) The particular arrangement of numbers required to be covered in order to win the game and the amount of the prize must be clearly and audibly described and announced to the players immediately before each game begins.
(d) An operator shall not reserve or allow to be reserved any bingo cards for use by players except braille cards or other cards for use by legally blind players. A person who is legally blind may use personal braille cards when a licensed organization does not provide such cards. A licensed organization may inspect and reject any personal braille card. A person who is legally blind or an individual with a disability may use a braille card or hard card in place of a purchased disposable paper bingo card.
(e) Any player may call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the member designated to be in charge of the occasion, but if that member is also the caller, then in the immediate presence of any officer of the licensee.
(4) When any merchandise prize is awarded in a game of bingo, its value is its current retail price. A merchandise prize is not redeemable or convertible into cash directly or indirectly.
(5) (a) Notwithstanding the limitations stated in section 24-21-617 (5), during a bingo occasion a bingo-raffle licensee may also start a single game of progressive bingo, in an amount established by rule by the licensing authority, in which the game is won when a previously designated arrangement of numbers or spaces on the card or sheet is covered within a previously designated number of objects or balls drawn. If the game is not won within the drawing of the previously designated number of objects or balls, the game must be replayed either during each subsequent occasion the licensee conducts at the same location or during each subsequent occasion that falls on the same day of the week at the same location, using the previously designated arrangement of numbers or spaces.
(b) A bingo-raffle licensee may award a consolation prize for a game of progressive bingo. The bingo-raffle licensee determines the amount of the consolation prize. Notice of the amount must be conspicuously displayed before the beginning of the bingo-raffle occasion, and the amount is included as part of the aggregate amount of all prizes offered or given in games played on a single occasion, as set forth in subsection (5)(a) of this section. If a consolation prize is offered and the progressive prize is not won, the game continues until the previously designated arrangement of numbers or spaces on the card or sheet is covered, regardless of the number of balls drawn, in order to determine the winner of the consolation prize. If a consolation prize is not offered, the progressive game ends when the last of the previously designated number of balls is drawn and must be replayed in accordance with subsection (5)(a) of this section. If a consolation prize is offered and the progressive prize is won, the licensee may opt to award the consolation prize during that occasion. If the consolation prize is awarded, the licensee must include the total amount of the consolation prize in the total amount of any subsequent games offered in the session, not to exceed the maximum allowed for the occasion.
(c) A bingo-raffle licensee may fund a secondary jackpot from ten percent of the gross proceeds collected from the sale of progressive cards or sheets at the occasion where the game is offered. Notwithstanding the limitation stated in subsection (5)(a) of this section, the amount in the secondary jackpot may be used to start a single game of progressive bingo after a previous progressive jackpot is won.
(d) The licensing authority may establish by rule the maximum jackpot that may be awarded in a progressive bingo game; except that the maximum jackpot must be at least fifteen thousand dollars.
(e) The licensing authority may establish by rule the maximum number of progressive bingo games, not less than one, that may be conducted during an occasion. In order to ensure that all prizes offered are timely awarded, the licensing authority may limit by rule the number of occasions in which a progressive bingo game may be conducted before a prize must be awarded; except that the maximum number of occasions must be at least thirty.
(6) (a) Equipment, prizes, and supplies for games of bingo must not be purchased or sold at prices in excess of the usual price thereof. A licensee shall not sell or offer for sale any game of chance, or supplies for a game of chance, that is not authorized by this part 6 or by rules adopted by the licensing authority pursuant to this part 6.
(b) Cards and sheets that are designed or intended for use with electronic devices used as aids in the game of bingo shall not be purchased or sold at prices in excess of the usual price of cards and sheets that are not designed or intended for use with electronic devices used as aids in the game of bingo. Charges imposed by any manufacturer, supplier, agent thereof, or bingo-raffle licensee for cards and sheets that are designed or intended for use with electronic devices used as aids in the game of bingo shall be stated and imposed separately from any charges imposed by the manufacturer, supplier, agent thereof, or bingo-raffle licensee for the purchase, lease, or use of electronic devices used as aids in the game of bingo. Manufacturers, suppliers, and their agents shall not include costs attributable to the manufacture or distribution of electronic devices used as aids in the game of bingo in charges imposed for the purchase or lease of equipment, including cards and sheets.
(7) (a) If a card or sheet is played with the aid of an electronic device, a winning bingo may be determined and verified either by reference to the card or sheet or by reference to the electronic device. Nothing in this part 6 authorizes the playing of bingo solely by means of an electronic device.
(b) A bingo-raffle licensee shall adequately mark, destroy, or dispose of cards or sheets played with the aid of an electronic device in order to prevent the reuse of those cards or sheets.
(c) The licensing authority may establish by rule the maximum number of bingo cards that a bingo player who plays using the aid of an electronic device is permitted to use with the aid of such a device per game; except that the maximum number must be at least one hundred.
(d) A bingo-raffle licensee is not required to use or offer the use of electronic devices used as aids in the game of bingo during a bingo session.
(8) (a) With the application for a letter ruling pursuant to section 24-21-605 (1)(d) for the approval of a new type of electronic device used in the aid of bingo, the manufacturer of the device must provide the following to the licensing authority:
(I) A prototype of the new type of electronic device used in the aid of bingo with a prototype bingo aid computer system and a user's manual used for such electronic device; and
(II) A certification by the manufacturer that the new type of electronic device used in the aid of bingo and all such electronic devices used in the state meet the following standards:
(A) The electronic device provides a means for the input of numbers announced by a bingo caller;
(B) The electronic device compares the numbers entered to the numbers contained on bingo cards previously stored in the electronic database of the electronic device;
(C) The electronic device identifies winning bingo patterns; and
(D) The electronic device signals when a winning bingo pattern is achieved.
(b) The licensing authority shall return the prototype electronic device used in the aid of bingo, the prototype bingo aid computer system, and the user's manual submitted pursuant to subsection (8)(a)(I) of this section no later than forty-five days after receiving the items.
(c) When a complaint regarding an electronic device used in the aid of bingo that is in use in the state of Colorado has been filed with the licensing authority, the manufacturer of the device shall provide to the licensing authority a sample of the device and bingo aid computer system to assist the investigation by the licensing authority. The licensing authority shall return the electronic device and bingo aid computer system no later than forty-five days after receiving them unless they are needed longer to complete the investigation.
(d) Any electronic device used in the aid of bingo, bingo aid computer system, or user's manual for such a device that is in the custody of the licensing authority pursuant to this section is not a public record.
(9) A bingo aid computer system used by a bingo-raffle licensee for bingo sessions must meet the following standards:
(a) The system must contain a record of all transactions occurring during a bingo-raffle session. The record must be retained in memory until the transactions have been totaled, printed, and cleared by the bingo-raffle licensee, regardless of whether the power supply has been interrupted.
(b) The system must be able to compute and total all transactions processed by the system during a bingo-raffle session and to print all information required by the licensing authority, in the form prescribed by the licensing authority.
(c) The system must maintain and control the time, date of sale, and transaction number, keeping the information secure enough that only a manufacturer's qualified personnel can change or reset the information. The manufacturer's qualified personnel shall retain a detailed record for each service call that involves a change of the time, date of sale, or transaction number.
(10) If an electronic device used as an aid in the game of bingo complies with subsections (8)(a)(II)(A) to (8)(a)(II)(D) of this section, and if the bingo aid computer system for the electronic device substantially complies with the requirements of subsection (9) of this section, the licensing authority shall approve the electronic device and computer system for use by a letter ruling pursuant to section 24-21-605 (1)(d).
(11) In the conduct of any strip bingo game or any occasion that includes a strip bingo game:
(a) A bingo-raffle licensee may use any style of strip bingo game authorized by this part 6 or by the rules adopted pursuant to this part 6;
(b) The maximum prize for a strip bingo game must not exceed one thousand dollars;
(c) Both strip bingo games and traditional bingo games may be played during the same occasion; and
(d) The total amount of prizes awarded for all bingo games at a single occasion must not exceed fifteen thousand dollars.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 928, § 2, effective May 23. L. 2022: (7)(c) amended, (HB 22-1093), ch. 366, p. 2608, § 3, effective April 1, 2023. L. 2024: (3)(d) amended and (11) added, (HB 24-1326), ch. 420, p. 2868, § 7, effective June 5.
Editor's note: This section is similar to former § 12-9-107.1 as it existed prior to 2017.
24-21-619. Conduct of pull tabs - license revocation - rules - definitions. (1) A licensee shall not sell, offer for sale, or put into play any pull tab ticket except at the location of and during its licensed bingo occasions or upon premises that are:
(a) Owned, leased, or rented by the bingo-raffle licensee, used as its principal place of business, and controlled so that admittance to the premises is limited to the bingo-raffle licensee's members and bona fide guests; or
(b) Owned, leased, or rented by a landlord licensee.
(2) A bingo-raffle licensee may offer a prize to the purchaser of a last sale ticket in a pull tab game, deal, or series without regard to its winning or nonwinning status as revealed if broken or torn apart.
(3) A bingo-raffle licensee may offer one or more event pull tab series. For the purposes of this subsection (3):
(a) Event pull tab series means a pull tab series that includes a predetermined number of paper pull tabs that allow a player to advance to an event round.
(b) Event round means a secondary element of chance where the prizes are determined based on pull tabs that match specific winning numbers drawn in a bingo game and the winning numbers shall fall within numbers one to seventy-five, inclusive.
(4) (a) A bingo-raffle licensee may offer a progressive pull tab game in which a prize may be carried over and increased from one deal to another until a prize is awarded. The game may include a subsequent pull tab deal bearing a different serial number from that offered in a previous deal. A licensee shall not offer or give a prize greater, in amount or value, than five thousand dollars in any progressive pull tab game. The licensing authority may limit by rule the types of progressive pull tab games allowed to be sold by supplier licensees.
(b) When a deal of progressive pull tabs is received in two or more packages, boxes, or other containers, all of the progressive pull tabs from the respective packages, boxes, or other containers must be placed out for play at the same time.
(5) (a) A licensee shall not possess, use, sell, offer for sale, or put into play any computerized or electromechanical facsimile of a pull tab game.
(b) A licensee shall not possess, use, sell, offer for sale, or put into play any device that reveals the winning or nonwinning status of a pull tab ticket unless the device has been tested, approved, and licensed pursuant to subsection (6) of this section and not subsequently altered or tampered with.
(c) Any of the following persons that are found to have violated subsection (5)(a) of this section are subject to immediate and permanent revocation of all licenses issued under this part 6:
(I) The manufacturer of the device;
(II) The supplier through which the device was supplied;
(III) The landlord licensee on whose premises the device was found; and
(IV) The bingo-raffle licensee of the occasion during which the device was present.
(6) (a) The licensing authority shall test, inspect, and license every mechanical, electronic, or electromechanical device that reveals the winning or nonwinning status of a pull tab ticket before the device is used in charitable gaming. The licensing authority shall employ an independent contractor to conduct the tests and inspections, the cost of which shall be borne by the manufacturer or supplier seeking approval of the device. The licensing authority shall not issue a license for a device until the device is secured in a manner prescribed by the licensing authority and the contractor receives payment in full for the cost of all tests and inspections.
(b) Every person shipping or importing into Colorado a device subject to subsection (6)(a) of this section shall provide the licensing authority with a copy of the shipping invoice at the time of shipment. The invoice must contain, at a minimum, the destination of the shipment and the serial number and description of each device being transported.
(c) Every person receiving a device subject to subsection (6)(a) of this section shall, upon receipt of the device, provide the licensing authority with the serial number and description of each device received and information describing the location of each device. The requirements of this subsection (6)(c) apply regardless of whether the device is received from a licensed supplier or from any other source.
(d) A device licensed pursuant to this subsection (6) is licensed for and may only be used in one specific licensed location identified by the licensing authority. Any movement of the device from the licensed location for use at another licensed location shall be reported to and must be approved by the licensing authority in advance.
(e) The licensing authority may adopt rules and prescribe all necessary forms in furtherance of this subsection (6).
(f) Notwithstanding any other provision of this part 6, the licensing authority shall not license:
(I) A pull tab game that is stored, electronically or otherwise, within a device and designed to be played on such device; or
(II) Any device that qualifies as a slot machine pursuant to section 9 (4)(c) of article XVIII of the Colorado constitution.
(g) The prohibition contained in subsection (6)(f) of this section does not prohibit the licensing of:
(I) A device that merely dispenses pull tab tickets to players; or
(II) A device that merely reads or validates a pull tab ticket inserted by a player, if:
(A) The pull tab ticket itself displays its winning or nonwinning status so that use of the device is not required to determine such status; and
(B) The device cannot be used in a manner that would qualify it as a slot machine pursuant to section 9 (4)(c) of article XVIII of the Colorado constitution.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 932, § 2, effective May 23. L. 2022: IP(3) and (3)(a) amended, (HB 22-1093), ch. 366, p. 2608, § 4, effective April 1, 2023.
Editor's note: This section is similar to former § 12-9-107.2 as it existed prior to 2017.
24-21-620. Conduct of raffles - rules. (1) The licensing authority shall not require an exempt organization to use raffle tickets in any particular form or displaying any particular information that would cause undue expense to the exempt organization and therefore interfere with the charitable fund-raising drive of the organization.
(2) (a) A bingo-raffle licensee may offer a progressive raffle in which a jackpot may be carried over and increased from one drawing to another until the jackpot is awarded. If the jackpot is not awarded at a drawing, the bingo-raffle licensee shall conduct a new drawing at the same location at a time and date determined by the bingo-raffle licensee.
(b) A bingo-raffle licensee may award a consolation prize for a progressive raffle. The bingo-raffle licensee may designate the consolation prize as either a specified amount or a specified percentage of the gross proceeds collected from the sale of raffle tickets for a particular drawing. The bingo-raffle licensee may determine the amount of the jackpot based on the gross proceeds collected from the sale of raffle tickets for a particular drawing plus the value of the jackpot carried over from previous drawings in which the jackpot was not awarded. If a consolation prize is offered and the progressive prize is won, the licensee may opt to award the consolation prize for that particular drawing.
(c) If the bingo-raffle licensee offers a consolation prize, the bingo-raffle licensee shall, before the drawing:
(I) Designate the specific amount or specific percentage of the gross proceeds collected from the sale of raffle tickets that the consolation prize equals; and
(II) Conspicuously display the amount or percentage of the gross proceeds collected that the consolation prize equals.
(d) The licensing authority may establish by rule the maximum jackpot that a bingo-raffle licensee may award for a progressive raffle; except that, notwithstanding section 24-21-617 (5), the maximum jackpot must be at least fifteen thousand dollars. The maximum jackpot does not include the aggregate amount of consolation prizes awarded.
(e) The licensing authority may establish by rule the maximum number of progressive raffles that a bingo-raffle licensee may conduct simultaneously. To ensure that all prizes offered are timely awarded, the licensing authority may limit by rule the number of drawings that a bingo-raffle licensee may conduct before a jackpot must be awarded; except that the maximum number of drawings must be at least thirty.
(f) (I) The licensing authority may establish by rule the permitted methods of conducting a progressive raffle.
(II) The licensing authority may not prohibit those methods of conducting a progressive raffle in which the participant whose ticket number is drawn wins both a prize for the winning ticket number and a chance to win the jackpot.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 934, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-107.3 as it existed prior to 2017.
24-21-621. Persons permitted to manufacture and distribute games of chance equipment - reporting requirements. (1) A person other than a manufacturer licensee or licensed agent shall not act as a bingo-raffle manufacturer within Colorado. The manufacture of electronic devices used as aids in the game of bingo, and the printing of raffle tickets other than pull tabs, as designed and requested by a licensee, does not constitute the manufacture of games of chance equipment; except that such electronic devices are subject to the reporting requirements of subsections (4) and (5) of this section, and the fees established by the licensing authority in accordance with section 24-21-606 (2) and subsection (4) of this section.
(2) An individual shall not act for or represent a landlord, manufacturer, or supplier licensee with respect to an activity covered by such license unless such individual is the licensee's owner, officer, director, partner, member, or ten percent or more shareholder of record with the licensing authority, or is the manufacturer's or supplier's licensed agent. A manufacturer or supplier licensee shall not allow any person not authorized by this subsection (2) to represent it or serve as its agent with regard to any Colorado transaction.
(3) Except to the extent otherwise provided in section 24-21-615 (1), a manufacturer or supplier licensee or licensed agent shall not buy, receive, sell, lease, furnish, or distribute any pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, or other games of chance equipment from or to any person within Colorado other than manufacturer or supplier licensees or agents and bingo-raffle licensees; except that:
(a) A landlord licensee, supplier, or manufacturer or its agent may sell, donate, or distribute cards, sheets, equipment, or electronic devices used as aids in the game of bingo for the playing of bingo not for resale to nursing homes and other entities that distribute the cards, sheets, or electronic devices and allow playing of the game free of charge, without consideration given or received by any person for the privilege of playing; and
(b) A bingo-raffle licensee may sell or donate its used equipment to another bingo-raffle licensee.
(4) Every manufacturer and supplier licensee shall file, upon forms prescribed by the licensing authority, quarterly reports on its licensed activities within Colorado. The reports must be accompanied by quarterly fees established by the licensing authority in accordance with section 24-21-606 (2) and deposited in the department of state cash fund created in section 24-21-104 (3)(b). The reports shall be filed with the licensing authority no later than April 30, July 31, October 31, and January 31 of each year licensed, and each report must cover the preceding calendar quarter. Reports must enumerate by quantity, purchaser or lessee, and price the pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, and other games of chance equipment manufactured, conveyed, or distributed within Colorado or for use or distribution in Colorado and must include the licensee's total sales, including amounts realized from leases, of equipment and electronic devices used as aids in the game of bingo and the names and addresses of all Colorado suppliers or agents of the licensee and shall be signed and verified by the owner or the chief executive officer of the licensee. These quarterly reports are not public records as defined in section 24-72-202.
(5) Every manufacturer or supplier licensee, and every licensed agent for such licensee, shall keep and maintain complete and accurate records, in accord with generally accepted accounting principles, of all licensed activities. The records shall include invoices for all games of chance equipment or electronic devices used as aids in the game of bingo conveyed or distributed within Colorado, or for use or distribution in Colorado, which invoices are specific as to the nature, description, quantity, and serial numbers of the pull tabs, bingo cards or sheets, electronic devices used as aids in the game of bingo, and other equipment so conveyed or distributed. The records shall also show all receipts and expenditures made in connection with licensed activities, including, but not limited to, records of sales by dates, purchasers, and items sold or leased, monthly bank account reconciliations, disbursement records, and credit memos for any returned items. These records shall be maintained for a period of at least three years.
(6) A manufacturer or supplier licensee or licensed agent must not be a person responsible for or assisting in the conduct, management, or operation of any game of chance within Colorado.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 935, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-107.5 as it existed prior to 2017.
24-21-622. Bingo-raffle licensee's statement of receipts - expenses - fee - definitions. (1) (a) On or before April 30, July 31, October 31, and January 31 of each year, every bingo-raffle licensee shall file with the licensing authority upon forms prescribed by the licensing authority a duly verified statement covering the preceding calendar quarter showing the amount of the gross receipts derived during said periods from games of chance, the expenses incurred or paid, and a brief description of the classification of such expenses, the net proceeds derived from games of chance, and the uses to which such net proceeds have been or are to be applied. Each licensee shall maintain and keep such books and records as may be necessary to substantiate the particulars of each such report.
(b) Exempt organizations are not subject to the requirements of this subsection (1), except to the extent that they shall file with the licensing authority statements showing the amount of the gross proceeds from their fund-raising drives and identifying all organizations receiving portions of such proceeds and the amounts received by each such organization.
(2) (a) If a bingo-raffle licensee fails to file reports within the time required or if reports are not properly verified or not fully, accurately, and truthfully completed, any existing license may be suspended until such time as the default has been corrected.
(b) Exempt organizations are subject to the requirements of this subsection (2) only to the extent that such requirements apply to subsection (1)(b) of this section.
(3) (a) All money collected or received from the sale of admission, extra regular cards, bingo strip cards, special game cards, sale of supplies, and all other receipts from the games of traditional and strip bingo games, raffles, and pull tab games shall be deposited in a special checking or savings account, or both, of the licensee, which must contain only this money. If the licensee conducts progressive games of chance, the licensee may maintain one additional checking or savings account, which must contain only money received from the sale of progressive games. The licensee may withdraw money from these accounts only by consecutively numbered checks or withdrawal slips or by electronic transactions referenced by transaction number or date. A check or withdrawal slip must not be drawn to cash or a fictitious payee. The licensee shall maintain all of its books and records in accordance with generally accepted accounting principles.
(b) Exempt organizations are not subject to this subsection (3).
(4) No part of the net proceeds, after they have been given over to another organization, shall be used by the donee organization to pay any person for services rendered or materials purchased in connection with the conducting of bingo by the donor organization.
(5) No item of expense shall be incurred or paid in connection with holding, operating, or conducting a game of chance pursuant to a bingo-raffle license except bona fide expenses of a reasonable amount. Such expenses include those incurred in connection with all games of chance, for the following purposes:
(a) Advertising and marketing;
(b) Legal fees related to any action brought by the licensing authority against the bingo-raffle licensee in connection with games of chance;
(c) The purchase of goods, wares, and merchandise furnished to the licensee for the purpose of operating games of chance pursuant to this part 6;
(d) The purchase or lease of electronic devices used as aids in the game of bingo;
(e) Payment for services rendered that are reasonably necessary for repairs of equipment and operating or conducting games of chance;
(f) Rent, if the premises are rented, or for janitorial services if not rented;
(g) Accountant's fees; and
(h) License fees.
(6) (a) For the purposes enumerated in subsection (5) of this section, the following terms have the following meanings:
(I) Goods, wares, and merchandise means prizes, equipment, and articles of a minor nature.
(II) Services rendered means:
(A) The repair of equipment;
(B) Compensation to bookkeepers or accountants for services in preparing financial reports for a reasonable amount as determined by the licensing authority by rule. A landlord, manufacturer, or supplier licensee, or employee of a landlord, manufacturer, or supplier licensee, shall not act as a bookkeeper or accountant for a bingo-raffle licensee, nor shall a landlord, manufacturer, or supplier licensee offer or provide accounting or bookkeeping services in connection with the preparation of financial reports on bingo-raffle activities, except for the transfer or encoding of data necessitated by the sale, upgrade, or maintenance of accounting software sold or leased to a bingo-raffle licensee by a landlord, manufacturer, or supplier licensee. A landlord licensee that is also a bingo-raffle licensee may act as a bookkeeper or accountant on such licensee's own behalf.
(C) The rental of premises;
(D) A reasonable amount for janitorial service as determined by the licensing authority in rules for each occasion; and
(E) A reasonable amount for security expense based on established need as determined by the licensing authority in rules for each occasion.
(b) There shall be paid to the licensing authority an administrative fee, established in accordance with section 24-21-606 (2), upon the gross receipts of any game of chance held, operated, or conducted under this part 6; except that an exempt organization shall not be charged more than twenty dollars per year. All administrative fees collected by the licensing authority under this part 6 shall be deposited in the department of state cash fund created in section 24-21-104 (3)(b).
(7) Each licensee, at the time each financial report is submitted to the licensing authority, shall pay to the order of the licensing authority the amount of administration expense provided in subsection (6) of this section.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 937, § 2, effective May 23. L. 2022: (3)(a) amended, (HB 22-1093), ch. 366, p. 2608, § 5, effective April 1, 2023. L. 2024: (3)(a) amended, (HB 24-1326), ch. 420, p. 2868, § 8, effective June 5.
Editor's note: This section is similar to former § 12-9-108 as it existed prior to 2017.
24-21-623. Examination of books and records - rules. The licensing authority and its agents have power to examine or cause to be examined the books and records of any licensee to which any license is issued pursuant to this part 6 insofar as they may relate to any transactions connected with activities under the license. The licensing authority may require by rule that licensees that have failed to keep proper books and records, or to maintain their books and records in accordance with generally accepted accounting principles, adopt certain internal financial controls and attend training to ensure the integrity of the reporting of games of chance activities pursuant to this part 6.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 939, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-109 as it existed prior to 2017.
24-21-624. Forfeiture of license - ineligibility to apply for license. A person who makes a false statement in an application for a license or in any statement annexed thereto, fails to keep sufficient books and records to substantiate the quarterly reports required under section 24-21-622, falsifies any books or records insofar as they relate to any transaction connected with the holding, operating, and conducting of a game of chance under the license, or violates this part 6 or any term of the license, if convicted, in addition to suffering any other penalties that may be imposed, shall forfeit any license issued to it under this part 6 and is ineligible to apply for a license under this part 6 for no more than one year thereafter.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 939, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-110 as it existed prior to 2017.
24-21-625. Volunteer services - legislative declaration - immunity. (1) The Colorado constitution recognizes that the conduct of charitable gaming activities is directly related to the need of nonprofit organizations to fulfill their lawful purposes. Notwithstanding this recognition, however, the willingness of bingo-raffle volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk should a tort action be filed seeking damages arising from their volunteer activities.
(2) All bingo-raffle volunteers are immune from civil actions and liabilities pursuant to section 13-21-115.5, which provides that volunteers are not personally liable for their acts or omissions if they are acting in good faith and within the scope of their official function and duty for a charitable organization, with respect to such organization's conduct of games of chance. Bingo-raffle volunteers are not liable under this section if the harm is not caused by willful and wanton misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 940, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-111 as it existed prior to 2017.
24-21-626. Unfair trade practices. (1) The provisions of the Unfair Practices Act, article 2 of title 6, and the Colorado State Antitrust Act of 2023, article 4 of title 6, are specifically applicable to charitable gaming activities conducted by any licensee. Within thirty days after receiving a complaint alleging a violation of either of the acts, the licensing authority shall transmit the complaint to the attorney general.
(2) The licensing authority shall revoke the license of a licensee that violates any provision of article 2 of title 6 or article 4 of title 6 for a period of one year after the date of the finding of the violation. Upon the expiration of such period, the licensee may apply for the issuance of a new license.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 940, § 2, effective May 23. L. 2023: (1) amended, (HB 23-1192), ch. 427, p. 2518, § 3, effective June 7.
Editor's note: (1) This section is similar to former § 12-9-112 as it existed prior to 2017.
(2) Section 77 of chapter 427 (HB 23-1192), Session Laws of Colorado 2023, provides that the act changing this section applies to conduct occurring on or after June 7, 2023.
24-21-627. Common members - bingo-raffle licensees - definition. (1) For the purposes of this section, bingo-raffle licensee affiliate means the following:
(a) A person that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with, a bingo-raffle licensee specified; or
(b) A person that has an officer, director, member, manager, partner, games manager, salaried employee, or immediate family member in common with a bingo-raffle licensee.
(2) Proceeds from a bingo or raffle game that are transferred from a bingo-raffle licensee to a bingo-raffle licensee's affiliate shall not be used to pay the salary, remuneration, or expenses of any officer, director, member, manager, partner, games manager, or employee of such affiliate. The donee entity or organization shall deposit all such transferred proceeds in a segregated account that contains only such donations, and the transferred proceeds shall not be commingled with other funds of the donee entity or organization. The licensing authority and its agents may examine or cause to be examined the books and records of any donee entity or organization insofar as they may relate to account or to any transactions connected with bingo or raffle proceeds.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 940, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-112.5 as it existed prior to 2017.
24-21-628. Enforcement. It is the duty of all sheriffs and police officers to enforce this part 6, to receive complaints, to initiate investigations, and to arrest and complain against any person violating this part 6. It is the duty of the district attorney of the respective districts of this state to prosecute all violations of this part 6 in the manner and form as is now provided by law for the prosecutions of crimes and misdemeanors, and it is a violation of this part 6 for any such person knowingly to fail to perform his or her duty under this section.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 941, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-113 as it existed prior to 2017.
24-21-629. Penalties for violation. Every licensee and every officer, agent, or employee of the licensee and every other person or corporation who willfully violates or who procures, aids, or abets in the willful violation of this part 6 commits a petty offense and shall be punished as provided in section 18-1.3-503; except that, if the underlying factual basis of the violation constitutes a crime as defined by any other provision of law, then the person may be charged, prosecuted, and punished in accordance with such other provision of law.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 941, § 2, effective May 23. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3225, § 409, effective March 1, 2022.
Editor's note: This section is similar to former § 12-9-114 as it existed prior to 2017.
24-21-630. Colorado charitable gaming board - creation. (1) There is created, within the department of state, the Colorado charitable gaming board.
(2) The board consists of seven members, all of whom must be citizens of the United States who have been residents of the state for at least the past two years. A member must not have been convicted of a felony or gambling-related offense, notwithstanding section 24-5-101. No more than three of the seven members may be members of the same political party; except that the political party affiliation of the secretary of state's designee shall not be considered for purposes of determining compliance with this requirement. The secretary of state's designee shall convene the board's first meeting as soon as practicable but not later than sixty days after a majority of the seven board members are appointed in accordance with this section. At the first meeting of each fiscal year, a majority of the members must choose a chair and vice-chair of the board from the membership. Membership and operation of the board must additionally meet the following requirements:
(a) (I) Three members of the board must be bona fide members of a bingo-raffle licensee that is classified as a religious organization, a charitable organization, a labor organization, an educational organization, a veterans' organization, a fraternal organization, or a voluntary firefighter's organization; except that no more than one member shall be appointed from any one such classification;
(II) and (III) Repealed.
(IV) One member of the board must be a supplier licensee;
(V) One member of the board must be a landlord licensee;
(VI) One member of the board must be a registered elector of the state who is not employed by or an officer or director of a licensee, does not have a financial interest in any license, and does not have an active part in the conduct or management of games of chance by any bingo-raffle licensee; and
(VII) One member of the board must be the secretary of state's designee.
(b) (I) The governor shall appoint the three members of the board who are categorized as bona fide members of a bingo-raffle licensee.
(II) The governor shall appoint the member of the board who is a supplier licensee and the member of the board who is a landlord licensee.
(III) The secretary of state shall appoint the member of the board who is a registered elector and the member of the board who is the secretary of state's designee.
(c) All appointments are for terms of four years. No member of the board is eligible to serve more than two consecutive terms.
(d) Any vacancy on the board must be filled for the unexpired term in the same manner as the original appointment; except that, in the event of an extended vacancy of more than three meetings or the failure of the governor to appoint a new member within three months of the vacancy, the secretary of state may appoint a replacement member. The member appointed to fill such vacancy shall be from the same category described in subsection (2)(a) of this section as the member vacating the position.
(e) A member of the board having a direct personal or private interest in any matter before the board must disclose such fact on the board's record. Members may disqualify themselves for any cause deemed by them to be sufficient.
(f) The appointing officer shall terminate the term of any member of the board who misses more than two consecutive regular board meetings without good cause, or who no longer meets the requirements for membership imposed by this section. The member's successor must be appointed in the manner provided for appointments under this section.
(g) Board members are entitled to receive as compensation for their services seventy-five dollars for each day spent in the conduct of board business, not to exceed five hundred dollars per member per year, and are entitled to be reimbursed for necessary travel and other reasonable expenses incurred in the performance of their official duties.
(h) Prior to commencing a term of service, each person nominated to serve on the board, other than the secretary of state's designee, must file with the secretary of state a financial disclosure statement in the form required and prescribed by the licensing authority and as commonly used for other Colorado boards and commissions. Such statement must be renewed as of each January 1 during the member's term of office.
(i) The board shall hold at least six meetings each year and such additional meetings as the members may deem necessary. In addition, special meetings may be called by the chair, any three board members, or the licensing authority if written notification of the meeting is delivered to each member at least seventy-two hours before the meeting. Notwithstanding section 24-6-402, in emergency situations in which a majority of the board certifies that exigencies of time require that the board meet without delay, the requirements of public notice and of seventy-two hours' actual advance written notice to members may be dispensed with, and board members as well as the public must receive such notice as is reasonable under the circumstances.
(j) A majority of the board constitutes a quorum, and the concurrence of a majority of the members present is required for any final determination by the board.
(k) The board shall keep a complete and accurate record of all its meetings.
(l) A majority of the board constitutes a quorum, but the concurrence of a majority of all members is required for any final action or determination by the board.
(m) The members of the board may invite additional individuals and representatives of entities to attend working group meetings and participate in such meetings as nonvoting members of the board.
(n) The secretary of state may employ staff to assist the board in carrying out its duties and to ensure that the board maintains its regular meeting schedule set forth in subsection (2)(i) of this section.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 941, § 2, effective May 23. L. 2024: (1), IP(2), (2)(a)(I), (2)(a)(V), (2)(a)(VI), (2)(b), (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), and (2)(i) amended, (2)(a)(II) and (2)(a)(III) repealed, and (2)(a)(VII), (2)(l), (2)(m), and (2)(n) added (HB 24-1326), ch. 420, p. 2869, § 9, effective June 5.
Editor's note: This section is similar to former § 12-9-201 as it existed prior to 2017.
24-21-631. Board - duties. (1) In addition to any other duties set forth in this part 6, the board shall:
(a) Conduct a continuous study of charitable gaming throughout the state for the purpose of improving charitable gaming and ascertaining any defects in this part 6 or in the rules promulgated pursuant to this part 6; and
(b) Commencing on and after January 1, 2025, at the discretion of the board, submit a report to the general assembly containing recommendations for changes to this part 6, which report shall be submitted on or before October 31, 2025, and on or before October 31 of each year thereafter.
(2) The licensing authority is encouraged to collaborate with the board on proposals developed by the board concerning subjects including but not limited to:
(a) The types of charitable gaming activities to be conducted, the existing rules and potential new rules for those activities, and the number of occasions per year upon which a licensee may hold, operate, or conduct a game of bingo or lotto;
(b) The types of charitable gaming activities to be conducted in the future based upon a continuing review of the available state-of-the-art equipment in Colorado and other states and the policies and procedures approved and implemented by other states for the conduct of charitable gaming activities, provided that no new type of charitable gaming activity is recommended by the board for approval for licensing or play, or approved by the licensing authority for licensing or play, that does not comport with the limitations of section 2 (3) of article XVIII of the state constitution concerning the conduct only of the specific game of chance commonly known as bingo or lotto or the specific game of chance commonly known as raffles; and
(c) An annual review of at least ten percent of all charitable gaming rules and a complete review of all charitable gaming rules every five years.
(3) The board shall offer advice to the licensing authority upon subjects including but not limited to:
(a) The requirements, qualifications, and grounds for the issuance of all types of permanent and temporary licenses required for the conduct of charitable gaming;
(b) The requirements, qualifications, and grounds for the revocation, suspension, and summary suspension of all licenses required for the conduct of charitable gaming;
(c) Activities that constitute fraud, cheating, or illegal activities;
(d) The granting of licenses with special conditions or for limited periods, or both;
(e) The establishment of a schedule of reasonable fines to be assessed for violations of this part 6 or any rule adopted pursuant to this part 6;
(f) The amount of fees for licenses issued by the licensing authority and for the performance of administrative services pursuant to this part 6;
(g) The establishment of criteria under which a person may serve as a games manager;
(h) The content and conduct of classes or training seminars to benefit bingo-raffle charitable licensees, officers, and volunteers to better account for funds collected from games of chance;
(i) Standardized rules, procedures, and policies to clarify and simplify the auditing of licensees' records; and
(j) The conditions for a licensee's plan for disposal of any equipment and the distribution of any remaining net proceeds upon termination of a bingo-raffle license for the licensee's failure to timely or sufficiently renew such license.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 943, § 2, effective May 23. L. 2024: Entire section R&RE, (HB 24-1326), ch. 420, p. 2871, § 10, effective June 5.
Editor's note: This section is similar to former § 12-9-202 as it existed prior to 2017.
24-21-632. Repeal of part - review of functions. This part 6 is repealed, effective September 1, 2031. Before the repeal, the licensing functions of the licensing authority and the functions of the Colorado charitable gaming board in the department of state are scheduled for review in accordance with section 24-34-104.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 944, § 2, effective May 23. L. 2024: Entire section amended, (HB 24-1326), ch. 420, p. 2873, § 11, effective June 5.
Editor's note: This section is similar to former § 12-9-301 as it existed prior to 2017.
ARTICLE 22
State Treasurer
Editor's note: This article was numbered as article 3 of chapter 132, C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
24-22-101. Oath or affirmation - bond and sureties - conditions of bond. (1) On or before the second Tuesday in January after his or her election, the state treasurer shall take an oath or affirmation in accordance with section 24-12-101 and shall give a bond to the people of the state of Colorado in the sum of one million dollars, with not less than ten individual sureties or one or more surety companies authorized to do business in this state. The bond and each surety shall be approved by the governor and the attorney general and held in the custody of the secretary of state.
(2) The conditions of said bond shall be in substance that the state treasurer and all persons employed in the treasury department under his supervision shall faithfully discharge their respective duties and trusts and that the state treasurer shall be held responsible against all risks and losses whatsoever for all state moneys coming into his hands or received by the treasury department.
(3) If the bond is furnished by one or more surety companies, the entire premium therefor shall be paid by the state, and the general assembly shall appropriate the amount thereof.
(4) Whenever the governor, with the concurrence of the attorney general, deems the surety on said bond to be insufficient for the said sum of one million dollars, he may demand, and the state treasurer shall give, additional bond with sureties, at the cost of the state, to be approved by the governor and the attorney general.
Source: L. 71: R&RE, p. 1236, § 1. C.R.S. 1963: § 132-3-1. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 696, § 19, effective August 8.
Cross references: (1) For general bond requirements, see § 24-2-104; for the salary of the state treasurer, see § 24-9-101; for discretionary funds of the state treasurer, see § 24-9-105; for the election of the state treasurer, see § 3 of art. IV, Colo. Const., and § 1-4-204.
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
24-22-102. State treasurer may administer oaths. The state treasurer has power to administer all oaths and affirmations required by law in matters concerning the duties of his office.
Source: L. 71: R&RE, p. 1237, § 1. C.R.S. 1963: § 132-3-2.
24-22-103. Seal of office. The state treasurer shall keep a seal of office, which shall be used to authenticate all writings, instruments, and documents certified from his office.
Source: L. 71: R&RE, p. 1237, § 1. C.R.S. 1963: § 132-3-3.
24-22-104. Access to all state offices. The state treasurer shall have full and free access to the offices of all departments, institutions, and agencies of the state government for the inspection and examination of such books, records, accounts, and papers as concern any of his duties.
Source: L. 71: R&RE, p. 1237, § 1. C.R.S. 1963: § 132-3-4.
24-22-105. Acceptance of gifts, legacies, and devises - display by state historical society permitted. (1) The state treasurer shall accept gifts, legacies, and devises of money and other property to the state, in the name of and on behalf of the state, with the approval of the governor and subject to the disposition thereof by the general assembly in accordance with the direction of the donor or devisor.
(2) The state treasurer is authorized to loan to the state historical society any items presented to the governor as gifts to the state that the treasurer has accepted pursuant to subsection (1) of this section. The state historical society may display the items at the state museum or at similar or related venues across the state.
Source: L. 71: R&RE, p. 1237, § 1. C.R.S. 1963: § 132-3-5. L. 2014: Entire section amended, (HB 14-1286), ch. 132, p. 460, § 1, effective August 6.
24-22-106. Care of records - delivery to successor in office. The state treasurer shall exercise diligence and care in the safekeeping and preservation of all books, records, papers, documents, and other things pertaining to his office and in the custody and safekeeping of all securities of which he is the official custodian and shall deliver the same to his successor in office or to any person authorized by law to receive the same.
Source: L. 71: R&RE, p. 1237, § 1. C.R.S. 1963: § 132-3-6.
24-22-107. Duties and powers of state treasurer. (1) The state treasurer shall prepare and submit to the governor a quarterly report showing the condition of the state treasury, the amount of state moneys on hand and on deposit, the amount of securities held in custody, a list of the funds and accounts carried on the records of the treasury department, and such other information as he may deem appropriate.
(2) He shall furnish information in writing to the governor or either house of the general assembly, whenever requested, upon any subject pertaining to the treasury department or touching upon any duty of his office.
(3) Repealed.
(4) He may issue publications circulated in quantity outside the executive branch of state government in accordance with the provisions of section 24-1-136.
(5) He shall perform any other duty which may be required by law.
(6) The state treasurer shall be the state's cash management officer responsible for the efficient management of all state cash and shall perform the duties necessary to carry out such function, in consultation with the governor.
(6.5) The state treasurer may provide technical assistance to any state or local governmental entity, upon the request of such entity, concerning the efficient management of the entity's public funds. Such technical assistance may include, but is not limited to, providing advice or recommendations relative to cash management, investments, and banking services. The treasurer shall not be liable to any state or local governmental entity for any loss of public funds resulting from the technical assistance provided to such entity by the treasurer if the treasurer, in the good faith performance of the treasurer's duties as a public official, has complied with the standards established in part 6 of article 75 of this title for the investment of public funds in securities. A state or local governmental entity may reimburse the treasurer for any reasonable travel expenses incurred by the treasurer in providing technical assistance pursuant to this subsection (6.5) to such state or local governmental entity.
(7) The state treasurer shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
Source: L. 71: R&RE, p. 1237, § 1. C.R.S. 1963: § 132-3-7. L. 83: (3) and (4) amended, p. 834, § 40, effective July 1. L. 90: (6) added, p. 1183, § 1, effective May 23. L. 94: (7) added, p. 565, § 10, effective April 6. L. 99: (3) repealed, p. 687, § 6, effective August 4. L. 2000: (6.5) added, p. 897, § 1, effective August 2.
Cross references: For the duty of the state treasurer as custodian of the unemployment compensation fund, see § 8-77-101; for the duty to invest the moneys in the risk management fund, see § 24-30-1511; for the duty to report on the amount of money in the lottery fund and to invest such fund, see § 24-35-210 (3) and (6); for the duty to invest state moneys, see § 24-75-208; for duties under the Funds Management Act of 1986, see part 9 of article 75 of this title; for the duty to report on the amount of money in the state highway supplementary fund, see § 43-1-219.
24-22-108. Willful neglect of duty - penalty. If the state treasurer willfully neglects or refuses to perform any duty imposed upon him by law, or is guilty of bribery, compensation for past official behavior, soliciting unlawful compensation, or trading in public office, or accepts or receives any fee or reward not allowed by law for the performance of any legal duty, or knowingly does any act not authorized by law or in any manner other than as required by law, he is guilty of a misdemeanor in office and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, and, upon any such conviction, the court may adjudge that he be removed from office.
Source: L. 71: R&RE, p. 1238, § 1. C.R.S. 1963: § 132-3-8. L. 72: p. 568, § 48.
24-22-109. Willful refusal to pay warrant or check - penalty. If the state treasurer willfully refuses to pay any warrant or any check lawfully drawn upon him or her, the state treasurer shall forfeit and pay to the holder thereof four times the amount thereof, which forfeiture may be recovered by action of debt against the state treasurer and the sureties on his or her official bond, or otherwise according to law, and the state treasurer commits a class 2 misdemeanor.
Source: L. 71: R&RE, p. 1238, § 1. C.R.S. 1963: § 132-3-9. L. 2014: Entire section amended, (HB 14-1391), ch. 328, p. 1449, § 4, effective June 5. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3225, § 410, effective March 1, 2022.
24-22-110. Personal profit on state money unlawful - penalty. A person holding the office of state treasurer or a person employed in the department of the treasury who, directly or indirectly, accepts or receives from any other person, for himself or herself or otherwise than on behalf of the state, any fee, reward, or compensation, either in money or other property or thing of value, in consideration of the deposit or investment of state money with any other person or in consideration of any agreement or arrangement touching upon the use of state money commits a class 5 felony and shall be punished as provided in section 18-1.3-401.
Source: L. 71: R&RE, p. 1238, § 1. C.R.S. 1963: § 132-3-10. L. 73: p. 172, § 3. L. 77: Entire section amended, p. 879, § 50, effective July 1, 1979. L. 89: Entire section amended, p. 844, § 109, effective July 1. L. 2002: Entire section amended, p. 1531, § 242, effective October 1. L. 2023: Entire section amended, (HB 23-1293), ch. 298, p. 1796, § 62, effective October 1.
Editor's note: (1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
(2) Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after October 1, 2023.
Cross references: (1) For a similar provision, see § 24-30-202 (15).
(2) For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
24-22-111. Unlawful acts of other persons - penalty. Any person who, directly or indirectly, pays or gives to any person holding the office of state treasurer or to any person employed in the treasury department under the supervision of the state treasurer any fee, reward, or compensation, either in money or other property or thing of value, in consideration of the deposit or investment of state moneys with any person or in consideration of any agreement or arrangement touching upon the use of state moneys commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Source: L. 71: R&RE, p. 1238, § 1. C.R.S. 1963: § 132-3-11. L. 77: Entire section amended, p. 879, § 51, effective July 1, 1979. L. 89: Entire section amended, p. 844, § 110, effective July 1. L. 2002: Entire section amended, p. 1531, § 243, effective October 1.
Editor's note: The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
Cross references: (1) For a similar provision, see § 24-30-202 (16).
(2) For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
24-22-112. Power of state treasurer to issue and sell notes. (Repealed)
Source: L. 84: Entire section added, p. 739, § 2, effective April 22. L. 86: Entire section repealed, p. 970, § 2, effective July 1.
24-22-113. Power of state treasurer to loan money to the Colorado financial reporting system project - repeal. (Repealed)
Source: L. 90: Entire section added, p. 1183, § 2, effective May 23. L. 95: (1) amended, p. 640, § 33, effective July 1. L. 96: (1) amended, p. 1516, § 49, effective June 1.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1998. (See L. 90, p. 1183.)
24-22-114. Business training and promotion cash fund - repeal. (Repealed)
Source: L. 97: Entire section added, p. 1485, § 2, effective July 1.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1998. (See L. 97, p. 1485.)
24-22-115. Tobacco litigation settlement cash fund - health-care supplemental appropriations and overexpenditures account - creation. (1) (a) There is hereby created in the state treasury the tobacco litigation settlement cash fund. The cash fund consists of all moneys transmitted to the state treasurer in accordance with the terms of the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver. Except as provided in subsection (2) of this section, all interest derived from the deposit and investment of moneys in the cash fund shall be credited to the cash fund; except that, beginning with the fiscal year 2001-02, and each fiscal year thereafter, all interest derived from the deposit and investment of moneys in the cash fund shall be credited to the breast and cervical cancer prevention and treatment fund created pursuant to section 25.5-5-308, C.R.S. Except as provided in subsection (2) of this section, all moneys in the cash fund shall be subject to appropriation by the general assembly for such purposes as may be authorized by law in accordance with the terms of the settlement agreements and the consent decree.
(b) Except as otherwise provided in subsection (1)(d) of this section, on and after July 1, 2011, all unexpended and unencumbered moneys in the cash fund shall remain in the fund until expended in order to reduce the share of allocations made from current-year receipts of settlement moneys as required by section 24-75-1104.5 (1.3).
(c) and (d) Repealed.
(2) (a) There is hereby created in the state treasury, as an account within the tobacco litigation settlement cash fund established pursuant to subsection (1) of this section, the tobacco settlement defense account, which shall be used by the department of law: To defend the state in lawsuits arising out of challenges to or arising under the provisions of the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver, or duly enacted Colorado laws related to the tobacco litigation settlement, including, but without limitation, this section, section 24-22-116, and parts 2 and 3 of article 28 of title 39, C.R.S.; to defend the state against claims of entitlement to tobacco litigation settlement moneys by any person, as defined in section 2-4-401 (8), C.R.S.; to enforce and defend all rights and obligations of the state under said settlement agreements, decree, or laws; and to resolve any dispute with any participating manufacturer, as defined in section 39-28-302 (6), C.R.S., or nonparticipating manufacturer, as defined in section 39-28-302 (5), C.R.S., that arises under the provisions of said settlement agreements, decree, or laws. The tobacco settlement defense account may also be used by the department of revenue to help administer, coordinate, and support the activities of the department of revenue and the department of law, including the investigation of and response to settlement agreement manufacture and distribution reporting irregularities identified by the department of law. Notwithstanding the provisions of subsection (1) of this section, the tobacco settlement defense account consists of all tobacco litigation settlement moneys received by the attorney general and transmitted to the state treasurer to compensate the state for attorney fees, court costs, or other expenses incurred by the state in obtaining the tobacco litigation settlement, all tobacco litigation settlement moneys transferred to the account as required by section 24-75-1104.5 (1.7)(i), and all interest derived from the deposit and investment of moneys in the tobacco settlement defense account. Any moneys received by the state treasurer to compensate the state for attorney fees, court costs, or other expenses, including all interest derived from the deposit and investment of such moneys after receipt by the state treasurer, shall be transferred to the tobacco settlement defense account for use in accordance with the provisions of this subsection (2).
(b) All money in the tobacco settlement defense account is subject to annual appropriation by the general assembly to the department of law and the department of revenue. Notwithstanding the provisions of subsection (1) of this section, at the end of any fiscal year, all unexpended and unencumbered money and all money not appropriated for the following fiscal year in the tobacco settlement defense account remain in the tobacco settlement defense account to be used for the purposes set forth in this subsection (2).
(c) to (g) Repealed.
(3) (Deleted by amendment, L. 2007, p. 141, § 1, effective March 22, 2007.)
(4) and (5) Repealed.
Source: L. 99: Entire section added, p. 192, § 1, effective March 31; entire section amended, p. 1402, § 1, effective June 5. L. 2000: Entire section amended, p. 756, § 1, effective May 23. L. 2001, 2nd Ex. Sess.: (1) amended, p. 8, § 1, effective November 1. L. 2002: (2)(c) added, p. 153, § 9, effective March 27. L. 2003: (2)(d) added, p. 461, § 1, effective March 5; (1) amended, p. 2543, § 2, effective June 5; (1) amended and (2)(e) and (2)(f) added, pp. 2560, 2561, §§ 1, 2, effective June 5; (1) amended, p. 2501, § 2, effective June 5. L. 2004: (1) amended and (3) added, p. 1705, § 1, effective June 4; (1) amended, p. 1566, § 3, effective January 1, 2005. L. 2006: (1) and (3) amended, p. 1036, § 5, effective May 25; (1) amended, p. 2007, § 70, effective July 1. L. 2007: (1) and (3) amended, p. 141, § 1, effective March 22; (2)(a) amended, p. 1262, § 1, effective May 25; (4) added, p. 1996, § 1, effective June 1. L. 2008: (4)(a) amended, p. 388, § 1, effective April 10. L. 2009: (4)(a) amended, (HB 09-1223), ch. 103, p. 379, § 1, effective April 3; (1)(b) amended, (SB 09-210), ch. 124, p. 528, § 1, effective April 16; (2)(g) added, (HB 09-1173), ch. 372, p. 2016, § 1, effective August 5. L. 2011: (1)(b) amended, (SB 11-225), ch. 189, p. 728, § 1, effective May 19; (4)(c) added, (SB 11-226), ch. 190, p. 733, § 2, effective May 19. L. 2012: (1)(b) amended, (HB 12-1247), ch. 53, p. 192, § 2, effective March 22. L. 2013: (2)(a) amended, (HB 13-1180), ch. 200, p. 812, § 1, effective May 11. L. 2015: (2)(a) and (2)(b) amended, (SB 15-188), ch. 103, p. 298, § 1, effective April 16. L. 2016: (1) and (2)(a) amended and (2)(c), (2)(d), (2)(e), (2)(f), and (4) repealed, (HB 16-1408), ch. 153, pp. 462, 472, § § 5, 26, effective July 1. L. 2018: (1)(c) added, (SB 18-280), ch. 409, p. 2400, § 1, effective June 6. L. 2020: (1)(b) and (2)(b) amended and (1)(d) added, (HB 20-1380), ch. 170, p. 780, § 1, effective June 29. L. 2022: (2)(b) amended, (SB 22-212), ch. 421, p. 2977, § 53, effective August 10. L. 2024: (5) added, (HB 24-1208), ch. 16, p. 42, § 2, effective March 6.
Editor's note: (1) Section 4 of chapter 181, Session Laws of Colorado 2000, provides that the act amending this section applies to all moneys transmitted to the state treasurer before, on, or after May 23, 2000, to compensate the state for attorney fees, court costs, and other expenses incurred by the state in obtaining the tobacco litigation settlement.
(2) Amendments to subsection (1) by Senate Bill 03-268, Senate Bill 03-282, and Senate Bill 03-342 were harmonized. Amendments to subsection (1) by House Bill 06-1310 and Senate Bill 06-219 were harmonized.
(3) Subsection (2)(g)(II) provided for the repeal of subsection (2)(g), effective July 1, 2011. (See L. 2009, p. 2016.)
(4) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective July 1, 2019. (See L. 2018, p. 2400.)
(5) Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective July 1, 2021. (See L. 2020, p. 780.)
(6) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2025. (See L. 2024, p. 42.)
24-22-115.5. Legislative declaration - tobacco litigation settlement trust fund - creation. (Repealed)
Source: L. 99: Entire section added, p. 1403, § 2, effective June 5. L. 2000: (2) amended and (3) added, p. 595, § 4, effective May 18. L. 2002: (2) amended, p. 564, § 7, effective May 24. L. 2003: (2) amended, p. 461, § 2, effective March 5; (2) amended and (3)(a.5) added, pp. 2544, 2547, §§ 3, 4, effective June 5. L. 2004: (2)(a)(II), (2)(a)(III), and (2)(a.7)(I) amended and (2)(d) added, p. 1706, § 2, effective June 4. L. 2006: (2)(a.7)(I) amended, p. 1037, § 6, effective May 25. L. 2007: (2)(a)(II) amended, p. 142, § 2, effective March 22. L. 2016: Entire section repealed, (HB 16-1408), ch. 153, p. 472, § 26, effective July 1.
Editor's note: (1) Subsection (2)(a.5)(III) provided for the repeal of subsection (2)(a.5), effective December 15, 2003. (See L. 2003, p. 2544.)
(2) Subsections (2)(a.5)(II), (2)(a.7)(II)(E), (2)(a.7)(III)(B), and (2)(b)(II)(B) provided for the repeal of subsections (2)(a)(IV), (2)(a.7)(II), (2)(a.7)(III), and (2)(b)(II), respectively, effective December 15, 2003, unless the state treasurer and the tobacco litigation settlement financing corporation entered into at least one property sale contract pursuant to article 82.5 of this title. No such contract had been entered into as of December 15, 2003. (See L. 2003, p. 2544.)
24-22-115.6. Miscellaneous tobacco litigation settlement moneys. (1) Notwithstanding the provisions of section 24-22-115, any tobacco litigation settlement moneys received by the state are subject to appropriation by the general assembly if the purpose for which the moneys may be expended is not specified or approved by a court or other non-Colorado authority.
(2) When any agency of state government proposes that any tobacco litigation settlement moneys are custodial in nature, the agency shall notify the joint budget committee in writing and shall explain the basis for determining that the moneys are custodial and shall set forth the purpose for which the agency intends to expend such moneys.
Source: L. 99: Entire section added, p. 1403, § 2, effective June 5. L. 2000: Entire section amended, p. 758, § 3, effective May 23. L. 2016: (1) amended, (HB 16-1408), ch. 153, p. 463, § 6, effective July 1.
Editor's note: Section 4 of chapter 181, Session Laws of Colorado 2000, provides that the act amending this section applies to all moneys transmitted to the state treasurer before, on, or after May 23, 2000, to compensate the state for attorney fees, court costs, and other expenses incurred by the state in obtaining the tobacco litigation settlement.
24-22-116. Legislative declaration - exclusion of tobacco litigation settlement moneys from fiscal year spending. (1) The general assembly hereby finds and declares that:
(a) In 1992, the voters of this state approved section 20 of article X of the state constitution, which limits fiscal year spending of state government;
(b) Section 20 (2)(e) of article X defines fiscal year spending to include all revenues and expenditures except those for refunds and those from certain sources, such as federal funds and damage awards;
(c) In exercising its legislative prerogative to enact legislation to implement section 20 of article X as it relates to state government, the general assembly enacted article 77 of this title during the 1993 regular session;
(d) As part of this implementing legislation, the general assembly defined certain terms that were necessary for the implementation of section 20 of article X but were not defined by the constitutional provision;
(e) The general assembly defined damage award to include any pecuniary compensation received by the state as a result of any judgment or allowance in favor of the state;
(f) The exclusion from state fiscal year spending of monetary awards to the state as the result of court action is consistent with the purpose of section 20 of article X, which is to protect taxpayers from unwarranted tax increases, since such monetary awards are not revenue raised by the state from taxpayers;
(g) The inclusion in state fiscal year spending of revenue over which the state has no control might imperil other state projects and programs, since fluctuations in such revenue can cause the state to exceed its constitutional spending limit and the refund of excess revenue could take away from another part of the state's budget;
(h) Due to this potential impact, the inclusion of such monetary awards in state fiscal year spending would discourage or prevent the state from pursuing legal action to protect the state's interests as authorized by law;
(i) All of the moneys received by the state in accordance with the terms of the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver, and credited to the tobacco litigation settlement cash fund created in section 24-22-115 (1), including moneys transferred to the tobacco settlement defense account created in said cash fund pursuant to section 24-22-115 (2), are in settlement of the state of Colorado's antitrust, consumer protection, public nuisance, racketeering, and other statutory claims for relief against defendants in said action;
(j) (I) The moneys received by the state in accordance with said master settlement agreements and said consent decree are in settlement of nine statutory claims for relief made by the state against defendants in said action, three of which were based upon violations of the Colorado Consumer Protection Act, two of which were based upon violations of the Colorado Organized Crime Control Act, two of which were based upon violations of state public nuisance statutes, and only one of which was based upon violations of the Colorado Antitrust Act of 1992 and the impact of such violations on increased health-care costs and expenditures of the state; and
(II) The state will take any legal action necessary to oppose any claim of the federal government to any portion of the moneys received by the state in accordance with said master settlement agreements and said consent decree for claims not related to such increased health-care costs and expenditures and for any amount of such moneys in excess of federal payments made for such increased health-care costs and expenditures;
(k) Monetary awards to the state as the result of said court action, including those distributed to local governments, satisfy the definition of damage awards and therefore are excluded from fiscal year spending.
(2) (a) (I) For purposes of section 20 of article X of the state constitution and article 77 of this title, any moneys credited to the tobacco litigation settlement cash fund in accordance with section 24-22-115 (1), including moneys transferred to the tobacco settlement defense account created in said cash fund pursuant to section 24-22-115 (2), are damage awards, as defined in section 24-77-102 (2), or interest accruing on such damage awards. Any moneys credited to or expended from the tobacco litigation settlement cash fund, including the tobacco settlement defense account, are not included in state fiscal year spending, as defined in section 24-77-102 (17), for any state fiscal year.
(II) Repealed.
(b) For purposes of section 20 of article X of the state constitution and article 77 of this title, any moneys expended from the tobacco litigation settlement cash fund created in section 24-22-115 (1), including the tobacco settlement defense account created in said cash fund pursuant to section 24-22-115 (2), and received by any local government are damage awards or interest accruing on such damage awards and are not included in the fiscal year spending of the receiving local government for any budget year.
Source: L. 99: Entire section added, p. 192, § 1, effective March 31; (1)(i) and (2) amended, p. 1404, § 3, effective June 5. L. 2000: (1)(i) and (2) amended, p. 757, § 2, effective May 23. L. 2003: (2)(a) amended, p. 2547, § 5, effective June 5. L. 2016: (1)(i), (2)(a)(I), and (2)(b) amended, (HB 16-1408), ch. 153, p. 464, § 7, effective July 1.
Editor's note: (1) Section 4 of chapter 181, Session Laws of Colorado 2000, provides that the act amending subsections (1)(i) and (2) applies to all moneys transmitted to the state treasurer before, on, or after May 23, 2000, to compensate the state for attorney fees, court costs, and other expenses incurred by the state in obtaining the tobacco litigation settlement.
(2) Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II), effective December 15, 2003, unless the state treasurer and the tobacco litigation settlement financing corporation entered into at least one property sale contract pursuant to article 82.5 of this title. No such contract had been entered into as of December 15, 2003. (See L. 2003, p. 2547.)
Cross references: For the Colorado Consumer Protection Act, see article 1 of title 6; for the Colorado Organized Crime Control Act, see article 17 of title 18; for the Colorado Antitrust Act of 1992, see article 4 of title 6.
24-22-117. Tobacco tax cash fund - accounts - creation - legislative declaration. (1) (a) There is hereby created in the state treasury the tobacco tax cash fund, which fund is referred to in this section as the cash fund. The cash fund consists of money collected from the cigarette and tobacco taxes imposed pursuant to section 21 of article X of the state constitution and money transferred in accordance with section 24-22-118 (2). All interest and income derived from the deposit and investment of money in the cash fund shall be credited to the cash fund; except that all interest and income derived from the deposit and investment of money in the cash fund during the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years shall be credited to the general fund. Any unexpended and unencumbered money remaining in the cash fund at the end of a fiscal year shall remain in the cash fund and shall not be credited or transferred to the general fund or any other fund, except as otherwise provided in this section.
(b) Repealed.
(c) For each fiscal year from the 2004-05 fiscal year through the 2007-08 fiscal year and for the 2012-13 fiscal year and each fiscal year thereafter, the general assembly shall annually appropriate three percent of the moneys estimated to be deposited in that fiscal year into the cash fund, plus three percent of the interest and income earned on the deposit and investment of moneys in the cash fund, and, for the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years, the general assembly shall annually appropriate three percent of the moneys estimated to be deposited in that fiscal year into the cash fund, for health-related purposes to provide revenue for the state's general fund and the old age pension program and for municipal and county governments to compensate proportionately for tax revenue reductions attributable to lower cigarette and tobacco sales resulting from the implementation of the tax imposed pursuant to section 21 of article X of the state constitution, as follows:
(I) (A) Twenty percent of the moneys specified in this paragraph (c) to the state's general fund for health-related purposes.
(B) Beginning in fiscal year 2006-07 and for fiscal year 2007-08 through fiscal year 2010-11, of the moneys specified in sub-subparagraph (A) of this subparagraph (I), fifty percent shall be appropriated for the purposes of providing immunizations performed by county or district public health agencies in areas that were served by county public health nursing services prior to July 1, 2008, and fifty percent shall be appropriated to the pediatric specialty hospital fund, created in paragraph (e) of subsection (2) of this section, for the purposes of augmenting hospital reimbursement rates for regional pediatric trauma centers as defined in section 25-3.5-703 (4)(f), C.R.S., under the Colorado Medical Assistance Act, articles 4, 5, and 6 of title 25.5, C.R.S.
(B.5) Beginning in fiscal year 2011-12 and for each fiscal year thereafter, of the moneys specified in sub-subparagraph (A) of this subparagraph (I), fifty percent shall be appropriated for the purposes of providing immunizations performed by county or district public health agencies in areas that were served by county public health nursing services prior to July 1, 2008, and fifty percent shall be appropriated for expenditures in the children's basic health plan created in article 8 of title 25.5, C.R.S.
(C) Repealed.
(II) Fifty percent of the moneys specified in this paragraph (c) to provide health-related services under the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, C.R.S., for persons who qualify to receive old age pensions; and
(III) Thirty percent of the moneys specified in this paragraph (c) to the department of revenue to be apportioned to municipal and county governments in amounts consistent with the provisions of section 39-22-623, C.R.S.
(2) There are created in the state treasury the following funds:
(a) (I) The health care expansion fund to be administered by the department of health care policy and financing. The state treasurer and the controller shall transfer an amount equal to forty-six percent of the moneys deposited into the cash fund, plus forty-six percent of the interest and income earned on the deposit and investment of moneys in the cash fund, to the health care expansion fund; except that, for fiscal year 2004-05, the state treasurer and the state controller shall transfer an amount equal to forty-six percent of the moneys deposited into the cash fund less the amount of money sufficient to fund the reinstatement of medical assistance benefits for legal immigrants as provided for in House Bill 05-1086, enacted at the first regular session of the sixty-fifth general assembly, and except that, for the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years, the state treasurer and the controller shall transfer to the health care expansion fund only an amount equal to forty-six percent of the moneys deposited into the cash fund. All interest and income derived from the deposit and investment of moneys in the health care expansion fund shall be credited to the health care expansion fund; except that all interest and income derived from the deposit and investment of moneys in the health care expansion fund during the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years shall be credited to the general fund. Any unexpended and unencumbered moneys remaining in the health care expansion fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
(II) Except as provided in subsection (2)(a)(III) of this section, for fiscal year 2005-06 and each fiscal year thereafter, money in the health care expansion fund shall be annually appropriated by the general assembly to the department of health care policy and financing for the following purposes:
(A) To increase eligibility in the children's basic health plan, article 8 of title 25.5, C.R.S., for children and pregnant women from one hundred eighty-five percent to two hundred percent of the federal poverty line;
(B) To remove the asset test under the medical assistance program, articles 4, 5, and 6 of title 25.5, C.R.S., for children and families;
(C) To expand the number of children who can be enrolled in the children with complex health needs program, section 25.5-6-904, and the children's extensive support waiver program;
(D) To increase eligibility in the medical assistance program, articles 4, 5, and 6 of title 25.5, C.R.S., to at least sixty percent of the federal poverty line for a parent of a child who is eligible for the medical assistance program or the children's basic health plan, article 8 of title 25.5, C.R.S.;
(E) To fund medical assistance to legal immigrants pursuant to section 25.5-5-201, C.R.S.;
(F) To pay for enrollment increases above the average enrollment for state fiscal year 2003-04 in the children's basic health plan, article 8 of title 25.5, C.R.S., or, for state fiscal year 2011-12 and for each fiscal year thereafter, to pay for costs associated with children enrolled in the medical assistance program, articles 4, 5, and 6 of title 25.5, C.R.S., whose family income is more than one hundred percent but does not exceed one hundred thirty-three percent of the federal poverty line and who would have been eligible for enrollment in the children's basic health plan prior to September 1, 2011;
(G) To provide up to five hundred forty thousand dollars for cost-effective marketing to increase the enrollment of eligible children and pregnant women in the children's basic health plan, article 8 of title 25.5, C.R.S.;
(H) To provide presumptive eligibility to pregnant women under the medical assistance program, articles 4, 5, and 6 of title 25.5, C.R.S.; and
(I) To provide funding for extending medicaid eligibility for persons who are in the foster care system immediately prior to emancipation, as set forth in section 25.5-5-101 (1)(e), C.R.S.
(III) Moneys transferred to the health care expansion fund in fiscal year 2004-05, less the amount necessary for the administrative costs of the department of health care policy and financing to facilitate the program expansions specified in subparagraph (II) of this paragraph (a), shall remain in the health care expansion fund as a reserve. Beginning in fiscal year 2005-06 and for each fiscal year thereafter, ten percent of the moneys transferred in each fiscal year to the health care expansion fund and any unexpended and unencumbered moneys remaining in the health care expansion fund at the end of a fiscal year shall remain in the fund and be added to the reserve until the first time the reserve balance is equal to the amount annually transferred to the health care expansion fund. Moneys in the health care expansion fund that are designated as reserve moneys, up to one-half of the amount annually transferred to the health care expansion fund, may be expended only if the appropriations necessary to sustain the populations specified in subparagraph (II) of this paragraph (a) exceed the annual transfer of moneys to the health care expansion fund.
(IV) and (V) Repealed.
(b) (I) The primary care fund to be administered by the department of health care policy and financing. The state treasurer and the controller shall transfer an amount equal to nineteen percent of the money deposited into the cash fund, plus nineteen percent of the interest and income earned on the deposit and investment of the money, to the primary care fund. In addition to the money transferred from the cash fund, the primary care fund consists of gifts received pursuant to subsection (2)(b)(VI) of this section and any other money the general assembly may appropriate or transfer into the primary care fund. All interest and income derived from the deposit and investment of money in the primary care fund is credited to the primary care fund. Any unexpended and unencumbered money remaining in the primary care fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or any other fund.
(II) For fiscal year 2005-06 and each fiscal year thereafter, moneys in the primary care fund shall be annually appropriated by the general assembly to the department of health care policy and financing for comprehensive primary care as specified in part 3 of article 3 of title 25.5, C.R.S.
(III) to (V) Repealed.
(VI) The state department may seek and accept gifts from private or public sources for the purposes of this subsection (2)(b).
(c) (I) The tobacco education programs fund is to be administered by the department of public health and environment. The state treasurer and the controller shall transfer an amount equal to sixteen percent of the money deposited into the cash fund, plus sixteen percent of the interest and income earned on the deposit and investment of such money and the amounts specified in section 24-22-118 (2), to the tobacco education programs fund; except that, for the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years, the state treasurer and the controller shall transfer to the tobacco education programs fund only an amount equal to sixteen percent of the money deposited into the cash fund. All interest and income derived from the deposit and investment of money in the tobacco education programs fund shall be credited to the tobacco education programs fund; except that all interest and income derived from the deposit and investment of money in the tobacco education programs fund during the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years shall be credited to the general fund. Any unexpended and unencumbered money remaining in the tobacco education programs fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
(II) The interest and income derived from the deposit and investment of moneys in the tobacco education programs fund and credited to the tobacco education programs fund may be used to give credit to a wholesaler or distributor for taxes paid on cigarettes or other tobacco products that are bad debts pursuant to sections 39-28-104 and 39-28.5-107, C.R.S.; except that the interest earned on the tobacco education programs fund shall be used only for that portion of the bad debt attributable to the taxes imposed pursuant to section 21 of article X of the state constitution.
(III) For fiscal year 2005-06 and each fiscal year thereafter, moneys in the tobacco education programs fund shall be annually appropriated by the general assembly as follows:
(A) To the prevention services division of the department of public health and environment for the tobacco education, prevention, and cessation programs specified in part 8 of article 3.5 of title 25, C.R.S.; and
(B) Up to three hundred fifty thousand dollars to the division of liquor enforcement in the department of revenue for the purpose of enforcing laws relating to the sale of tobacco to minors.
(III.5) For fiscal year 2011-12 and for each fiscal year thereafter, the general assembly may annually appropriate moneys in the tobacco education programs fund to the department of health care policy and financing in order to allow the department to obtain federal matching funds for the Colorado quitline program.
(IV) Repealed.
(d) (I) The prevention, early detection, and treatment fund to be administered by the department of public health and environment. The state treasurer and the controller shall transfer an amount equal to sixteen percent of the moneys deposited into the cash fund, plus sixteen percent of the interest and income earned on the deposit and investment of those moneys, to the prevention, early detection, and treatment fund; except that, for the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years, the state treasurer and the controller shall transfer to the prevention, early detection, and treatment fund only an amount equal to sixteen percent of the moneys deposited into the cash fund. All interest and income derived from the deposit and investment of moneys in the prevention, early detection, and treatment fund shall be credited to the prevention, early detection, and treatment fund; except that all interest and income derived from the deposit and investment of moneys in the prevention, early detection, and treatment fund during the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years shall be credited to the general fund. Any unexpended and unencumbered moneys remaining in the prevention, early detection, and treatment fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. The moneys in the prevention, early detection, and treatment fund shall be annually appropriated by the general assembly to the department of public health and environment for allocation by the department consistent with the provisions of this paragraph (d).
(II) Of the moneys appropriated annually by the general assembly to the department of public health and environment pursuant to subparagraph (I) of this paragraph (d), moneys shall be annually allocated by the department of public health and environment for breast and cervical cancer screenings pursuant to section 25-4-1505, C.R.S., in the following amounts not to exceed five million dollars in any fiscal year:
(A) For the 2005-06 fiscal year, fourteen percent of the amount appropriated pursuant to subparagraph (I) of this paragraph (d);
(B) For the 2006-07 fiscal year, sixteen percent of the amount appropriated pursuant to subparagraph (I) of this paragraph (d);
(C) For the 2007-08 fiscal year, eighteen percent of the amount appropriated pursuant to subparagraph (I) of this paragraph (d); and
(D) For the 2008-09 fiscal year and each fiscal year thereafter, twenty percent of the amount appropriated pursuant to subparagraph (I) of this paragraph (d).
(III) For fiscal year 2005-06, and each fiscal year thereafter, fifteen percent of the money transferred to the prevention, early detection, and treatment fund shall be transferred to the health disparities grant program fund created in subsection (2)(f) of this section for the health disparities and community grant program in part 22 of article 4 of title 25.
(IV) and (IV.5) Repealed.
(V) (A) For fiscal year 2008-09 and each fiscal year thereafter, after the allocations made pursuant to subparagraphs (II) and (III) of this paragraph (d), moneys in the prevention, early detection, and treatment fund shall be annually appropriated by the general assembly to the prevention services division of the department of public health and environment for the cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment program established in part 3 of article 20.5 of title 25, C.R.S.
(B) and (C) Repealed.
(VI) Pursuant to the declaration of a state fiscal emergency as described in subparagraph (III) of paragraph (b) of subsection (6) of this section, notwithstanding any provisions of subparagraphs (II), (III), (IV.5), and (V) of this paragraph (d) to the contrary, for fiscal year 2011-12, the general assembly shall appropriate moneys in the prevention, early detection, and treatment fund for the purposes described in subparagraphs (II), (III), (IV.5), and (V) of this paragraph (d), as well as any other health-related purpose and to serve populations enrolled in the children's basic health plan and the Colorado medical assistance program at the programs' respective levels of enrollment as of January 1, 2005.
(e) Repealed.
(f) (I) The health disparities grant program fund to be administered by the department of public health and environment. Money must be transferred to the health disparities grant program fund as described in subsection (2)(d)(III) of this section. The health disparities grant program fund also consists of any other money appropriated to the health disparities grant program fund by the general assembly. All interest and income derived from the deposit and investment of money in the health disparities grant program fund must be credited to the health disparities grant program fund. Any unexpended or unencumbered money remaining in the health disparities grant program fund at the end of the fiscal year must remain in the fund and shall not be credited to the general fund or any other fund. The money in the health disparities grant program fund must be annually appropriated by the general assembly to the department of public health and environment for allocation by the department of public health and environment consistent with the provisions of subsection (2)(d) of this section.
(II) to (IV) Repealed.
(3) For purposes of section 20 of article X of the state constitution and article 77 of this title, any moneys collected or expended from the imposition of the cigarette and tobacco tax imposed pursuant to section 21 of article X of the state constitution are not included in fiscal year spending, as defined in section 20 of article X of the state constitution, and are excluded from the spending limit contained in section 24-75-201.1 and any corresponding spending limits on local governments receiving such revenues.
(4) Moneys appropriated to the health care expansion fund, the primary care fund, and the prevention, early detection, and treatment fund shall be used to supplement revenues that are appropriated by the general assembly for health-related purposes as of January 1, 2005, and shall not be used to supplant those appropriations.
(5) The moneys generated by the implementation of the tax pursuant to section 21 of article X of the state constitution shall be appropriated by the general assembly and utilized by the recipients of the moneys only for such purposes as are specified in section 21 of article X of the state constitution. The moneys shall not be utilized:
(a) For the purposes of lobbying as defined in section 24-6-301 (3.5)(a); or
(b) To support or oppose any ballot issue or ballot question.
(6) (a) Notwithstanding any other provision of law, the general assembly may use revenue generated by the implementation of the cigarette and tobacco taxes pursuant to sections 39-28-103.5 and 39-28.5-102.5, C.R.S., and section 21 of article X of the state constitution for any health-related purpose and to serve populations enrolled in the children's basic health plan and the Colorado medical assistance program at the respective program levels of enrollment as of January 1, 2005. Such use of revenue shall be preceded by a declaration of a state fiscal emergency, which shall be adopted by a joint resolution, approved by a two-thirds majority vote of the members of the senate and of the house of representatives, and signed by the governor. The declaration shall apply only to a single fiscal year.
(b) to (d) Repealed.
(7) The general assembly hereby finds and declares that for purposes of this section and section 21 (5) of article X of the state constitution, interest or income credited to the general fund pursuant to paragraph (a) of subsection (1) of this section and paragraphs (a) to (d) and (f) of subsection (2) of this section are not revenues generated by operation of section 21 (2) of article X of the state constitution.
Source: L. 2005: Entire section added, p. 916, § 2, effective June 2. L. 2006: IP(2)(a)(II) amended and (2)(a)(IV) added, p. 1122, § 2, effective May 25; (2)(d)(III) amended and (2)(f) added, p. 1746, § 1, effective June 6; (1)(c)(I)(B), (1)(c)(II), (2)(a)(II), (2)(b)(II), IP(2)(d)(II), (2)(d)(IV)(A), and (2)(e) amended, p. 2008, § 71, effective July 1. L. 2007: (2)(e) amended, p. 143, § 3, effective March 22; (2)(a)(II)(G) and (2)(a)(II)(H) amended and (2)(a)(II)(I) added, p. 897, § 2, effective May 15. L. 2008: (2)(d)(IV.5) added and (2)(d)(V) amended, p. 799, § 1, effective May 14; (1)(c)(I)(B) amended, p. 2052, § 5, effective July 1. L. 2009: (1)(a), IP(1)(c), (2)(a)(I), (2)(b)(I), (2)(c)(I), (2)(c)(II), (2)(d)(I), and (2)(f) amended and (7) added, (SB 09-270), ch. 208, p. 944, § 1, effective May 1; (1)(c)(I)(C) added, (SB 09-264), ch. 204, p. 926, § 1, effective May 1; (2)(b)(III) and (2)(c)(IV) added and (2)(d)(V) and (6) amended, (SB 09-271), ch. 334, pp. 1772, 1773, §§ 1, 2, 3, 4, effective June 1. L. 2010: (2)(b)(III)(A) amended, (HB 10-1321), ch. 48, p. 181, § 3, effective March 29; (2)(a)(V) added and (2)(f) amended, (HB 10-1320), ch. 134, p. 441, §§ 1, 2, effective April 15; (2)(b)(IV) and (6)(c) added, (HB 10-1378), ch. 213, pp. 926, 927, §§ 1, 2, effective May 27; (2)(c)(IV), (2)(d)(V)(B), (2)(f), and (6)(b) amended and (2)(d)(V)(C) added, (HB 10-1381), ch. 216, p. 934, § 1, effective May 27; (2)(a)(II)(A) and (2)(a)(II)(D) amended, (HB 10-1422), ch. 419, p. 2082, § 60, effective August 11. L. 2011: (1)(c)(I)(B) and (2)(e) amended and (1)(c)(I)(B.5) added, (SB 11-216), ch. 149, p. 516, § 1, effective May 5; (2)(b)(V) and (6)(d) added, (SB 11-219), ch. 188, pp. 724, 725, §§ 1, 2, effective June 3; (2)(c)(IV)(C) and (6)(b)(III) amended and (2)(c)(IV)(D), (2)(d)(VI), (2)(f)(IV), and (6)(b)(IV) added, (SB 11-211), ch. 145, pp. 503, 504, §§ 1-4, effective June 3; IP(1)(c) and (1)(c)(II) amended, (SB 11-210), ch. 187, p. 721, § 4, effective July 1; IP(2)(a)(II) and (2)(a)(II)(F) amended, (SB 11-008), ch. 100, p. 292, § 1, effective September 1. L. 2012: (2)(c)(III.5) added, (HB 12-1202), ch. 4, p. 7, § 1, effective March 1. L. 2013: (2)(d)(IV.5) amended, (SB 13-232), ch. 153, p. 499, § 1, effective April 29. L. 2014: (2)(a)(II)(I) amended, (SB 14-067), ch. 12, p. 116, § 10, effective February 27; IP(2)(d)(II) amended, (HB 14-1045), ch. 137, p. 470, § 2, effective July 1; (2)(d)(IV.5) repealed and (2)(d)(V)(A) amended, (SB 14-109), ch. 104, p. 388, § 1, effective July 1. L. 2020: (1)(a) and (2)(c)(I) amended, (HB 20-1427), ch. 248, p. 1206, § 21, effective (see editor's note). L. 2021: (2)(d)(III) and (2)(f)(I) amended, (SB 21-181), ch. 429, p. 2839, § 1, effective July 6. L. 2025: IP(2), IP(2)(a)(II), and (2)(a)(II)(C) amended, (HB 25-1003), ch. 50, p. 233, § 3, effective July 1; IP(2) and (2)(b)(I) amended and (2)(b)(VI) added, (HB 25-1288), ch. 260, p. 1331, § 2, effective May 27.
Editor's note: (1) Amendments to the introductory portion to subsection (2)(a)(II) by Senate Bill 06-135 and Senate Bill 06-219 were harmonized.
(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective January 1, 2006. (See L. 2005, p. 916.)
(3) (a) Subsection (2)(a)(IV)(B) provided for the repeal of subsection (2)(a)(IV), effective July 1, 2007. (See L. 2006, p. 1122.)
(b) Subsection (2)(d)(IV)(B) provided for the repeal of subsection (2)(d)(IV), effective July 1, 2007. (See L. 2005, p. 916.)
(4) Amendments to subsection (2)(f) by House Bill 10-1320 and House Bill 10-1381 were harmonized.
(5) (a) Subsection (1)(c)(I)(C) provided for the repeal of said subsection (1)(c)(I)(C), effective July 1, 2011. (See L. 2009, p. 926.)
(b) Subsection (2)(a)(V)(B) provided for the repeal of subsection (2)(a)(V), effective July 1, 2011. (See L. 2010, p. 441.)
(c) Subsection (2)(b)(III)(B) provided for the repeal of subsection (2)(b)(III), effective July 1, 2011. (See L. 2009, p. 1772.)
(d) Subsection (2)(d)(V)(B) provided for the repeal of said subsection (2)(d)(V)(B), effective July 1, 2011. (See L. 2009, p. 1773.)
(e) Subsection (2)(f)(II)(B) provided for the repeal of subsection (2)(f)(II), effective July 1, 2011. (See L. 2010, p. 441.)
(6) (a) For the amendments to subsection (2)(e) that were in effect from May 5, 2011, to September 15, 2011, see chapter 149, Session Laws of Colorado 2011. (L. 2011, p. 516.)
(b) Subsection (2)(e)(III) provided for the repeal of subsection (2)(e), effective September 15, 2011. (See L. 2011, p. 516.)
(7) (a) Subsection (2)(a)(IV)(B) provided for the repeal of subsection (2)(b)(IV), effective July 1, 2012. (See L. 2010, p. 926.)
(b) Subsection (2)(d)(V)(C) provided for the repeal of subsection (2)(d)(V)(C), effective July 1, 2012. (See L. 2010, p. 934.)
(c) Subsection (2)(f)(III)(B) provided for the repeal of subsection (2)(f)(III), effective July 1, 2012. (See L. 2010, p. 934.)
(d) Subsection (6)(c)(II) provided for the repeal of subsection (6)(c), effective July 1, 2012. (See L. 2010, p. 927.)
(8) (a) Subsection (2)(b)(V)(B) provided for the repeal of subsection (2)(b)(V), effective July 1, 2013. (See L. 2011, p. 724.)
(b) Subsection (2)(c)(IV)(D) provided for the repeal of subsection (2)(c)(IV), effective July 1, 2013. (See L. 2011, p. 503.)
(c) Subsection (2)(f)(IV)(B) provided for the repeal of subsection (2)(f)(IV), effective July 1, 2013. (See L. 2011, p. 504.)
(d) Subsection (6)(b)(IV) provided for the repeal of subsection (6)(b), effective July 1, 2013. (See L. 2011, p. 504.)
(e) Subsection (6)(d)(II) provided for the repeal of subsection (6)(d), effective July 1, 2013. (See L. 2011, p. 725.)
(9) Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot question was referred to the registered electors on November 3, 2020, and was approved with the following vote count:
FOR: 2,134,608
AGAINST: 1,025,182
Cross references: For the legislative declaration contained in the 2005 act enacting this section, see section 1 of chapter 241, Session Laws of Colorado 2005. For the legislative declaration in HB 25-1288, see section 1 of chapter 260, Session Laws of Colorado 2025.
24-22-118. Revenue from nicotine products and additional tobacco taxes - 2020 tax holding fund - preschool programs cash fund - creation - definitions. (1) The 2020 tax holding fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to sections 39-28-110 (1)(b), 39-28.5-108 (1)(b), and 39-28.6-109 (2).
(2) The state treasurer shall transfer the money in the 2020 tax holding fund as follows:
(a) For the fiscal year commencing on July 1, 2020:
(I) Five million four hundred seventy-five thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);
(II) Two million twenty-five thousand dollars to the general fund;
(III) Eleven million one hundred sixty-six thousand dollars to the housing development grant fund created in section 24-32-721 (1);
(IV) Five hundred thousand dollars to the eviction legal defense fund created in section 13-40-127 (2);
(V) Twenty-five million dollars to the rural schools cash fund created in section 22-54-142; and
(VI) The remainder to the state education fund created in section 17 (4) of article IX of the state constitution.
(b) For the fiscal year commencing on July 1, 2021:
(I) Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);
(II) Four million fifty thousand dollars to the general fund;
(III) Eleven million one hundred sixty-seven thousand dollars to the housing development grant fund created in section 24-32-721 (1);
(IV) Five hundred thousand dollars to the eviction legal defense fund created in section 13-40-127 (2);
(V) Thirty million dollars to the rural schools cash fund created in section 22-54-142; and
(VI) The remainder to the state education fund created in section 17 (4) of article IX of the state constitution;
(c) For the fiscal year commencing on July 1, 2022:
(I) Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);
(II) Four million fifty thousand dollars to the general fund;
(III) Eleven million one hundred sixty-seven thousand dollars to the housing development grant fund created in section 24-32-721 (1);
(IV) Five hundred thousand dollars to the eviction legal defense fund created in section 13-40-127 (2);
(V) Thirty-five million dollars to the rural schools cash fund created in section 22-54-142; and
(VI) The remainder to the state education fund created in section 17 (4) of article IX of the state constitution;
(d) For the fiscal year commencing on July 1, 2023:
(I) Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);
(II) Four million fifty thousand dollars to the general fund; and
(III) The remainder to the preschool programs cash fund created in section 26.5-4-209;
(e) For each fiscal year commencing on or after July 1, 2024, but before July 1, 2027:
(I) Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);
(II) Four million fifty thousand dollars to the general fund;
(III) Twenty million dollars to the tobacco education programs fund created in section 24-22-117 (2)(c)(I); and
(IV) The remainder to the preschool programs cash fund created in section 26.5-4-209;
(f) For each fiscal year commencing on or after July 1, 2027:
(I) Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);
(II) Four million fifty thousand dollars to the general fund;
(III) Thirty million dollars to the tobacco education programs fund created in section 24-22-117 (2)(c)(I); and
(IV) The remainder to the preschool programs cash fund created in section 26.5-4-209;
(g) The state treasurer shall make the transfers required by this subsection (2) on an ongoing basis throughout the fiscal year. If there is insufficient revenue to transfer the specific amounts required by this subsection (2) for a fiscal year, then the state treasurer shall proportionally reduce each of the transfers.
(3) Repealed.
(4) The state auditor shall annually conduct a financial audit of the use of the money allocated and appropriated under this section.
Source: L. 2020: Entire section added, (HB 20-1427), ch. 248, p. 1207, § 22, effective (see editor's note). L. 2022: (2)(d)(III), (2)(e)(IV), and (2)(f)(IV) amended, (HB 22-1295), ch. 123, p. 844, § 65, effective July 1; (3) repealed, (HB 22-1295), ch. 123, p. 870, § 135, effective July 1.
Editor's note: (1) Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that this section takes effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot question was referred to the registered electors on November 3, 2020, and was approved with the following vote count:
FOR: 2,134,608
AGAINST: 1,025,182
(2) Subsection (3) of this section was relocated to § 26.5-4-209.
ARTICLE 25
Colorado Interagency Working Group
on School Safety
24-25-101. Legislative declaration. (1) The general assembly finds and declares that:
(a) Ensuring the safety of students, teachers, and other employees while at school is a paramount concern for the citizens of Colorado;
(b) Improving the effective administration of school safety programs and funding is critical to providing safe schools; and
(c) Maintaining school safety through the most cost-effective use of limited state resources is in the interest of the people of the state of Colorado.
(2) Therefore, the general assembly declares that a working group comprised of state and local agency officials must be formed to increase coordination of school safety programs across state government and annually report to the governor, the speaker of the house of representatives, and the president of the senate on their activities.
Source: L. 2020: Entire article added, (SB 20-023), ch. 247, p. 1181, § 1, effective July 7.
24-25-101.5. Definitions. As used in this article 25, unless the context otherwise requires:
(1) Cash fund means the Colorado working group on school safety cash fund created in section 24-25-104 (1).
(2) Working group means the Colorado interagency working group on school safety created in section 24-25-102 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2060, § 136, effective August 6.
24-25-102. Colorado interagency working group on school safety - creation - membership - operation - immunity. (1) There is created in the department of public safety the Colorado interagency working group on school safety. The working group has the powers and duties specified in this article 25.
(2) The working group consists of fourteen members, as follows:
(a) The executive director of the department of public safety, or his or her designee, who shall serve as the chair of the working group;
(b) The commissioner of education, or his or her designee, who shall serve as the vice-chair of the working group;
(c) The executive director of the department of public health and environment, or his or her designee;
(d) The executive director of the department of human services, or his or her designee;
(e) The attorney general, or his or her designee;
(f) The director of the school safety resource center;
(g) The director of the division of fire prevention and control or his or her designee;
(h) The state architect or his or her designee;
(i) A school district superintendent who serves an urban or suburban school district, appointed by an organization that represents school executives;
(j) A school district superintendent who serves a rural school district, appointed by an organization that represents school executives;
(k) A chief of police appointed by an organization that represents Colorado chiefs of police;
(l) A county sheriff appointed by an organization that represents Colorado county sheriffs; and
(m) Two members who are either a student or parent who attended a school or had a child attend a school at the time a school shooting occurred at the school, one appointed by the majority leader of the senate and one appointed by the minority leader of the senate.
(3) The members of the working group serve without compensation but the members appointed by the governor may be reimbursed for any actual and necessary travel expenses incurred in the performance of their duties pursuant to this article 25.
(4) The working group shall meet at least once per quarter to review information necessary for making recommendations.
(5) The working group may contract with a consultant to optimize the alignment and effectiveness of the school safety efforts in Colorado and identify evidence-based best practices. The general assembly may appropriate money to the working group for a consultant if requested by the working group.
(6) Members of the working group, employees, and consultants are immune from suit in any civil action based upon any official act performed in good faith pursuant to this article 25.
(7) The department of public safety shall convene the first meeting of the working group no later than December 31, 2022.
(8) Repealed.
Source: L. 2020: Entire article added, (SB 20-023), ch. 247, p. 1182, § 1, effective July 7. L. 2022: (1) and (7) amended and (8) added, (HB 22-1274), ch. 456, p. 3261, § 2, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2060, § 137, effective August 6.
Editor's note: Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2023. (See L. 2022, p. 3261.)
24-25-103. Duties of the working group - mission. (1) The mission of the working group is to enhance school safety through the cost-effective use of public resources. The work of the working group will focus on evidence-based best practices.
(2) The working group shall:
(a) Study and implement recommendations of the state auditor's report regarding school safety released September 2019;
(b) Consider program organization and recommend reorganization if necessary;
(c) Identify shared metrics to examine program effectiveness;
(d) Facilitate interagency coordination and communication;
(e) Increase transparency and accessibility of state grants and resources, particularly for school districts without a grant writer, which includes improving outreach and may include developing common grant applications;
(f) Facilitate and address data sharing, including allowable data sharing at the local level, when appropriate and allowable under state and federal law; and
(g) Address school safety program challenges in a coordinated way.
(3) The working group may use available resources, modalities, and nonmembers from interested members of the community to focus on specific subject matters.
(4) The school safety resource center serves as the clearinghouse for all materials produced by the working group.
(5) The division of criminal justice in the department of public safety, in consultation with the department of education, shall provide resources for data collection, research, analysis, and publication of the working group's findings and reports.
Source: L. 2020: Entire article added, (SB 20-023), ch. 247, p. 1183, § 1, effective July 7.
24-25-104. Colorado working group on school safety cash fund - created - gifts, grants, and donations. (1) The department of public safety and the working group are authorized to accept gifts, grants, or donations, including in-kind donations from private or public sources, for the purposes of this article 25. All private and public money received through gifts, grants, or donations by the department of public safety or by the working group must be transmitted to the state treasurer, who shall credit the same to the Colorado working group on school safety cash fund, which is created in the state treasury. The state treasurer shall invest any money in the cash fund not expended for the purposes of this article 25 as provided in section 24-36-113. All interest and income derived from the investment and deposit of money in the cash fund must be credited to the cash fund. Any unexpended and unencumbered money remaining in the cash fund at the end of any fiscal year remains in the cash fund and shall not be credited or transferred to the general fund or any other fund.
(2) The department of public safety is not required to solicit gifts, grants, or donations from any source for the purposes of this article 25.
Source: L. 2020: Entire article added, (SB 20-023), ch. 247, p. 1184, § 1, effective July 7. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2060, § 138, effective August 6.
24-25-105. Repeal of article. (Repealed)
Source: L. 2020: Entire article added, (SB 20-023), ch. 247, p. 1184, § 1, effective July 7. L. 2022: Entire section repealed, (HB 22-1274), ch. 456, p. 3262, § 3, effective August 10.
Editor's note: This section was numbered as 22-25-105 in Senate Bill 20-023 but was renumbered on revision for ease of location.
PRINCIPAL DEPARTMENTS
Cross references: For statutory provisions relating to the other principal departments of state government, see article 1 of title 8 (department of labor and employment); article 1 of title 17 (department of corrections); part 1 of article 2 of title 22 (department of education); article 1 of title 23 (department of higher education); article 21 of this title (department of state); part 1 of article 50 of this title (department of personnel); part 1 of article 1 of title 25 (department of public health and environment); article 1 of title 25.5 (department of health care policy and financing); article 1 of title 26 (department of human services); part 1 of article 1 of title 27 (department of human services); title 28 (department of military and veterans affairs); article 1 of title 35 (department of agriculture); and part 1 of article 1 of title 43 (department of transportation).
ARTICLE 30
Department of Personnel -
State Administrative Support Services
PART 1
GENERAL PROVISIONS
Cross references: For the department of personnel as official custodian and trustee of all state archives and public records, see § 24-80-102.
24-30-101. Department of personnel - state support services. On and after July 1, 1995, in an effort to eliminate unnecessary functions, avoid duplication, reduce costs, increase efficiency, and improve services to the state and the public, the rights, powers, duties, functions, obligations, and divisions of the department of administration are transferred to the department of personnel.
Source: L. 68: p. 95, § 45. C.R.S. 1963: § 3-25-1. L. 71: p. 103, § 3. L. 86: Entire section amended, p. 887, § 14, effective May 23. L. 95: Entire section R&RE, p. 626, § 4, effective July 1.
Cross references: (1) For the Administrative Organization Act of 1968, see article 1 of this title.
(2) For the legislative declaration contained in the 1995 act repealing and reenacting this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-102. Construction of terms. On and after July 1, 1995, when any law of this state refers to the executive director of the department of administration, said law shall be construed as referring to the executive director of the department of personnel, also referred to as the state personnel director as specified in section 14 of article XII of the state constitution. When any law of this state refers to the department of administration, said law shall be construed as referring to the department of personnel.
Source: L. 68: p. 95, § 45. C.R.S. 1963: § 3-25-2. L. 70: p. 101, § 1. L. 71: p. 118, § 6. L. 75: (8) added, p. 796, effective June 20; (1)(g), (2)(f), and (2)(g) added, p. 794, § 1, effective July 1; (1)(h) added, p. 815, § 1, effective July 18. L. 77: (2)(g) amended, p. 1169, § 1, effective March 26; (8) repealed, p. 1182, § 4, effective June 20; (1)(a) amended, p. 281, § 33, effective June 29; (1)(d), (1)(e), (5), and (6) repealed, p. 282, § 34, effective June 29. L. 87: (2)(d) repealed, pp. 349, 936, §§ 4, 1, effective July 1. L. 95: Entire section R&RE, p. 626, § 5, effective July 1. L. 2006: Entire section amended, p. 1499, § 33, effective June 1.
Cross references: For the legislative declaration contained in the 1995 act repealing and reenacting this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-103. Property conveyed or leased to federal government. (Repealed)
Source: L. 70: p. 102, § 2. C.R.S. 1963: § 3-25-3. L. 77: Entire section repealed, p. 282, § 34, effective June 29.
24-30-104. Burnham Yard rail property site - required development planning. The executive director of the department of personnel shall engage with stakeholders including the city and county of Denver, the department of transportation, the department of local affairs, the regional transportation district created in section 32-9-105, and the communities, including disproportionately impacted communities, as defined in section 24-4-109 (2)(b)(II), and registered neighborhood organizations in the vicinity of the Burnham Yards rail property to create a site plan to support transit-oriented development at the Burnham Yard rail property site and potential recommendations for how to suballocate parcels for various beneficial uses at the site. The executive director shall, in consultation with the other governmental stakeholders named in this section, actively reach out to the communities, including disproportionately impacted communities, and registered neighborhood organizations in the vicinity of the Burnham Yards rail property regarding all stages of the development of the property, provide meaningful opportunities for members of those communities to express their views regarding the development of the property, and endeavor to identify groups or individuals from those communities who are interested in and capable of representing the interests of those communities throughout the development process. The executive director shall also identify any additional stakeholders, and as appropriate already engaged stakeholders, to engage with who may have an interest in developing the suballocated parcels for the best use such as the department of local affairs for affordable housing, local housing authorities, and the great outdoors Colorado program for potential green space development. The site plan must consider opportunities for the site including front range passenger rail service, multi-family and affordable housing development, community benefits, green spaces, parkland, recreational opportunities, retail, and links to transit and multi-modal options to connect the site to the surrounding community. The site plan must promote the development and operation of quality public-private partnership opportunities and include a well-defined framework to facilitate collaboration between public and private entities in infrastructure development and operation and enable investment of public and private capital.
Source: L. 2022: Entire section added, (SB 22-176), ch. 387, p. 2755, § 2, effective June 7. L. 2023: Entire section amended, (HB 23-1233), ch. 245, p. 1331, § 16, effective May 23.
Cross references: For the legislative declaration in SB 22-176, see section 1 of chapter 387, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.
24-30-105. Statewide language access assessment - report - legislative declaration - definitions. (1) Legislative declaration. The general assembly finds and declares that:
(a) Almost nine hundred thousand Coloradans speak a language other than English, with the top five languages being Spanish, Chinese, Vietnamese, German, and Russian, and more than three hundred thousand Coloradans face linguistic barriers to accessing state government services and programs;
(b) Providing language access for state government services and programs is key to improving their effectiveness and supporting successful integration and inclusion of immigrants and their families into Colorado's civic, economic, and social life;
(c) It is the intent of the office of new Americans in the Colorado department of labor and employment to work administratively, in concert with the appropriate office of the department of personnel, to establish an interim language access working group made up of the principal departments of the state;
(d) Once established, the interim language access working group will work to draft a statewide language access policy for the consideration of the governor;
(e) Upon approval of the draft policy by the governor, a language access universal policy will be adopted and published by the division of human resources within the department of personnel;
(f) The language access assessment created in this section will assess the effectiveness of the language access universal policy in meeting the needs of multilingual Coloradans and will assess the readiness of principal departments to meet the statewide language access standards; and
(g) Upon completion of the assessment and not later than December 31, 2026, the interim language access working group will dissolve and transition to a community of practice maintained by the appropriate office of the department of personnel. To the extent possible, the department of personnel will work to ensure representation in the community of practice from linguistically diverse individuals and other community members with professional or lived experience with language access initiatives and from across state agencies, while limiting total participation to twenty people. The ongoing work of the language access community of practice will be informed by the work of the interim language access working group and will focus on implementing the language access universal policy with ongoing observation of best practices in the principal departments.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Department means the department of personnel created in section 24-1-128.
(b) Executive director means the executive director of the department of personnel.
(c) Language access assessment or assessment means the statewide assessment on language access readiness required by subsection (3) of this section.
(d) Language access universal policy means the statewide policy standards for language access identified by the interim language access working group initiated by the office of new Americans and the department in 2025.
(e) Linguistically diverse individuals means individuals seeking to access state government services in the language of their choice who may have English language proficiency that requires language support in certain contexts. Linguistically diverse individuals includes individuals with limited English proficiency as provided by Title VI of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000d et seq.; federal executive order 13166, Improving Access to Services for Persons with Limited English Proficiency, as published in 65 Fed. Reg. 50121 (August 11, 2000); and other federal anti-discrimination statutes.
(f) Office of new Americans means the Colorado office of new Americans created in section 8-3.7-103.
(g) Other covered entity means a public or private entity that receives state funding or contracts to administer programs or services for the public, including receiving state funding through grants, purchase-of-service contracts, or any other arrangement by which the state provides or otherwise makes available assistance in the form of money to a person for the purpose of rendering services to the public.
(h) Principal department means a principal department listed in section 24-1-110; except that principal department does not include the department of state, the department of the treasury, or the department of law.
(i) Third-party entity means an entity that has entered into an agreement with the department to conduct all or part of the language access assessment.
(3) Statewide language access assessment. (a) The executive director, in partnership with the office of new Americans, shall assess or contract for an assessment of the readiness of principal departments to meet the language access standards outlined in the language access universal policy. In addition to any area of assessment deemed appropriate by the executive director, the office of new Americans, or the third-party entity, the assessment must identify:
(I) The needs of principal departments to meet the standards outlined in the language access universal policy, including requests for guidance, training, and technical assistance;
(II) Relevant language access materials from principal departments, including language access plans, position descriptions related to language access, procedures related to language access, and technical assistance or training materials;
(III) Information on current language services contracts, expenditures, and funding sources related to language access;
(IV) The public-facing responsibilities of principal departments, including designating which principal departments and their subcontractors do and do not have frequent contact with linguistically diverse individuals; and
(V) Other covered entities that may be subject to the standards outlined in the language access universal policy.
(b) A principal department shall provide any nonconfidential data and non-personally identifiable information that is necessary to complete the assessment, as available, upon request of the executive director or the third-party entity.
(c) (I) The executive director may enter into an agreement with one or more third-party entities to conduct all or part of the assessment.
(II) A third-party entity that enters into an agreement with the executive director to conduct all or part of the assessment must have demonstrated expertise in working with state governments on language access initiatives, such as developing language access policies or plans.
(III) The third-party entity may be from outside Colorado.
(4) Report. (a) At the conclusion of the assessment and not later than December 31, 2026, the executive director, the office of new Americans, or the third-party entity, as appropriate, shall create a report summarizing the findings and recommendations of the assessment, including recommendations concerning:
(I) Improving efficiency, increasing quality of service, reducing cost, avoiding duplicative work, building on existing best practices, and minimizing administrative burden with respect to the provision of linguistically accessible government services and programs to linguistically diverse individuals;
(II) Addressing gaps and improving meaningful service through changes to language access services, practices, and procedures;
(III) Evaluating potential technological options for increasing language access, such as artificial intelligence; and
(IV) Determining what infrastructure is needed to ensure full and sustainable implementation of the standards outlined in the language access universal policy.
(b) The report must include an executive summary of the findings and recommendations that does not exceed two pages. The executive summary must be written in plain language and must be available in English and the other five most commonly spoken languages in the state by population of linguistically diverse individuals.
(c) (I) The executive director shall make the report on the assessment publicly available on the department's website.
(II) The director of the office of new Americans shall make the report on the assessment publicly available on the office's website.
(III) Upon request, the executive director or the director of the office of new Americans shall provide a copy of the report in any requested language.
(d) In January 2027, the department shall include, as part of its presentation during its SMART Act hearing required by section 2-7-203, a summary of the information included in the report required by this subsection (4) concerning the language access assessment.
Source: L. 2025: Entire section added, (HB 25-1153), ch. 315, p. 1646, § 1, effective May 30.
PART 2
ACCOUNTS AND CONTROL
24-30-201. Accounts and control - controller. (1) The powers, duties, and functions concerning accounts and control as set forth in this part 2 are the responsibility of the state controller. The executive director of the department of personnel shall appoint the controller, subject to section 13 of article XII of the state constitution. The controller must be bonded in such amount as the executive director shall fix. The powers and duties of the controller are:
(a) To keep in continuous touch with the operations, plans, and needs of the several departments and other agencies of the state and with the sources and amounts of revenue and other receipts of the state;
(b) Repealed.
(c) To examine and approve work programs and quarterly allotments to the several departments and changes therein;
(d) To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the state government and the several budget units before any such reports are released to the governor, to the general assembly, or for publication; receive and deal with all requests for information as to financial conditions and operations of the state; and prepare such statements of unit costs and other cost statistics as may be required from time to time or requested by the governor or the general assembly;
(e) To manage the finances and financial affairs of the state, except as otherwise provided in section 5 (2) of article VIII of the state constitution and by law for institutions of higher education and for the Auraria higher education center;
(f) To coordinate all the procedures for financial administration and financial control so as to integrate them into an adequate and unified system, including the devising, prescribing, and installing of accounting forms, records, and procedures for all state agencies;
(g) To conduct all central accounting and fiscal reporting for the state as a whole;
(h) To maintain a current audit of all cash, cash receipts, and receivables; to preaudit and control the incurring of obligations; and to preaudit all disbursements;
(i) To issue warrants and checks for the payment of claims against the state;
(j) To assist state agencies in their efforts to recover money owing to the state;
(k) To control all supply stocks, property, and equipment in use and enforce the keeping of inventory accounts.
(l) Repealed.
(2) The powers, duties, and functions of the department of personnel include the powers, duties, and functions concerning accounts and control and the office of the controller. The office of the controller is a type 2 entity, as defined in section 24-1-105.
Source: L. 41: p. 52, § 12. CSA: C. 3, § 12. L. 47: p. 221, § 2. CRS 53: § 3-3-1. L. 59: p. 147, § 2. C.R.S. 1963: § 3-3-1. L. 64: p. 113, § 2. L. 68: pp. 99, 100, §§ 47, 49. L. 70: p. 107, § 4. L. 71: p. 1211, § 2. L. 73: p. 169, § 2. L. 75: (1)(j) added, p. 798, § 1, effective July 1. L. 79: (1)(k) added, p. 873, § 1, effective July 1. L. 84: (1)(l) added, p. 673, § 1, effective July 1. L. 86: (1)(b) repealed, pp. 961, 964, §§ 4, 4, effective May 27. L. 95: IP(1) and (1)(j) amended and (2) added, p. 641, § 34, effective July 1. L. 96: IP(1), (1)(j), and (2) amended, p. 1494, § 2, effective June 1. L. 99: (1)(l) amended, p. 687, § 7, effective August 4. L. 2009: (1)(l) amended, (HB 09-1218), ch. 132, p. 569, § 1, effective July 1. L. 2010: (1)(e) amended, (SB 10-003), ch. 391, p. 1848, § 24, effective June 9; (1)(l) and (2) amended, (HB 10-1422), ch. 419, p. 2082, § 61, effective August 11. L. 2014: (1)(i) amended, (HB 14-1391), ch. 328, p. 1449, § 5, effective June 5. L. 2017: IP(1) amended and (1)(l) repealed, (HB 17-1058), ch. 18, p. 57, § 1, effective March 8. L. 2021: (1)(j) amended, (SB 21-055), ch. 12, p. 76, § 10, effective March 21. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3419, § 192, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsection (1)(j) and enacting subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in the 2010 act amending subsection (1)(e), see section 1 of chapter 391, Session Laws of Colorado 2010.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-30-202. Procedures - vouchers, warrants, and checks - rules - penalties - definitions - repeal. (1) No disbursements shall be made in payment of any liability incurred on behalf of the state, other than from petty cash or by any alternative means of payment approved by fiscal rule promulgated by the controller, unless there has been previously filed with the office of the state controller a commitment voucher. The commitment voucher may be in the form of an advice of employment, a purchase order, a copy of a contract, or a travel authorization or in other form appropriate to the type of transaction as prescribed by the controller. Any state contract involving the payment of money by the state shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the controller or such assistant as he or she may designate; except that a state contract for a major information technology project as defined in section 24-37.5-102 (19) shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the chief information officer or the chief information officer's designee. Such contracts entered into on or after July 1, 1997, shall also contain a clause notifying the other party to the contract of the controller's authority to withhold debts owed to state agencies under the vendor offset intercept system pursuant to section 24-30-202.4 (3.5)(a)(I) and the types of debts that are subject to withholding under said system. The form and content of and procedures for filing such vouchers shall be prescribed by the fiscal rules promulgated by the controller.
(2) The controller, or such assistant as he may designate, shall examine each commitment voucher to ascertain whether or not the proposed expenditure is authorized by the appropriation and allotment to which it is proposed to be charged, whether or not the prices or rates are in accordance with law or administrative rules or are fair and reasonable and whether or not the amount of the expenditure exceeds the unencumbered balance of the allotment. The controller or his designated assistant shall record his approval or disapproval either on the face of each voucher or by electronically entering such approval or disapproval in the state computer-based accounting system. The head of the state department, institution, or other agency involved shall be notified of any proposed expenditures that are disallowed.
(3) In no event shall the head of any state department, institution, or other agency or the controller, either by himself or through any assistant designated by him, approve any commitment voucher involving expenditure of any sum in excess of the unencumbered balance of the appropriation to which the resulting disbursement would be charged. No person shall incur or order or vote for the incurrence of any obligation against the state in excess of or for any expenditure not authorized by appropriation and approved commitment voucher except as expressly authorized by this section. Any such obligation so raised in contravention of this section shall not be binding against the state but shall be null and void ab initio and incapable of ratification by any administrative authority of the state to give effect thereto against the state. But every person incurring or ordering or voting for the incurrence of such obligation and his surety shall be jointly and severally liable therefor.
(4) The controller is hereby authorized to grant special authority for any department, institution, or other agency, during any fiscal year, to make specific purchases of supplies or materials to be used in the next ensuing fiscal year or to enter into contracts in anticipation of appropriations already made or to be made for the next ensuing fiscal year for any purpose authorized by any existing law, including contracts by the department of transportation for state highway reconstruction, repair, maintenance, and capacity expansion projects to be funded by the revenues appropriated out of the capital construction fund under section 24-75-302 (2), but in no case for any amount exceeding that necessary to meet the requirements for the first quarter of the next fiscal year. No such purchase order shall be issued nor contract entered into unless such purchase order or contract has been approved and countersigned by the controller or the controller's authorized agent, whose duty it shall be to see that the special authority so granted is not exceeded; except that this restriction shall not apply to contracts for capital outlay projects for which appropriations have been provided for obligations to be incurred in two or more fiscal years. Payments made at the close of a fiscal year under such authority shall be treated as deferred charges to the appropriations and expenses of the next ensuing fiscal year until the beginning of such year.
(4.3) (a) The controller may retroactively adjust encumbrances against appropriations for contracts and grants authorized pursuant to the authority to spend money from the American Rescue Plan Act of 2021 cash fund, created in section 24-75-226 (4)(a)(II), if the funding source for the contract or grant is subsequently refinanced. Any retroactive contract or grant encumbrance adjustments between funding sources authorized in this section are not permitted to increase the total encumbrance.
(b) This subsection (4.3) is repealed, effective July 1, 2027.
(5) (a) No money of the state or for which the state is responsible shall be withdrawn from the treasury or otherwise disbursed for any purpose except to pay obligations under expenditures authorized by appropriation and allotment and not in excess of the amount so authorized. Each such expenditure shall have been authorized by the head of the department, institution, or other agency by or for which the expenditure was made. Such authorization shall contain the manual or facsimile signature of the head of the department, institution, or agency or any assistant designated by him. The controller, or his authorized agent, shall have approved a commitment voucher therefor, and a claim on a prescribed form shall have been submitted to and approved by the controller or his agent. The provisions of this section shall not be construed to apply to withdrawals of funds from any state depository bank for immediate redeposit in any other state depository bank or for investment.
(b) If a state department, institution, or agency enters into a contract to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the contract must contain a contingency clause that requires the state to secure an appraisal of the subject real property or interest therein prior to closing by an independent appraiser licensed in the state of Colorado to substantiate the purchase price and that makes the closing of the purchase contingent on the approval of the contract by the state controller. When the state department, institution, or agency entering into the contract receives the appraisal, the state department, institution, or agency shall provide a copy of the appraisal to the state controller. This subsection (5)(b) shall not apply to the acquisition of property by the department of transportation for the construction, maintenance, or supervision of the public highways of this state, nor shall it apply to any additional financed purchase of an asset or certificate of participation agreement entered into pursuant to the master lease program authorized by part 7 of article 82 of this title 24.
(c) (I) If a state department, institution, or agency enters into an option to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the appraisal requirement described in paragraph (b) of this subsection (5) must occur prior to closing on the purchase of the real property or interest therein.
(II) Prior to a state department, institution, or agency entering into an option to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the state department, institution, or agency shall obtain a written broker opinion of value completed by an independent broker licensed in the state of Colorado or an appraisal by an independent appraiser licensed in the state of Colorado of the subject property in order to complete a thorough analysis of the property or interests therein being considered. The opinion of value or the appraisal must be forwarded to the state controller prior to the state controller approving the option to purchase contract.
(5.5) Any commitment voucher that provides that the financial obligations of the state in subsequent fiscal years are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available shall not be deemed to create any state multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of section 20 (4)(b) of article X of the state constitution. If a financed purchase of an asset or certificate of participation agreement is subject to the requirement of specific authorization by the general assembly under part 8 of article 82 of this title 24, such committees shall make a recommendation to the general assembly concerning whether to authorize the financed purchase of an asset or certificate of participation agreement. The department of personnel and the Colorado commission on higher education shall maintain comparative data which will assist in determining the relative costs to the state, over the entire term of the arrangement, of financing the purchase or lease of property through pay-as-you-go methods, certificates of participation, or other arrangements.
(6) The controller shall prescribe the form of warrants and checks to be drawn upon the state treasurer. All warrants and checks for approved expenditures and claims shall be drawn and issued under direction of the controller or his or her authorized agent and transmitted to the department of the treasury to be recorded.
(7) Each warrant and check drawn and issued shall be signed by the controller and countersigned by the state treasurer. Facsimiles of such signature and countersignature may be affixed by a mechanical device. The signature of the controller on a warrant or check, however affixed, shall constitute full and complete authority to the state treasurer to pay the amount thereof upon presentation to him or her.
(8) Each warrant or check drawn and issued shall bear a notation clearly printed in a prominent position upon its face stating that it shall be void after six months from its date of issue. Upon satisfactory proof furnished of loss or destruction, during said six-month period, of any warrant or check drawn and issued in payment of an approved expenditure or claim, the controller shall cause a duplicate of such lost or destroyed warrant or check to be drawn and issued in favor of the original payee or his or her assignee, as the case may be. The issuing state agency shall thereupon void said original warrant or check, and, if it thereafter is presented for payment, the state treasurer shall refuse payment thereof.
(8.5) Any other provision of law to the contrary notwithstanding, the controller may, after adequate notification to the state treasurer, make payment by means of an electronic fund transfer. Payment by electronic fund transfer shall be in lieu of payment by state warrant or check and shall discharge the controller's obligation with respect to payment. Any unauthorized use of the electronic fund transfer capability shall be reported to the controller within twenty-four hours after occurrence or disclosure becomes known. Immediately upon discovery of unauthorized use, measures that will prevent further unauthorized use shall be implemented.
(9) (a) Every warrant and check drawn and issued that has not been presented to the state treasurer for payment and remains unpaid shall be canceled pursuant to fiscal rules promulgated by the state controller and transferred to the unclaimed property trust fund created in section 38-13-801 (1)(a); except that the amount of any warrant or check drawn on the wildlife cash fund created in section 33-1-112 (1), other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application, shall be credited to that fund and the amount of any warrant or check representing money received by the federal government shall be processed in accordance with federal program guidelines for disposition of those moneys.
(b) If at any time thereafter application is made to the controller for reissuance of any warrant or check that has been canceled and expunged from the records and it appears that the expenditure or claim that the canceled warrant or check represented is still valid and unpaid, the controller shall issue a new warrant or check, and the amount thereof shall be charged to the fund or account to which the amount of the canceled warrant or check was previously credited.
(c) In the event of any conflict between this subsection (9) and any provision of the Revised Uniform Unclaimed Property Act, article 13 of title 38, the provisions of the Revised Uniform Unclaimed Property Act shall control; except that this subsection (9) shall control with regard to:
(I) A tax warrant or check;
(II) Repealed.
(III) That portion of a warrant or check representing moneys received from the federal government;
(IV) A warrant or check drawn on the wildlife cash fund created in section 33-1-112 (1), C.R.S., other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application.
(d) Notwithstanding any provision of this subsection (9) to the contrary, the provisions of this subsection (9) shall not apply to any warrant or check drawn by an institution of higher education or by the Auraria higher education center that is exempt from the state fiscal rules pursuant to paragraph (b) of subsection (13) of this section.
(10) The attorney general shall be the legal adviser of the controller and to the attorney general shall be referred any question concerning the legality of any obligation by or claim against the state.
(11) It is the duty of the controller to keep up to date a detailed list of all sources from which moneys accrue to the state, classified according to the departments, institutions, and other agencies responsible for the collection of the moneys, showing for each of the several units: The several kinds of taxes, fees, and other charges collected or to be collected; the name of the person responsible for collecting public moneys from each such source; and the name of the employee actually engaged in collecting, handling, and depositing such moneys. The controller has the power, and it is his duty with respect to each state tax, to prescribe or approve such accounts and procedures as will provide adequate accounting and current internal audit control of unpaid taxes and other charges and the proceeds of collections and as will furnish the information required for the maintenance of the general accounts of the state. The controller has the power and it is his duty to prescribe the forms to be used by the several units for licenses, permits, and certificates for which fees are prescribed by law and to establish controls of the supplies of such forms.
(12) The controller shall prescribe and cause to be installed a unified and integrated system of accounts for the state. Except as otherwise provided in sections 24-75-201 (2) and 25.5-4-201, C.R.S., such system shall be based upon the accrual system of accounting, as enunciated by the governmental accounting standards board, which shall include:
(a) A set of budgetary control accounts for each fund, which shall be maintained pursuant to the accounts and control functions of the department of personnel;
(b) A set of general controlling proprietary and operating accounts for each fund, which shall be maintained pursuant to the accounts and control functions of the department of personnel, recording the transactions of the fund in summary form and showing the actual current assets, prepaid expenses, current liabilities, deferred credits to income, reserves, actual income, actual expenditures, and current surplus or deficit as the case may be;
(c) A uniform classification of the sources of revenue and nonrevenue receipts, which shall be observed by all the departments, institutions, and other agencies;
(d) A standard classification of the departments, institutions, and other agencies and their principal functions, by major functions of government;
(e) A standard classification of expenditures by activities;
(f) A unified classification of ordinary recurring expenses, extraordinary expenses, and capital outlays, respectively, by the kinds of commodities and services involved, which shall be observed in reporting expenditures, in preparing budget estimates, and in allotting appropriations.
(13) (a) The controller shall promulgate fiscal rules to carry out the functions assigned and the procedures prescribed by this section. Such rules relating to the forms, records, and procedures involved in financial administration shall be binding upon the several departments, institutions, including institutions of higher education except as otherwise provided in paragraph (b) of this subsection (13), and other agencies of the state and upon their several officers and employees.
(b) It is the intent of the general assembly that fiscal rules promulgated by the controller shall be applicable to any institution of higher education; except that the governing board of an institution of higher education that has adopted fiscal procedures and has determined that the fiscal procedures provide adequate safeguards for the proper expenditure of the moneys of the institution may elect to exempt the institution from the fiscal rules promulgated by the controller pursuant to this subsection (13), including any procedures or forms required by law to be promulgated by the controller and any review or approval required to be performed by the controller, and shall not be required to comply with rules promulgated pursuant to this subsection (13) or with the provisions of subsection (1), (5)(b), (20.1), (22), or (26) of this section. The provisions of this paragraph (b) shall also apply to the board of directors of the Auraria higher education center with regard to the expenditure of moneys of the auraria higher education center.
(c) Repealed.
(d) An institution of higher education, including the auraria higher education center, that is exempt from the state fiscal rules pursuant to paragraph (b) of this subsection (13) shall continue to provide to the controller such information as is necessary to enable the controller to meet the obligations set forth in subsection (11) of this section and sections 24-17-102 and 24-30-204; except that an institution of higher education shall be required to provide only such data and reports as are readily accessible to the institution or presently generated by the institution.
(14) If the controller or any other state employee knowingly draws or issues any warrant or check upon the state treasurer not authorized by law, he or she commits a class 2 misdemeanor.
(15) Any person holding the office of state treasurer or controller or any other state officer or employee who, directly or indirectly, receives from any person, body of persons, association, or corporation, for himself or herself or otherwise than in behalf of the state, any reward, compensation, or profit, either in money or other property or thing of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money or other property belonging to the state or in the consideration of the approval or payment of any claim against the state or any other agreement or arrangement touching the use of such money or uses or knowingly permits the use of any such money for any purposes not authorized by law commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(16) Any person who, directly or indirectly, pays or gives to anyone holding the office of state treasurer or controller or to any other state officer or employee or other person any reward or compensation, either in money or other property or things of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money belonging to the state or for which the state is responsible or in consideration of the approval or payment of any claim against the state or of any other agreement or arrangement touching the use of such money commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(17) Any state officer or employee who willfully neglects or refuses to perform the officer's or employee's duty as prescribed in this section or as prescribed in the fiscal rules promulgated by the controller in conformity with this section commits a civil infraction.
(18) (a) to (e) Repealed.
(f) All state agencies are required to make and preserve records of employees' wages and hours and other conditions and practices of employment.
(g) to (j) Repealed.
(19) If any money of the state is paid out from any appropriation or fund for any purpose and such money, or any part thereof, is for any reason subsequently refunded to the state, the controller is authorized to order the money so refunded to be credited to the fund or appropriation from which it was originally paid.
(20) Repealed.
(20.1) The controller, or the controller's designee, is hereby authorized, upon written request made to the controller, to allow any state department, institution, or agency to draw upon its appropriation a sum set by fiscal rule promulgated by the controller, which fiscal rule may not authorize a sum in excess of two thousand five hundred dollars, and considered appropriate for the circumstances, to be used for the payment of incidental expenses. Items of postage, express, telegrams, and other incidental expenses may be paid from such moneys. At the end of each month, or as often as is practicable, the department, institution, or agency making such incidental expenditures shall submit a voucher to the controller covering the total amount of such expenditures and shall submit a list of all such expenditures, together with proper receipts, if any, and the controller shall draw the controller's warrant or check against the proper appropriation to cover all items of expenditures that the controller approves. The controller is also authorized, upon the request of any state department, institution, or agency, to allow a reasonable advance of moneys to employees and officials for authorized travel on official state business not to exceed an amount set by fiscal rule promulgated by the controller.
(21) If, as a result of fire or other insured loss to state property, the state receives moneys from any insurance company, the controller is authorized to deposit such moneys in an account from which he may, without regard to the provisions of part 3 of article 37 of this title and without further legislative action, reimburse contractors for repair, replacement, or reconstruction of state properties damaged or destroyed under a contract executed in accordance with state contracting laws and procedures in effect at the time of the execution of the contract. If the amount of insurance recovery exceeds the actual cost of such repair, replacement, or reconstruction, any balance remaining in said account after payment of actual costs shall revert to the general fund. With respect to the loss or damage to state property which is not insured or the loss or damage to state property which is insured but the insurance does not fully cover the loss or damage, the controller may, with the approval of the governor, without further legislative action, reimburse contractors for the repair, replacement, or reconstruction of such state property up to a maximum amount of one hundred thousand dollars; except that the controller is not authorized to provide for reimbursement for repair, replacement, or reconstruction of state property if the state is self-insured for loss or damage to state property.
(22) The controller shall make uniform and equitable fiscal rules controlling the types of perquisites which may be allowed state employees in the executive branch of government in addition to their regular salaries. Such rules shall include the eligibility of employees to receive such perquisites, the charges to be made for such perquisites, and the method of payment of such charges to the state. Before such rules become effective, they shall be approved by the governor. No employee shall have authority to grant to himself or herself or to any other employee under his or her supervision any perquisite, nor shall any employee receive any perquisite without full payment therefor, except as provided for by statute or by the rules of the controller as authorized in this section. Charges prescribed by such rules shall be reviewed annually by the controller.
(23) Repealed.
(24) (a) The controller shall promulgate fiscal rules requiring that disbursements made in the payment of any liability incurred on behalf of the executive branch of this state be made within forty-five days after such liability was incurred or shall pay interest from the forty-fifth day at a rate of one percent per month on the unpaid balance until the account is paid in full.
(b) As used in subsection (24)(a) of this section, liability incurred on behalf of the state means the receipt of supplies, as defined in section 24-101-301 (47), or services, as defined in section 24-101-301 (42), and receipt of a correct notice of the amount due, by the state agency procuring such supplies or services from a nongovernmental entity. No liability is incurred on behalf of the state if a good faith dispute exists as to the state's obligation to pay all or a portion of the account. Nothing in this subsection (24) shall be construed to affect any provision for the time of payment in a written contract between a state agency procuring services or supplies and a nongovernmental entity.
(25) (a) (Deleted by amendment, L. 2005, p. 278, § 9, effective August 8, 2005.)
(b) On July 1, 1985, the controller shall, by fiscal rule, provide for the assessment of a reasonable monetary penalty based on cost against any person who issues a check returned for insufficient funds to any state department, institution, or agency in payment of fees, fines, or other moneys due the state.
(c) For the purposes of this subsection (25), insufficient funds means not having a sufficient balance in account with a bank or other drawee for the payment of a check when presented for payment within thirty days after issue.
(d) The penalty provided for in this subsection (25) shall be assessed in addition to any other penalties provided by law except for the penalty provided in section 24-35-114 relating to checks issued to the department of revenue.
(26) The controller shall promulgate equitable fiscal rules concerning travel policies applicable to state employees, including methods of transportation, travel advances, reimbursements, travel allowances, use of travel agents, and use of state or privately owned vehicles, and may promulgate such rules for the implementation of a state travel policy as he deems necessary to assure fair and reasonable expenditures.
(27) To avoid the imposition of duplicative or excessively burdensome or numerous reporting requirements upon state-supported institutions of higher education and to encourage the promulgation of reporting rules that, to the extent possible, require such institutions to provide only data and reports readily accessible to or presently generated by such institutions, the controller shall consult with the Colorado commission on higher education before adopting, amending, or repealing rules affecting or creating reporting requirements applicable to such institutions.
(28) (a) As used in this subsection (28):
(I) (A) Charitable food organization means a charitable organization, including a faith-based organization, exempt from federal taxation under the provisions of the federal Internal Revenue Code of 1986, as amended, that distributes food directly or indirectly for hunger relief in the community.
(B) Charitable food organization includes a school food authority as defined in section 22-32-120 (8).
(II) State agricultural products means agricultural products produced in the state in accordance with section 24-103-907 (3)(a).
(b) The controller shall promulgate fiscal rules to clarify that state agencies may, under review of the state controller, provide for advance payment for the purchase of state agricultural products by a charitable food organization using state grant money, and may include, as the controller deems necessary, rules for the implementation of the advance payment policy including proper accounting, compliance with industry standards, and determination that the advance payment provides a benefit to the state at least equal to the cost and risk of the advance payment.
Source: L. 47: p. 224, § 3. CSA: C. 3, § 12(1). L. 49: pp. 199, 200, 683, §§ 1, 1, 4. CRS 53: § 3-3-2. L. 57: pp. 120, 121, §§ 1, 1. L. 61: pp. 130-132, §§ 1, 1, 1. L. 63: pp. 125, 230, §§ 1, 2. C.R.S. 1963: § 3-3-2. L. 65: p. 142, § 1. L. 69: pp. 74, 75, §§ 1, 1. L. 70: p. 107, § 4. L. 71: pp. 85, 87, 89, 91, §§ 1, 1, 1, 1. L. 72: p. 576, § 1. L. 73: p. 168, § 1. L. 75: (23) added, p. 801, § 1, effective July 1. L. 76: (20) amended, p. 610, § 1, effective April 16; (21) amended, p. 305, § 43, effective May 20. L. 77: (5)(a) amended, p. 1170, § 1, effective May 27; (18) R&RE, p. 1171, § 1, effective July 1; (15) and (16) amended, p. 879, § 52, effective July 1, 1979. L. 80: (13) amended, p. 570, § 2, effective March 17. L. 83: (20) amended and (13)(c), (20.1), and (24) added, pp. 858, 859, 860, 882, §§ 2, 4, 5, 1, effective July 1. L. 84: (25) added and (18)(j) and (20) amended, pp. 675, 677, §§ 1, 2, effective July 1. L. 85: (26) added, p. 875, § 11, effective June 6. L. 86: (18)(a), (18)(e), and (18)(h) amended and (18)(j) repealed, pp. 889, 890, §§ 1, 3, effective April 13. L. 86, 2nd Ex. Sess.: (21) amended, p. 68, § 14, effective August 25. L. 87: (20.1) amended, pp. 934, 1118, §§ 1, 2, effective April 22. L. 88: (3) amended, p. 912, § 2, effective March 18; (21) amended, p. 1431, § 11, effective June 11. L. 89: (15) and (16) amended, p. 844, § 111, effective July 1. L. 90: (26) amended, p. 1307, § 1, effective July 1. L. 91: (2) amended and (8.5) added, p. 881, § 1, effective March 12; (5)(b) amended, p. 1058, § 14, effective July 1. L. 92: IP(12) amended, p. 1080, § 1, effective March 14; (18)(h) repealed, p. 1056, § 1, effective May 21. L. 93: (5.5) added, p. 2031, § 1, effective June 9; (18)(a) to (18)(e), (18)(g), and (18)(i) repealed, p. 35, § 1, effective July 1. L. 95: (5.5) amended, p. 641, § 35, effective July 1; (9)(c) added, p. 522, § 1, effective July 1; (27) added, p. 40, § 3, effective January 1, 1996. L. 96: (18)(f) amended and (23) repealed, p. 1495, §§ 3, 4, effective June 1; (10), (12)(a), and (12)(b) amended, p. 1517, § 50, effective June 3; (4) amended, p. 1869, § 3, effective June 6. L. 97: (20.1) amended, p. 49, § 1, effective March 21; (1) amended, p. 941, § 1, effective July 1. L. 98: IP(12) amended, p. 849, § 4, effective May 26. L. 99: (5.5) and (26) amended, p. 688, § 8, effective August 4. L. 2001: (1) amended, p. 114, § 1, effective August 8. L. 2002: (15) and (16) amended, p. 1531, § 244, effective October 1. L. 2003: IP(12) amended, p. 14, § 1, effective March 5; (8) amended, p. 557, § 1, effective August 6; (9)(c)(II) repealed, p. 721, § 2, effective August 6. L. 2005: (25)(a) amended, p. 278, § 9, effective August 8. L. 2006: IP(12) amended, p. 2010, § 72, effective July 1. L. 2008: (9)(a) amended and (9)(c)(IV) added, p. 1075, §§ 1, 2, effective May 22. L. 2010: (1) and (20.1) amended, (HB 10-1181), ch. 351, pp. 1630, 1619, §§ 26, 1, effective June 7; (9)(d) added and (13) and (22) amended, (SB 10-003), ch. 391, pp. 1849, 1848, §§ 26, 25, effective June 9. L. 2013: (5)(b) amended and (5)(c) added, (HB 13-1235), ch. 375, p. 2206, § 1, effective June 5. L. 2014: (6) to (9), (14), and (20.1) amended, (HB 14-1391), ch. 328, p. 1449, § 6, effective June 5. L. 2017: (26) amended, (HB 17-1058), ch. 18, p. 58, § 2, effective March 8; (9)(a) amended, (SB 17-046), ch. 116, p. 414, § 1, effective August 9; (24)(b) amended, (HB 17-1051), ch. 99, p. 350, § 64, effective August 9. L. 2018: (1) amended, (HB 18-1421), ch. 395, p. 2354, § 1, effective June 6. L. 2019: IP(9)(c) amended, (SB 19-088), ch. 110, p. 467, § 7, effective July 1, 2020. L. 2021: (5)(b) and (5.5) amended, (HB 21-1316), ch. 352, p. 2024, § 31, effective July 1; (1) amended, (HB 21-1236), ch. 211, p. 1116, § 16, effective September 7; (14) and (17) amended, (SB 21-271), ch. 462, p. 3225, § 411, effective March 1, 2022. L. 2023: (28) added, (HB 23-1087), ch. 45, p. 170, § 1, effective August 7. L. 2024: (4.3) added, (HB 24-1466), ch. 429, p. 2934, § 7, effective June 5. L. 2025: (9)(a) amended, (SB 25-300), ch. 428, p. 2449, § 29, effective August 6.
Editor's note: (1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L.79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
(2) Subsection (13)(c)(II) provided for the repeal of subsection (13)(c), effective June 30, 1985, and subsection (20) provided for the repeal of subsection (20), effective June 30, 1985. (See L. 83, p. 859.)
Cross references: For the legislative declaration contained in the 1995 act amending subsection (5.5), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration contained in the 2002 act amending subsections (15) and (16), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (9)(d) and amending subsections (13) and (22), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
24-30-202.4. Collection of debts due the state - state agency options - controller's duties - offsetting disbursements - definitions. (1) A state agency is responsible for the collection of any debt owed to it. The controller shall advise the various state agencies concerning the collection of debts due the state through the agencies, in accordance with the fiscal rules promulgated by the controller in accordance with subsection (2) of this section, to achieve the prompt collection of debts due the agencies.
(2) (a) The controller shall promulgate fiscal rules for collection of debts due to a state agency; except that the fiscal rules do not apply to those debts under the jurisdiction of the department of revenue referred to in section 24-35-108 (1)(a). The controller shall include in the fiscal rules any requirements for a state agency to refer a debt to private counsel or a private collection agency under subsection (2)(b) of this section or to certify a debt to the department of revenue under subsection (2.5) of this section.
(b) A state agency may refer the debt to a private counsel or private collection agency. The controller shall establish a list of private counsel or private collection agencies that a state agency may contract with for debt collection services. The controller must select the private counsel or private collection agencies included in the list of private counsel or private collection agencies through competition pursuant to the Procurement Code, articles 101 to 112 of this title 24.
(2.5) A state agency may certify the amount of a debt due to the state to the department of revenue in order for the department to provide lottery offsets in accordance with section 24-30-202.7, and an offset of a state tax refund due the debtor under section 39-21-108 (3), and to the registry operator in order for the registry operator to provide limited gaming offsets in accordance with the Gambling Payment Intercept Act, part 6 of article 35 of this title 24.
(3) (a) (Deleted by amendment, L. 2021.)
(b) (Deleted by amendment, L. 91, p. 839, § 1, effective January 1, 1992.)
(c) The controller, with the consent of the state treasurer, is authorized to release or compromise any debt due the state, but only in accordance with the rules applicable thereto. Such rules may provide delegated authority and criteria for release and compromise of debts and may include provisions to prohibit the referral of debts for tax offset based on the age or amounts of debts.
(d) Proceeds of debts collected by a state agency or by a private counsel or private collection agency are accounted for and paid into the fund from which the receivable was derived, and if the fund is no longer in existence, it is paid into the general fund.
(e) Repealed.
(f) and (g) (Deleted by amendment, L. 2021.)
(3.5) (a) (I) The controller shall approve disbursements from state funds from the state's central accounting system in accordance with section 24-30-202 (2). If there is an unpaid balance or debt owed, a state agency may direct the controller to withhold the amount of the disbursement that does not exceed the amount of:
(A) Any unpaid child support debt as set forth in section 14-14-104, or child support arrearages that are the subject of enforcement services provided pursuant to section 26-13-106, as certified by the department of human services;
(B) Any unpaid balance of tax, accrued interest, or other charges specified in article 21 of title 39, that is subject to offset under section 39-21-108 (3), and owing by the payee according to the records of the controller;
(C) Any unpaid debt owing to the state or any agency thereof by a payee, the amount of which is found to be owing as a result of a final agency determination or the amount of which has been reduced to judgment;
(D) Any unpaid loan due to the student loan division of the department of higher education as set forth in section 23-3.1-104 (1)(p), found to be owing to the division by a payee as a result of final agency determination; or
(E) Any amount required to be paid to the unemployment compensation fund pursuant to articles 70 to 82 of title 8, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision or that has been reduced to judgment by the division of unemployment insurance in the department of labor and employment.
(II) Any money withheld for payment of child support debt or child support arrearages pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the department of human services. For all names and amounts certified by the department of human services pursuant to section 26-13-111, the controller shall provide to the department of human services the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(II) and any other identifying information as required by the department of human services.
(III) Any money withheld for payment of an unpaid balance of tax, interest, or other charges specified in subsection (3.5)(a)(I) of this section and subject to offset under section 39-21-108 (3), is deposited with the state treasurer. For all names and amounts submitted by the executive director of the department of revenue pursuant to section 39-21-114 (10), the controller shall provide to the department the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(III).
(IV) Any money withheld for payment of an unpaid debt owing to the state pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer. For all names and amounts certified by a state agency pursuant to subsection (3.5)(a) of this section, the controller shall provide to the state agency the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(IV).
(V) All money withheld for payment of a student loan division debt pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the state treasurer to the division. For all names and amounts certified by the division pursuant to section 23-3.1-104 (1)(q), the controller shall provide to the division the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(V).
(VI) The controller shall deposit with the state treasurer any money withheld for payment of unemployment compensation debt pursuant to subsection (3.5)(a)(I) of this section, and the state treasurer shall credit the money to the unemployment compensation fund. For all names and amounts certified by the division of unemployment insurance, the controller shall provide to the division the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(VI).
(VII) The controller shall pay any approved disbursement in excess of the unpaid balance or debt to the approved payee.
(b) In the event that there are debts for unpaid child support, as set forth in section 26-13-111, debts for an unpaid balance of tax, interest, or other charges pursuant to article 21 of title 39, and other debts owing to the state or any agency thereof as set forth in subsection (3.5)(a)(I) of this section, the amount withheld pursuant to subsection (3.5)(a)(I) of this section is credited to the unpaid debts and is applied first to those unpaid debts in the order they appear in this subsection (3.5)(b), and any remaining amounts withheld pursuant to subsection (3.5)(a)(I) of this section is applied based on the priority determined by the controller.
(c) (Deleted by amendment, L. 2021.)
(4) (Deleted by amendment, L. 99, p. 689, § 9, effective August 4, 1999.)
(5) (Deleted by amendment, L. 2021.)
(6) Any contract awarded to private counsel or private collection agency shall require that the contractor remain licensed under the contractor's respective occupational licensing statutes or rules during the term of the contract. The contract shall require that a private counsel or private collection agency shall at all times act in compliance with the provisions of the Colorado Fair Debt Collection Practices Act, article 16 of title 5, and in compliance with any rules promulgated by the controller.
(7) (Deleted by amendment, L. 2021.)
(8) (a) A collection fee for a private collection agency shall not exceed eighteen percent of the debt, and the fee for private counsel shall not exceed twenty-five percent of the debt. All fees collected and retained by a private collection agency or private counsel as payment for services collecting a debt that are not deposited in the state treasury are not subject to article 36 of title 24 or section 20 of article X of the state constitution.
(b) The debtor is liable for repayment of the total amount of a debt due to the state, including collection fee charged by the private collection agency or private counsel, plus allowable fees and costs pursuant to subsection (8)(c) of this section and the delinquency charge pursuant to section 24-79.5-102.
(c) If a debt due to the state is litigated and the state prevails, in addition to the collection fee, the debtor shall also be liable for the following:
(I) Reasonable attorney fees as may be determined by the court;
(II) Court costs as described in section 13-16-122; and
(III) Fees incurred by the state's attorney in processing the litigation and collection of any judgment.
(d) If a debt due to the state is in the form of a check, draft, or order not paid upon presentment, the state agency is entitled, in addition to a collection fee, if applicable, to collect damages as specified in section 13-21-109 (1)(b)(II) and (2)(a).
(9) and (10) (Deleted by amendment, L. 2021.)
Source: L. 75: Entire section added, p. 798, § 2, effective July 1. L. 83: (2) amended, p. 793, § 3, effective June 3. L. 84: (3)(a) and (3)(d) amended and (3)(e) added, p. 1013, § 2, effective April 27. L. 91: (3)(a) amended and (7) added, p. 802, § 1, effective May 24; (2), (3)(a)(I), (3)(b), (3)(d), (3)(e), and (4) amended and (5) and (6) added, p. 839, § 1, effective January 1, 1992. L. 95: (1), (2), and (3)(a) amended, p. 642, § 36, effective July 1. L. 97: (3.5) added, p. 941, § 2, effective July 1. L. 99: (3)(d), (4), and (7) amended, p. 689, § 9, effective August 4. L. 2002: (3)(a)(II) amended, p. 101, § 4, effective August 7. L. 2006: (1), (2), (3)(c), (3)(d), and (5) amended and (2.5), (8), and (9) added, p. 1159, § 2, effective May 25. L. 2010: (2), (8)(a), and (8)(b) amended, (HB 10-1181), ch. 351, p. 1619, § 2, effective June 7; (2) and (3)(a)(II) amended, (SB 10-003), ch. 391, p. 1850, § 28, effective June 9. L. 2011: (3)(f) added, (SB 11-226), ch. 190, p. 733, § 3, effective May 19; (3)(g) added, (SB 11-051), ch. 286, p. 1331, § 1, effective August 10. L. 2012: IP(3.5)(a)(I), (3.5)(a)(I)(E), and (3.5)(a)(VI) amended, (HB 12-1120), ch. 27, p. 107, § 22, effective June 1. L. 2013: (2.5) amended and (10) added, (SB 13-247), ch. 296, p. 1581, § 1, effective August 7. L. 2017: (6) and IP(9) amended, (HB 17-1238), ch. 260, p. 1173, § 20, effective August 9. L. 2018: (2) amended, (HB 18-1047), ch. 155, p. 1096, § 9, effective April 23; (8)(a) amended, (HB 18-1057), ch. 314, p. 1896, § 2, effective July 1, 2019. L. 2021: Entire section amended, (SB 21-055), ch. 12, p. 67, § 1, effective March 21.
Editor's note: (1) Amendments to subsection (3)(a) by Senate Bill 91-15 and Senate Bill 91-140 were harmonized.
(2) Amendments to subsection (2) by Senate Bill 10-003 and House Bill 10-1181 were harmonized.
(3) The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
(4) Subsection (3)(e)(II) provided for the repeal of subsection (3)(e), effective July 1, 2021. (See L. 2021, p. 67.)
Cross references: For the legislative declaration contained in the 1995 act amending subsections (1), (2), and (3)(a), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in the 2010 act amending subsections (2) and (3)(a)(II), see section 1 of chapter 391, Session Laws of Colorado 2010.
24-30-202.5. Assistant state solicitors general. The state solicitor general shall appoint such assistants as are reasonably necessary to perform the legal services which the controller may require to carry out the duties of collection of debts due the state.
Source: L. 75: Entire section added, p. 799, § 2, effective July 1. L. 96: Entire section amended, p. 1517, § 51, effective June 1.
24-30-202.7. Lottery winnings offset - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Debtor means a person who owes an outstanding debt.
(b) Outstanding debt means any unpaid debt due to the state that is certified by a state agency pursuant to section 24-30-202.4 (2.5), including the collection fee and any allowable fees and costs pursuant to section 24-30-202.4 (8).
(2) A state agency shall provide to the department of revenue the social security number of the debtor, the amount of the debtor's outstanding debt, and any other identifying information required by the department of revenue.
(3) Upon receiving notification from the department of revenue that a lottery cash prize winner appears among those certified by a state agency, the department of revenue shall notify the debtor, in writing, that the state intends to offset the debtor's outstanding debt against the debtor's winnings from the state lottery.
(4) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 44-40-113, the proceeds of the outstanding debt collected shall be accounted for and deposited into the fund or funds required pursuant to section 24-30-202.4 (3)(d).
(5) The executive director of the department of personnel shall promulgate rules pursuant to article 4 of this title establishing procedures to implement this section.
Source: L. 2011: Entire section added, (SB 11-051), ch. 286, p. 1331, § 2, effective August 10. L. 2013: (1)(b) amended, (SB 13-247), ch. 296, p. 1583, § 2, effective August 7. L. 2018: (4) amended, (HB 18-1027), ch. 31, p. 363, § 10, effective October 1; (4) amended, (HB 18-1375), ch. 274, p. 1706, § 37; effective October 1. L. 2021: (1)(b), (2), and (3) amended, (SB 21-055), ch. 12, p. 77, § 11, effective March 21.
24-30-203. Refunds of money erroneously collected. (1) In all cases not otherwise provided for by specific statute, whenever any money not owed or belonging to the state of Colorado is collected or received by the state of Colorado through mistake either of law or of fact, upon proper showing made to the satisfaction of the head of the department of the state of Colorado that collected or received such money and upon proper voucher drawn by such department head and approved by the governor and controller, the controller is authorized to draw a warrant or check to refund such money to the person from whom it was collected or received. Such refund shall be made from the fund into which such money was deposited. No refund made under the authority of this section shall be made unless a claim therefor is filed within one year after such money is collected or received by the state of Colorado.
(2) Nothing in this section shall alter, modify, or amend the procedure, time of filing claims, or methods of processing or paying refunds specifically provided for in other statutes.
Source: L. 47: p. 810, §§ 1, 2. CSA: C. 153, §32(1). CRS 53: § 130-2-5. C.R.S. 1963: §130-2-5. L. 2014: (1) amended, (HB 14-1391), ch. 328, p. 1451, § 7, effective June 5.
24-30-203.5. Recovery audits - legislative declaration - contracting - reporting - definitions - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1176), ch. 402, p. 1937, § 1, effective June 10. L. 2011: (1)(a), (1)(b)(I), (1)(b)(II), IP(2)(b), (2)(c), (3)(a), (3)(b)(II), (4), (5), and (6)(c) amended and (8) and (9) added, (HB 11-1307), ch. 270, p. 1226, § 1, effective June 2. L. 2013: (3)(a), (4)(b), and (6)(c) amended, (HB 13-1286), ch. 311, p. 1640, § 1, effective May 28. L. 2021: (10) added, (SB 21-222), ch. 92, p. 374, § 1, effective May 4.
Editor's note: Subsection (10) provided for the repeal of this section, effective July 1, 2022. (See L. 2021, p. 374.)
24-30-204. Fiscal year. (1) The fiscal year of the state government shall commence on July 1 and end on June 30 of each year. This fiscal year shall be followed in making appropriations and in financial reporting and shall be uniformly adopted by all departments, institutions, and agencies in the state government except the department of transportation, which shall prepare and submit its budget as required by law. Financial statements for the fiscal year shall be submitted by each department, institution, or agency to the controller no later than August 25. Notwithstanding section 24-1-136 (11)(a)(I), the controller shall prepare financial statements in accordance with generally accepted accounting principles and submit these financial statements to the governor and the general assembly no later than September 20. The controller may grant an extension, not to exceed twenty days, to any department, institution, or agency because of administrative hardship in complying with this section.
(2) (a) For fiscal years commencing on or after July 1, 1992, in addition to the financial statements required pursuant to subsection (1) of this section, all departments, institutions, and agencies in the state government shall submit a quarterly report of financial information to the controller no later than thirty days after the last day of each fiscal year quarter. Such report shall include such financial information as deemed reasonable and necessary by the controller. Such report shall include, but shall not be limited to, sufficient financial information for the controller to determine if such department, institution, or agency is properly crediting monthly revenues and accruals and is properly billing the federal government, in a timely manner, for reimbursement of state moneys expended for federal programs. The controller shall work with all departments to develop a format for such quarterly report of each department, institution, and agency.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), a governing board that implements a capital construction or acquisition project as described in section 23-1-106 (9), C.R.S., is not required to submit for the project quarterly reports as described in paragraph (a) of this subsection (2).
(3) The official books of the state shall be closed no later than thirty-five days after the end of the fiscal year. As of this date, all adjusted revenue, expenditures, and expense accounts shall be closed into the state accounting system in order to divide the financial details of the state into comparable periods.
Source: L. 41: p. 55, § 14. CSA: C. 3, § 14. CRS 53: § 3-3-4. C.R.S. 1963: § 3-3-4. L. 81: Entire section amended, p. 1162, § 1, effective May 29. L. 91: Entire section amended, p. 1058, § 15, effective July 1. L. 92: Entire section amended, p. 1080, § 2, effective March 4. L. 94: Entire section amended, p. 828, § 2, effective July 1, 1995. L. 2011: (2) amended, (HB 11-1301), ch. 297, p. 1430, § 28, effective August 10. L. 2016: (2)(b) amended, (SB 16-204), ch. 222, p. 852, § 3, effective June 6. L. 2017: (1) amended, (HB 17-1058), ch. 18, p. 58, § 3, effective March 8.
Cross references: For the budget procedure by the Colorado department of transportation, see § 43-1-113.
24-30-205. Duties of controller. The controller shall be devoted full time to the duties of the office and shall follow no other gainful employment. During the consideration of the budget and appropriation bills by the general assembly, it is the controller's duty, upon demand by either house of the general assembly or any committee thereof, to appear before the same and render any testimony, explanation, or assistance required. The controller shall have the technical and clerical assistance as, in the opinion of the governor, the execution of the controller's duties requires. The controller shall be furnished with suitable office space for the performance of the controller's duties.
Source: L. 41: p. 55, § 16. CSA: C. 3, § 16. CRS 53: § 3-3-6. C.R.S. 1963: § 3-3-6. L. 96: Entire section amended, p. 1495, § 5, effective June 1.
24-30-206. Work program - allotments - revision. (Repealed)
Source: L. 41: p. 56, § 17. CSA: C. 3, § 17. CRS 53: § 3-3-7. C.R.S. 1963: § 3-3-7. L. 88: Entire section amended, p. 908, § 1, effective March 18. L. 91: Entire section amended, p. 865, § 1, effective April 20. L. 96: (1)(a) amended, p. 789, § 1, effective May 23; (1)(a) and (1)(b) amended, p. 1517, § 52, effective June 1. L. 97: Entire section repealed, p. 1095, § 8, effective May 27; entire section repealed, p. 378, § 12, effective August 6.
24-30-207. Reports of revenue and expenditures.
(1) Repealed.
(2) On or before September 15 of each year, the controller shall prepare and transmit to the executive director of the department of revenue a graphic summary of statewide revenue and expenditures of the state as published in the controller's comprehensive annual financial report. The executive director of the department of revenue shall print such summary each year in a prominent location on the state income tax instruction booklet. The summary shall be for the last complete fiscal year.
(3) For the 1997-98 fiscal year and for each fiscal year thereafter, the controller shall prepare a report for the state ascertaining the amount of uncommitted reserves, as defined in section 24-75-402 (2)(h), credited to each state cash fund, as defined by section 24-75-402 (2)(b). The state controller shall include in the report the amount of the capital reserve that is excluded from the definition of uncommitted reserves in accordance with section 24-75-402 (2)(h)(I). The state auditor shall audit such report. Such report must be delivered to the office of state planning and budgeting and to the joint budget committee of the general assembly on or before September 20 of each year.
Source: L. 41: p. 57, § 18. CSA: C. 3, § 18. CRS 53: § 3-3-8. C.R.S. 1963: § 3-3-8. L. 68: p. 100, § 48. L. 83: Entire section amended, p. 884, § 1, effective May 31. L. 96: (1) repealed, p. 1271, § 202, effective August 7. L. 98: (3) added, p. 1317, § 2, effective June 1. L. 2015: (3) amended, (HB 15-1280), ch. 176, p. 573, § 2, effective May 11.
Editor's note: Section 5 of chapter 176 (HB 15-1280), Session Laws of Colorado 2015, provides that changes to this section by the act apply to fiscal years that begin on or after July 1, 2014.
Cross references: For the legislative declaration contained in the 1996 act repealing subsection (1), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-30-208. Information Coordination Act - policy - functions of the division of accounts and control. (Repealed)
Source: L. 83: Entire section repealed, p. 846, § 86, effective July 1.
Cross references: For the present provision concerning information coordination, see § 24-1-136.
24-30-209. Statewide financial and human resources information technology systems - billing process - statewide financial information technology systems cash fund - creation. (1) The executive director of the department of personnel or the executive director's designee shall develop a method for billing users of the department's statewide financial and human resources information technology systems services for the full cost of the service, including materials; depreciation related to capital costs; labor; and administrative overhead. Any moneys generated from the billing required pursuant to this subsection (1) shall be deposited in the statewide financial information technology systems cash fund created in subsection (2) of this section.
(2) (a) There is hereby created in the state treasury the statewide financial information technology systems cash fund. The fund consists of moneys deposited into the fund pursuant to subsection (1) of this section. The moneys in the fund are annually appropriated to the department of personnel for the costs of information technology maintenance and upgrades and for the direct and indirect costs of the department in connection with statewide financial and human resources information technology systems.
(b) All interest earned on the investment of moneys in the statewide financial information technology systems cash fund is credited to the fund. Any unexpended and unencumbered moneys in the fund at the end of any fiscal year remain in the fund and do not revert to the general fund or any other fund.
Source: L. 2015: Entire section added, (SB 15-246), ch. 134, p. 412, § 1, effective May 1.
24-30-210. Cash fund solvency fund - creation - loans - report - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) When fee-funded programs use multi-year licensing and service periods, state agencies may have revenue shortfalls during off-cycle years in which revenue collections are dramatically lower than they are in on-cycle years;
(b) The COVID-19 pandemic has reduced fee revenue or disrupted the fee cycle for many state programs, which exacerbates the need for a multi-year, cash-management solution to smooth out revenue fluctuations;
(c) Fee-funded state programs should be able to weather the current and future economic downturns without resorting to large, short-term fee increases on businesses and Coloradans as they are recovering from the downturn; and
(d) Providing fee-funded programs adequate, multi-year flexibility to manage cash flows while also maintaining the existing safeguards against overcharging fee payers for services is an important state function.
(2) The cash fund solvency fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the cash fund solvency fund to the fund.
(3) (a) Notwithstanding any provision of law to the contrary, upon the request of the office of state planning and budgeting, the state controller may transfer money from the fund to another cash fund if the state controller determines that:
(I) The primary source of revenue in the cash fund is from fee revenue;
(II) The fee revenue is collected on a multi-year licensing and service period or there has been an unexpected, significant decrease in fee revenue collected; and
(III) The cash fund will have a deficit based on current expenditures in the absence of a significant fee increase, unless a loan is made to the cash fund.
(b) After a transfer to a cash fund under subsection (3)(a) of this section, the state controller shall transfer the same amount of money from the cash fund back to the cash fund solvency fund in one or more installments. The state controller shall establish the terms of the repayment transfers, which may be over multiple fiscal years.
(4) On July 1, 2021, the state treasurer shall transfer three million one hundred thousand dollars from the general fund to the fund.
(5) Notwithstanding section 24-1-136 (11), on or before November 1, 2021, and each November 1 thereafter, the state controller shall annually report to the joint budget committee and the office of state planning and budgeting about any transfers that have been made under this section, the terms of the repayment transfers, and the amount that has been repaid.
Source: L. 2021: Entire section added, (SB 21-283), ch. 303, p. 1819, § 1, effective June 23.
PART 3
DIVISION OF BUDGETING
24-30-301 to 24-30-307. (Repealed)
Source: L. 76: Entire part repealed, p. 306, § 44, effective May 20.
Editor's note: This part 3 was numbered as article 31 of chapter 3, C.R.S. 1963. For amendments to this part 3 prior to its repeal in 1976, 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
MOTOR VEHICLE POOLS
24-30-401 to 24-30-403. (Repealed)
Source: L. 92: Entire part repealed, p. 1007, § 5, effective July 1.
Editor's note: (1) This part 4 was numbered as article 4 of chapter 3, C.R.S. 1963. For amendments to this part 4 prior to its repeal in 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Provisions relating to motor vehicle pools are now located in part 11 of this article.
PART 5
DIVISION OF PUBLIC WORKS
24-30-501 to 24-30-509. (Repealed)
Source: L. 75: Entire part repealed, p. 822, § 21, effective July 18.
Editor's note: (1) This part 5 was numbered as article 1 of chapter 106, C.R.S. 1963. For amendments to this part 5 prior to its repeal in 1975, 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) When the division of public works was abolished in 1975, its powers, duties, and functions were transferred to the office of state planning and budgeting. These were then repealed in 1979; except that the substantive provisions of § 24-30-508, concerning the provision of maintenance for the state capitol buildings group, were retained in § 24-82-101.
PART 6
DIVISION OF AUTOMATED DATA PROCESSING
24-30-601 to 24-30-607. (Repealed)
Source: L. 87: Entire part repealed, p. 984, § 7, effective July 1.
Editor's note: This part 6 was numbered as article 26 of chapter 3, C.R.S. 1963. For amendments to this part 6 prior to its repeal in 1987, 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 7
CLAIMS AGAINST STATE - CLAIMS COMMISSION
24-30-701 to 24-30-711. (Repealed)
Source: L. 77: Entire part repealed, p. 1176, § 2, effective January 1, 1978.
Editor's note: This part 7 was numbered as article 10 of chapter 130, C.R.S. 1963. For amendments to this part 7 prior to its repeal in 1978, 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 8
INCENTIVE AWARD SUGGESTION SYSTEM
24-30-801 to 24-30-805. (Repealed)
Source: L. 2004: Entire part repealed, p. 304, § 2, effective April 7.
Editor's note: This part 8 was numbered as article 20 of chapter 3, C.R.S. 1963. For amendments to this part 8 prior to its repeal in 2004, 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 9
TELECOMMUNICATIONS COORDINATION WITHIN STATE GOVERNMENT
24-30-901 to 24-30-909. (Repealed)
Source: L. 2008: Entire part repealed, p. 1131, § 18, effective May 22.
Editor's note: This part 9 was numbered as article 30 of chapter 3, C.R.S. 1963. For amendments to this part 9 prior to its repeal in 2008, 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. The provisions of this part 9 were relocated to part 5 of article 37.5 of this title. For the location of specific provisions, see the editor's notes following those sections that were relocated in said part 5.
PART 10
OFFICE OF ADMINISTRATIVE COURTS
Law reviews: For article, Hidden in Plain Sight: The Office of Administrative Courts' ADR Program, see 43 Colo. Law. 31 (Jan. 2014).
24-30-1001. Office of administrative courts - administrative courts cash fund - creation. (1) Effective July 1, 2005, there is created the office of administrative courts in the department of personnel, the head of which is the executive director of the department of personnel. The office of administrative courts is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel.
(2) The executive director of the department of personnel shall establish and maintain administrative offices and courts for the office of administrative courts in Denver, and in the southern region and on the western slope of the state, in addition to such other offices and courts as the executive director deems necessary to carry out the powers, duties, and functions of the office of administrative courts.
(3) The executive director of the department of personnel shall establish any fees or cost allocation billing process necessary to pay for the direct and indirect costs of the office of administrative courts. The department of personnel shall not establish a fee for individuals or beneficiaries that have a right to an administrative hearing without prior approval of the associated state agency and formal rule-making related to the fee pursuant to article 4 of this title. All moneys collected shall be transmitted to the state treasurer, who shall credit the same to the administrative courts cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of the office of administrative courts. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
Source: L. 76: Entire part added, p. 585, § 19, effective May 24. L. 87: (1) amended, p. 936, § 2, effective March 13. L. 91: (3) added, p. 1338, § 56, effective July 1. L. 95: (1), (3)(a), and (3)(c) amended and (4) added, p. 645, § 43, effective July 1. L. 2005: Entire section R&RE, p. 851, § 2, effective June 1. L. 2009: (3) added, (HB 09-1150), ch. 309, p. 1665, § 2, effective August 5. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3420, § 193, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending subsections (1), (3)(a), and (3)(c) and adding subsection (4), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-30-1002. Appropriation of moneys. All moneys appropriated for expenditure by any state agency for administrative law judges appointed pursuant to this part 10 shall be appropriated to the department of personnel.
Source: L. 76: Entire part added, p. 585, § 19, effective May 24. L. 77: Entire section amended, p. 308, § 11, effective June 20. L. 87: Entire section amended, p. 936, § 3, effective March 13. L. 95: Entire section amended, p. 646, § 44, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1003. Administrative law judges - appointment - qualifications - standards of conduct. (1) The executive director of the department of personnel may appoint administrative law judges, except those employed pursuant to sections 24-50-103 (7), 34-60-108, and 40-2-104, as may be necessary to provide services to each state agency; except that the state personnel board, the energy and carbon management commission, and the public utilities commission may use administrative law judges. Administrative law judges must be appointed in accordance with section 13 of article XII of the state constitution and the laws and rules governing the state personnel system.
(1.5) The director of the office of administrative courts shall appoint and assign administrative law judges to hear particular cases or classes of cases that come before the office of administrative courts in a manner that, in the discretion of such director, is necessary and appropriate to provide services to each state agency.
(2) Any administrative law judge shall meet the same qualifications as a district court judge as provided in section 11 of article VI of the state constitution.
(3) (Deleted by amendment, L. 91, p. 1340, § 57, effective July 1, 1991.)
(4) (a) Administrative law judges appointed pursuant to this section shall be subject to the standards of conduct set forth in the Colorado code of judicial conduct. The performance review plan for each administrative law judge shall include this Colorado code of judicial conduct.
(b) A complaint alleging a violation of the Colorado code of judicial conduct shall be referred to the executive director of the department of personnel who shall investigate the complaint and determine if the administrative law judge violated any canons of the code. Such administrative law judge shall be subject to the disciplinary procedures set forth in rules adopted by the state personnel board.
(c) If the decision is unsatisfactory to any party, an appeal may be made to the board of ethics for the executive branch of state government in the office of the governor.
(d) If the administrative law judge is found by the executive director or the board of ethics to have acted in violation of the canons of the Colorado code of judicial conduct, then the decision shall be made a part of the personnel file of the administrative law judge against whom the complaint was filed.
(5) In addition to the authority set forth in section 24-4-105 or as otherwise provided by law, administrative law judges in the office of administrative courts shall have the power to:
(a) Issue subpoenas, administer oaths, and control the course of trials and other proceedings before them; and
(b) Engage in or encourage the use of alternative dispute resolution as appropriate.
(6) Repealed.
Source: L. 76: Entire part added, p. 585, § 19, effective May 24. L. 87: Entire section amended, p. 937, § 4, effective March 13. L. 89: (3) added, p. 423, § 6, effective July 1. L. 90: (3) amended, p. 568, § 48, effective July 1. L. 91: Entire section amended, p. 1340, § 57, effective July 1. L. 94: (4) added, p. 1248, § 1, effective July 1. L. 95: (1), (4)(a), and (4)(b) amended, p. 646, § 45, effective July 1. L. 2000: (4) amended, p. 259, § 1, effective August 2. L. 2005: (1.5) and (5) added and (2) amended, p. 852, § 3, effective June 1. L. 2016: (6) added, (SB 16-106), ch. 290, p. 1175, § 2, effective August 10. L. 2019: (6) repealed, (SB 19-232), ch. 330, p. 3068, § 5, effective July 1. L. 2024: (1) amended, (HB 24-1346), ch. 216, p. 1342, § 12, effective May 21.
Cross references: For the legislative declaration contained in the 1995 act amending subsections (1), (4)(a), and (4)(b), see section 112 of chapter 167, Session Laws of Colorado 1995.
PART 11
DIVISION OF CENTRAL SERVICES
24-30-1101. Legislative findings and declarations. (1) The general assembly hereby finds, determines, and declares that:
(a) Services such as printing, document management, mail-related services, microfilm, graphic arts, fleet management, and other similar services are being widely used by the state of Colorado as a practical and economical means of improving administrative production and efficiency;
(b) and (c) (Deleted by amendment, L. 2004, p. 305, § 1, effective August 4, 2004.)
(d) Meeting the service needs of state departments, institutions, and agencies in efficient and economical ways within the resource capabilities of the state is the prime goal of the department of personnel policy;
(e) To most effectively utilize resources committed to existing services and to assure the best services at competitive costs to user agencies while preserving the managerial prerogatives and responsibilities assigned to department and agency heads by statute and otherwise, it is necessary to establish central planning, control, and coordination of service activities.
Source: L. 77: Entire part added, p. 1177, § 3, effective June 20. L. 2004: (1)(a), (1)(b), and (1)(c) amended, p. 305, § 1, effective August 4. L. 2018: (1)(d) amended, (HB 18-1375), ch. 274, p. 1706, § 38, effective May 29.
24-30-1102. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Cost means the direct cost of providing goods or services including, but not limited to, the total cost of labor and all related benefits, maintenance costs, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, financing, supervision, engineering, clerical and accounting services, the value of the use of equipment, including its depreciation or replacement value, and an equitable share of other administrative costs not otherwise directly attributable to a particular good or service which may be reasonably apportioned to each particular service in accordance with generally accepted accounting principles and standards.
(2) Director or executive director means the executive director of the department of personnel.
(3) (Deleted by amendment, L. 96, p. 1497, § 8, effective June 1, 1996.)
(4) Services means printing, document management, mail-related services, microfilm, graphic arts, fleet management, and other similar support functions that are or may be used by the state of Colorado as a practical and economical means of improving administrative production and efficiency.
(5) State agency means this state or any department, board, bureau, commission, institution, or other agency of the state; except that state agency shall not include any state institution of higher education, the Auraria higher education center, or the state board of stock inspection commissioners, created pursuant to section 35-41-101, C.R.S.
(6) (a) State-owned motor vehicle means all motor vehicles owned by the state or any agency of the state that shall include all two- and four-wheel drive trucks, all passenger vehicles including cars, vans, station wagons and other similar passenger vehicles, and any other vehicle not described herein that may be designated as a state-owned motor vehicle if a state agency requests such designation; except that state-owned motor vehicle shall not include any vehicle rated at one ton or more that is:
(I) (Deleted by amendment, L. 2010, (SB 10-003), ch. 391, p. 1851, § 29, effective June 9, 2010.)
(II) A specialized vehicle used for the purposes of construction or maintenance, and owned, operated, or controlled by the department of transportation.
(b) State-owned motor vehicle shall not include any vehicle donated to a specific state agency.
Source: L. 77: Entire part added, p. 1178, § 3, effective June 20. L. 91: Entire section amended, p. 863, § 1, effective April 20. L. 92: (3), (4), (5), and (6) added, p. 999, § 1, effective July 1. L. 96: (2) and (3) amended, p. 1497, § 8, effective June 1. L. 2004: (4) amended, p. 305, § 2, effective August 4. L. 2006: (6) amended, p. 1071, § 1, effective August 7. L. 2007: (6) amended, p. 1260, § 1, effective May 25. L. 2010: (5) amended, (HB 10-1181), ch. 351, p. 1621, § 3, effective June 7; (5) and (6)(a)(I) amended, (SB 10-003), ch. 391, p. 1851, § 29, effective June 9.
Editor's note: (1) Section 5 of chapter 235, Session Laws of Colorado 2006, provides that the act amending subsection (6) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.
(2) Amendments to subsection (5) by Senate Bill 10-003 and House Bill 10-1181 were harmonized.
Cross references: For the legislative declaration in the 2010 act amending subsections (5) and (6)(a)(I), see section 1 of chapter 391, Session Laws of Colorado 2010.
24-30-1103. Central services.
(1) (Deleted by amendment, L. 96, p. 1497, § 9, effective June 1, 1996.)
(2) The powers, duties, and functions of the department of personnel include the powers, duties, and functions concerning central services, specified by this part 11.
Source: L. 77: Entire part added, p. 1178, § 3, effective June 20. L. 95: Entire section amended, p. 647, § 46, effective July 1. L. 96: Entire section amended, p. 1497, § 9, effective June 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3420, § 194, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-30-1104. Functions of the department - definitions - rules. (1) Within the counties of Adams, Arapahoe, Boulder, Douglas, Pueblo, El Paso, and Jefferson, the city and county of Broomfield, and the city and county of Denver, and within any other areas in the state of Colorado where central services are offered, the department of personnel shall perform the following functions for the executive branch of the state of Colorado, its departments, institutions, and agencies, under the direction of the executive director:
(a) Formulate, in consultation with state departments, institutions, and agencies, recommendations for a strategic plan for approval of the executive director of the department of personnel and the governor no later than January 1 of 2005 and every five years thereafter;
(b) Review all existing and future services, service applications, software related to services, planning systems, personnel, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes of this part 11;
(c) Establish procedures and standards for management of service functions set forth in this part 11 for all state departments, institutions, and agencies;
(d) Establish and maintain facilities as needed to carry out the duties set forth in this part 11, including but not limited to those listed;
(e) (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)
(f) Advise the governor and the general assembly on central services matters;
(g) Prepare and submit such reports as are required by this part 11 or which the governor or the general assembly may request;
(h) Approve or disapprove the acquisition of services, service equipment, and software related to services by any state department, institution, or agency and approve, modify, or disapprove the staffing pattern for service operations by any state department, institution, or agency in accordance with the approved plan;
(i) Continually study and assess service operations and needs of state departments, institutions, and agencies;
(j) Provide services, equipment, and facilities as required pursuant to this part 11 for state departments, institutions, and agencies according to their needs;
(k) Establish, in consultation with other state departments, institutions, and agencies, techniques and standards for microfilm, digital imaging, and digital conversion and evidentiary certification of photographs, microphotographs, or reproductions;
(l) Notify state agencies through written statements, which may include electronic statements, prepared by the department of personnel that state agencies may obtain goods and services directly from the private sector, if the cost and quality of such goods or services offered by the private sector are competitive with those provided by the department of personnel;
(m) Offer services to any state institution of higher education that chooses to purchase such services. When an institution of higher education intends to purchase a service provided by the department, the institution shall include the department in any solicitation or vendor qualification process for the service. Whenever practicable, institutions of higher education shall seek partnerships with the department for the purpose of procuring services at a cost savings to the institution and the state.
(1.5) The department of personnel shall establish a rule providing for a waiver to a state agency of subsection (1) of this section when the state agency can procure the services described in this part 11 at a net cost savings to the state.
(2) In addition to the county-specific functions set forth in subsection (1) of this section, the department of personnel shall take such steps as are necessary to fully implement a central state motor vehicle fleet system by January 1, 1993. The provisions of the motor vehicle fleet system created pursuant to this subsection (2) apply to the executive branch of the state of Colorado, its departments, its institutions, and its agencies; except that the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this subsection (2) and may obtain a motor vehicle fleet system independent of the state motor vehicle fleet system. Under the direction of the executive director, the department of personnel shall perform the following functions pertaining to the motor vehicle fleet system throughout the state:
(a) Establish and operate a central state motor vehicle fleet system and such subsidiary-related facilities as are necessary to provide for the efficient and economical use of state-owned motor vehicles by state officers and employees;
(b) Establish and operate central facilities for the maintenance, repair, and storage of state-owned passenger motor vehicles for the use of state agencies; utilize any available state facilities for that purpose; and enter into contracts with such facilities as are necessary to carry out the provisions of this part 11;
(c) (I) Adopt uniform rules for motor vehicle acquisition, operation, maintenance, repair, and disposal standards. Uniform rules adopted by the executive director of the department of personnel pertaining to acquisition of motor vehicles by lease or purchase shall provide that low energy consumption shall be a favorable factor in determining the low responsible bidder. The size of any passenger motor vehicle shall not be greater than necessary to accomplish its purpose.
(II) By January 1, 2008, the executive director shall adopt a policy to significantly increase the utilization of alternative fuels and that establishes increasing utilization objectives for each following year. To encourage compliance with this policy, the rules promulgated pursuant to this subsection (2)(c) may establish progressively more stringent percentage mileposts and, for fiscal years commencing after July 1, 2004, require the collection of data concerning the annual percentage of state-owned bi-fueled vehicles that were fueled exclusively with an alternative fuel. For the years commencing on January 1, 2008, and January 1, 2009, the executive director shall purchase flexible fuel vehicles or hybrid vehicles, subject to availability, unless the increased cost of such vehicle is more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. Beginning on January 1, 2010, the executive director shall purchase motor vehicles that operate on compressed natural gas, plug-in hybrid electric vehicles, or vehicles that operate on other alternative fuels, subject to their availability and the availability of adequate fuel and fueling infrastructure, if either the increased base cost of such vehicle or the increased life-cycle cost of such vehicle is not more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. The executive director shall adopt a policy to allow some vehicles to be exempted from this requirement. Notwithstanding section 24-1-136 (11)(a)(I), the executive director or the director's designee shall submit an annual report to the transportation committees of the senate and the house of representatives, or any successor committees, and the joint budget committee of the general assembly, detailing the items specified in subsection (2)(c)(V) of this section. As used in this subsection (2)(c)(II):
(A) Flexible fuel vehicle means any dedicated flexible-fuel or dual-fuel vehicle designed to operate on at least one alternative fuel.
(B) Hybrid vehicle means a motor vehicle with a hybrid propulsion system that uses an alternative fuel by operating on both an alternative fuel, including electricity, and a traditional fuel.
(III) For purposes of this subsection (2)(c):
(A) Alternative fuel means compressed natural gas, propane, ethanol, or any mixture of ethanol containing eighty-five percent or more ethanol by volume with gasoline or other fuels, electricity, or any other fuels, which fuels may include, but are not limited to, clean diesel and reformulated gasoline so long as these other fuels make comparable reductions in carbon monoxide emissions and brown cloud pollutants as determined by the air quality control commission created in section 25-7-104. Alternative fuel does not include any fuel product, as defined in section 25-7-139 (3)(c), that contains or is treated with methyl tertiary butyl ether (MTBE).
(B) Bi-fueled vehicle means a motor vehicle, which may be purchased to comply with applicable federal requirements including, but not limited to, the federal Energy Policy Act of 1992, 42 U.S.C. sec. 13257, and 42 U.S.C. sec. 7587, that can operate on both an alternative fuel and a traditional fuel or that can operate alternately on a traditional fuel and an alternative fuel.
(C) Biodiesel means fuel composed of mono-alkyl esters of long chain fatty acids derived from plant or animal matter that meet ASTM specifications and that is produced in Colorado.
(D) Life-cycle cost means the purchase cost of a vehicle minus the resale value at the end of the vehicle's expected useful life, in addition to the fuel, operating, and maintenance costs incurred during the vehicle's expected useful life. Fuel costs per mile traveled shall be calculated based on the reference case projections published by the United States energy information administration for the expected useful life of the vehicle. The expected useful life of a vehicle shall be the standard that is set by the state fleet management program for analysis and life-cycle costing purposes.
(IV) (A) By January 1, 2007, the director shall adopt a policy that all state-owned diesel vehicles and equipment shall be fueled with a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel, subject to availability and so long as the price is no greater than ten cents more per gallon than the price of diesel fuel. The director shall provide for the proper administration, implementation, and enforcement of the policy.
(B) Repealed.
(V) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2013, and each November 1 thereafter, the executive director or the director's designee shall submit a report to the general assembly as specified in subsection (2)(c)(II) of this section. The report must include, but need not be limited to, the following:
(A) The number of vehicles that the executive director or the director's designee purchased since January 1, 2008, for the motor vehicle fleet system that operate on compressed natural gas and other alternative fuels;
(B) An estimate of the number of dedicated petroleum fuel vehicles that the executive director or the director's designee purchased for the motor vehicle fleet system since January 1, 2008, instead of a vehicle that operates on compressed natural gas or other alternative fuel because the base cost or life-cycle cost of the compressed natural gas vehicle or other alternative fuel vehicle was more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle;
(C) An explanation of the availability of adequate fuel and fueling infrastructure in the state for compressed natural gas vehicles and other alternative fuel vehicles and whether limited availability of fuel or fueling infrastructure contributes to the purchase of dedicated petroleum fuel vehicles for the motor vehicle fleet system instead of vehicles that operate on compressed natural gas and other alternative fuels;
(D) A summary of the policy that allows the executive director to exempt some vehicles from the requirement to purchase vehicles that operate on compressed natural gas and the percentage of dedicated petroleum fuel vehicles that the director purchased pursuant to this exemption;
(E) A summary of the administrative procedures or policies in place within the department, if any, that are intended to facilitate the purchase of vehicles that operate on compressed natural gas and other alternative fuels;
(F) The executive director's suggested changes to the requirements and limitations of subparagraph (II) of this paragraph (c) or other state law that would facilitate the gradual conversion of the motor vehicle fleet system to vehicles that operate on compressed natural gas and other alternative fuels, allow the state to account for the benefit of reduced emissions from vehicles that operate on compressed natural gas and other alternative fuels in its analysis regarding the purchase of such vehicles, and enable the department to provide the best value to the state in the motor vehicle fleet system while purchasing vehicles that operate on compressed natural gas and other alternative fuels; and
(G) A plan for putting in place the infrastructure necessary to support vehicles in the state's motor vehicle fleet system that operate on compressed natural gas and other alternative fuels.
(d) (I) Require that all state agencies transfer custody of certificates of title to all state-owned motor vehicles that are owned by such agencies to the department of personnel for the purpose of compiling complete data on all motor vehicles owned by the state;
(II) Require that all motor vehicles presently owned by state agencies be entered into the state fleet management program. Per-mile costs for the program shall be determined by criteria established by the department of personnel.
(III) (Deleted by amendment, L. 96, p. 1498, § 10, effective June 1, 1996.)
(IV) Require that any department, institution, or agency of the executive branch of the state that owns, operates, or controls vehicles that are not part of the central state motor vehicle fleet system provide the department of personnel with information requested by the department for the purpose of compiling complete data on all motor vehicles owned by the state.
(e) Require that all vehicles purchased after July 1, 1992, shall be owned by the department of personnel and leased and permanently assigned to state agencies. Purchases shall be based on specifications as requested by the state agency in cooperation and consultation with the department of personnel and the motor vehicle advisory council.
(f) Maintain, store, repair, dispose of, and replace state-owned motor vehicles under the control of the department of personnel. The department of personnel shall ensure that state-owned motor vehicles are not routinely replaced until they meet the replacement criteria relating to mileage, cost, safety, and other relevant factors established by the department.
(g) Establish and maintain a centralized record-keeping system for the acquisition, operation, maintenance, repair, and disposal of all motor vehicles in the fleet;
(h) Assign suitable transportation, either on a temporary or permanent basis to any state agency upon: Proper requisition; proper showing of need for use on authorized state business; or approved commuting as provided in section 24-30-1113;
(i) Establish and maintain a record-keeping system for the assignment and use of each vehicle in the motor fleet, which shall include:
(I) Verification from the executive director of a state agency or the executive director's designee that any employee driving a state vehicle has a valid driver's license;
(II) A statement of the authorized state business or other approved purpose for which the vehicle is assigned;
(III) Any other information which the director determines is necessary to carry out the purposes and provisions of this part 11;
(j) (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)
(k) Allocate and charge against each state agency to which transportation is furnished, on the basis of mileage or on the basis of the period of time for which each vehicle is assigned to the agency, its proportionate part of the cost of maintenance and operation of the motor vehicle fleet;
(l) Enforce such rules and regulations as may be adopted by the director pursuant to the provisions of this part 11;
(m) Delegate or conditionally delegate to the respective heads of agencies to which state-owned motor vehicles are permanently assigned such duties as may be designated by the director for the enforcement of all or part of the rules and regulations adopted by the department of personnel;
(n) Require state agencies, officers, and employees to keep all records and make all reports regarding state-owned motor vehicle use as provided in rules and regulations adopted by the department of personnel;
(o) (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)
(p) Negotiate and enter into contracts for the purchase or lease of such personal property as is deemed necessary to achieve the purposes and provisions of this part 11;
(q) Adopt an annual operating budget;
(r) Supervise and be responsible for the expenditure of moneys appropriated to carry out the purposes and provisions of this part 11;
(s) Exercise any other powers or perform any other duties that are reasonably necessary for the fulfillment of the powers and duties assigned to the department of personnel pursuant to this part 11; and
(t) Require that the federal environmental protection agency mile-per-gallon rating for all motor vehicles purchased for the state-owned motor vehicle fleet on or after January 1, 2007, meet or exceed the average fuel efficiency standards as established pursuant to the federal Energy Policy and Conservation Act, 15 U.S.C. sec. 2001, et seq., recodified as 49 U.S.C. sec. 32901 et seq.
(3) Repealed.
(4) In addition to any other duties imposed by this section, the department of personnel shall establish and maintain a program for parking permits and building and grounds maintenance for the state capitol buildings group pursuant to part 1 of article 82 of this title.
Source: L. 77: Entire part added, p. 1178, § 3, effective June 20. L. 91: (1)(a) amended and (1)(l) added, p. 863, § 2, effective April 20. L. 92: (2) added, p. 1000, § 2, effective July 1. L. 93: (2)(i)(I) amended, p. 351, § 1, effective April 12; (3) added, p. 1829, § 1, effective July 1. L. 95: (2)(d)(III)(A) amended, p. 1104, § 38, effective May 31; IP(1), (1)(a), and (2) amended, p. 647, § 47, effective July 1. L. 96: IP(1), (1)(a), (1)(c) to (1)(f), (1)(j), IP(2), (2)(c) to (2)(f), (2)(m), (2)(n), (2)(s), and (3) amended, p. 1498, § 10, effective June 1. L. 2003: (3) amended, p. 984, § 1, effective April 17; (2)(c) amended, p. 1236, § 4, effective September 1. L. 2004: IP(2) amended, p. 602, § 1, effective July 1; (1)(a), (1)(b), (1)(e), (1)(h), (1)(k), (1)(l), (2)(d)(II), (2)(f), (2)(h), (2)(j), and (2)(o) amended and (4) added, p. 306, § 3, effective August 4. L. 2006: IP(2) and (2)(c)(III) amended and (2)(c)(IV) added, p. 152, § 1, effective July 1; (2)(d)(IV) and (2)(t) added, pp. 1071, 1072, §§ 2, 3, effective August 7. L. 2007: (2)(c)(II) amended, p.1758, § 1, effective June 1; (2)(t) amended, p. 2033, § 49, effective June 1. L. 2009: (2)(c)(II)(B) amended, (HB 09-1331), ch. 416, p. 2309, § 10, effective June 4; IP(1) amended, (HB 09-1150), ch. 309, p. 1666, § 3, effective August 5; IP(2)(c)(II) amended, (SB 09-092), ch. 142, p. 604, § 1, effective August 5. L. 2010: (1)(m) and (1.5) added, (HB 10-1181), ch. 351, p. 1621, §§ 4, 5, effective June 7. L. 2013: IP(2)(c)(II) amended and (2)(c)(III)(D) and (2)(c)(V) added, (SB 13-070), ch. 142, p. 459, § 1, effective April 26. L. 2017: IP(2), IP(2)(c)(II), and IP(2)(c)(V) amended, (HB 17-1058), ch. 18, p. 58, § 4, effective March 8. L. 2018: (1)(l) amended, (HB 18-1375), ch. 274, p. 1706, § 39, effective May 29. L. 2020: IP(2)(c)(III) and (2)(c)(III)(A) amended, (HB 20-1167), ch. 56, p. 191, § 1, effective September 14.
Editor's note: (1) Amendments to subsection (2) by House Bill 95-1362 and House Bill 95-1212 were harmonized.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2004. (See L. 96, p. 1498.)
(3) Section 5 of chapter 235, Session Laws of Colorado 2006, provides that the act enacting subsections (2)(d)(IV) and (2)(t) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.
(4) Subsection (2)(c)(IV)(B) provided for its repeal, effective January 1, 2009. (See L. 2006, p. 152.)
Cross references: (1) For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsections (1)(a) and (2), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the definition of ASTM, see § 8-20-201 (1.2).
24-30-1105. Powers of the executive director - penalties. (1) In order to perform the duties and functions set forth in this part 11, the executive director of the department of personnel shall, in relation to departments, institutions, and agencies of the executive branch:
(a) Approve the equipment, software related to services, and facilities with which specific services shall be performed by or for any state department, institution, or agency in accordance with the approved plan;
(b) Prescribe standards governing the selection and operation of service equipment by or for any state department, institution, or agency;
(c) Adopt such rules and regulations as may be necessary to carry out the purposes and provisions of this part 11;
(d) Contract for such services as the department of personnel may require for purposes of this part 11;
(e) Require such reports from other departments, institutions, and agencies as may be necessary;
(f) Recommend to the governor the transfer of funds, equipment, supplies, and personnel from existing departments, institutions, and agencies to the department of personnel or to such other agency as may be necessary to accomplish the purposes of this part 11, such transfer to be effective upon the approval by the governor;
(g) Certify for evidentiary purposes as true copies of the originals, before the originals are destroyed or lost, photographs, microphotographs, or reproductions on film created by the department of personnel. Such certified photographs, microphotographs, or reproductions shall have the same legal force and effect as if certified by the original custodian of the records.
(h) In performance of such microfilm services as may be requested by the custodians of the types of documents referred to in this paragraph (h):
(I) Have rights of reasonable access in person or through employees to all types of nonconfidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;
(II) Have rights of reasonable access in person or through specifically designated employees to all types of confidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;
(III) Assist custodians of documents upon which microfilm, digital imaging, and digital conversion services have been performed in the lawful disposition of such documents pursuant to section 24-80-103;
(i) Have power to enter into contracts with other governmental entities in the state of Colorado for the purpose of furnishing services;
(j) Establish policies jointly with the supreme court of the state of Colorado for the expungement and sealing of official state records with a view to the technical and evidentiary problems attendant to expungement or sealing of photographs, microphotographs, and reproductions.
(2) (a) Except in accordance with judicial order or as otherwise provided by law, the executive director or the employees of the department of personnel shall not divulge or make known in any way any information disclosed in any confidential document to which the employees have access in performing the duties specified in this part 11.
(b) Officials or employees of the state who violate this subsection (2) commit a class 2 misdemeanor. Such persons shall, in addition to these penalties, be subject to removal or dismissal from public service on grounds of malfeasance in office.
Source: L. 77: Entire part added, p. 1179, § 3, effective June 20. L. 95: IP(1) and (1)(f) amended, p. 648, § 48, effective July 1. L. 96: IP(1), (1)(d), (1)(f), (1)(g), and (2)(a) amended, p. 1500, § 11, effective June 1. L. 2004: (1)(a) and (1)(h)(III) amended, p. 307, § 4, effective August 4. L. 2021: (2)(b) amended, (SB 21-271), ch. 462, p. 3225, § 412, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsection (1)(f), see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1106. Appeal from decisions of director. If any department, institution, or agency disagrees with any decision, plan, procedure, priority, standard, rule, or regulation or other act of the department of personnel, the head thereof shall notify the executive director of the basis for such disagreement, and the executive director may, at his or her discretion, uphold, modify, or reverse such decision, plan, procedure, priority, standard, rule, or regulation or other act; but no further action shall be taken by the department of personnel to implement any decision, plan, procedure, priority, standard, rule, or regulation or other act after such notice until the executive director has rendered his or her decision in the matter.
Source: L. 77: Entire part added, p. 1180, § 3, effective June 20. L. 95: Entire section amended, p. 648, § 49, effective July 1. L. 97: Entire section amended, p. 1015, § 25, effective August 6.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1107. Existing and new equipment, personnel, applications, and systems subject to approval of director. On and after June 20, 1977, no services, service equipment, or software related to services shall be purchased, leased, or otherwise acquired by any department, institution, or agency, nor shall any new service personnel be added to the state personnel system, nor shall any new applications, systems, or programs begin except upon the written approval of the executive director, nor shall any service equipment leased or operated by any department, institution, or agency on June 20, 1977, continue to be so leased or operated after July 1, 1977, unless certified by the executive director to be in accordance with the approved plan.
Source: L. 77: Entire part added, p. 1181, § 3, effective June 20. L. 97: Entire section amended, p. 1015, § 26, effective August 6. L. 2004: Entire section amended, p. 307, § 5, effective August 4.
24-30-1108. Revolving fund - service charges - pricing policy. (1) There is hereby created a department of personnel revolving fund for use in acquiring such materials, supplies, labor, and overhead as are required. Moneys collected and deposited in the fund shall be from state and local government user fees and from rebates, including, but not limited to, rebates from car rentals, travel agencies, lodging, and travel cards. The fund shall be under the direction of the executive director.
(2) Users of department services shall be charged the full cost of the particular service, which shall include the cost of all material, labor, and overhead.
(3) The executive director shall have a pricing policy of remaining competitive with or at a lower rate than private industry in the operation of any service function which the executive director establishes.
(4) The executive director shall keep a full, true, and accurate record of the costs of providing each particular service.
(5) Repealed.
(6) (a) (I) Repealed.
(II) Any uncommitted capital outlay reserves at the end of a given fiscal year may be used for capital outlay subject to an appropriation in the annual general appropriation act.
(b) For purposes of this subsection (6), unless the context otherwise requires:
(I) Capital outlay has the same meaning as set forth in section 24-75-112 (1)(a).
(II) Capital outlay reserve means any accumulated depreciation identified in fund balance reports prepared by the department of personnel.
Source: L. 77: Entire part added, p. 1181, § 3, effective June 20. L. 91: (4) added, p. 864, § 3, effective April 20. L. 96: (1) amended, p. 1544, § 141, effective June 1. L. 97: Entire section amended, p. 1016, § 27, effective August 6. L. 2009: (5) added, (SB 09-208), ch. 149, p. 622, § 17, effective April 20. L. 2010: (1) amended, (HB 10-1181), ch. 351, p. 1621, § 6, effective June 7. L. 2014: (5) repealed and (6) added, (SB 14-108), ch. 50, p. 230, § 1, effective March 20. L. 2015: (6)(a)(I) repealed, (HB 15-1280), ch. 176, p. 573, § 3, effective May 11.
24-30-1109. Reports. (Repealed)
Source: L. 77: Entire part added, p. 1181, § 3, effective June 20. L. 91: (1)(g) added, p. 864, § 4, effective April 20. L. 95: (2) amended, p. 648, § 50, effective July 1. L. 96: Entire section repealed, p. 1271, § 201, effective August 7.
Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
24-30-1110. Division subject to termination. (Repealed)
Source: L. 77: Entire part added, p. 1182, § 3, effective June 20. L. 81: Entire section amended, p. 1178, § 8, effective July 1. L. 83: Entire section repealed, p. 891, § 1, effective March 22.
24-30-1111. Postage meters - penalty for private use. (1) Each state department, agency, division, board, commission, committee, and educational institution which has installed a postage meter shall place an imprint plate on such meter and a notice attached to the meter showing that the metered mail is official state of Colorado mail and that there is a penalty for the unlawful use of such postage meter for private purposes.
(2) Any person who uses a state-installed postage meter for private purposes commits a civil infraction and shall be punished as provided in section 18-1.3-503.
Source: L. 83: Entire section added, p. 892, § 1, effective June 20. L. 2002: (2) amended, p. 1532, § 245, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3226, § 413, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
24-30-1112. Permanent assignment of vehicles - state agency - verification of minimum mileage - revocation. (1) A state-owned motor vehicle that is part of the state motor vehicle fleet established pursuant to section 24-30-1104 (2) may be assigned by the department of personnel to a state agency pursuant to this section. In addition, any state-owned motor vehicle that is assigned to a state agency may be further assigned by the executive director of the state agency or by the executive director's designee to an officer or employee of the state agency pursuant to section 24-30-1113.
(2) Unless a state agency can justify to the department of personnel the need for permanent assignment of a vehicle because of its unique use, the department of personnel may permanently assign a state-owned motor vehicle to a state agency only if the use of the vehicle by the state agency is likely to meet the minimum required mileage established by the department of personnel for the utilization classification associated with the vehicle's intended work function and the use of such vehicle by the state agency complies with any additional criteria established by the department of personnel in rules. A vehicle that is assigned to a state agency must be parked at a state facility, as defined by rule, when the vehicle is not in use unless the vehicle has been assigned to an officer or employee of the state agency pursuant to section 24-30-1113.
(3) The department of personnel shall establish a program and adopt rules providing for annual verification that each state-owned motor vehicle permanently assigned to a state agency has met the minimum required mileage based on the appropriate utilization classification. If verification establishes that a vehicle has not met the minimum annual mileage rate and other criteria established in rules and if the responsible state agency cannot justify such lower mileage or failure to meet other criteria, the department of personnel shall revoke the permanent assignment of the vehicle immediately.
(4) The department of personnel shall adopt rules governing the procedure for revocation of assignment of state-owned motor vehicles that have been permanently assigned to a state agency. Revocation of assignment shall occur when the department of personnel determines that:
(a) The vehicle has been used for other than official business or has been used for commuting without being assigned to an officer or employee of the state agency pursuant to section 24-30-1113;
(b) (I) The state agency has not submitted reports or other documentation to the department of personnel that it is required to submit pursuant to rules adopted by the department; or
(II) Any reports or other documentation that the state agency has submitted fail to meet the standards established in rules adopted by the department of personnel for the submission of such reports and documentation and the state agency has not cured the deficiencies within thirty days after receiving notification from the department of personnel of such deficiency;
(c) The state agency has knowingly and willfully supplied false information to the department of personnel regarding the permanent assignment of the motor vehicle to the state agency;
(d) A state-owned motor vehicle has been abused; or
(e) A violation of other rules promulgated by the department of personnel has occurred, which warrants revocation of assignment to the state agency as specified in the rules adopted by the department of personnel.
(5) The department of personnel shall not honor new requisitions for assignment of vehicle following the revocation of assignment until the department of personnel is assured that the violation for which a vehicle was previously revoked will not recur.
Source: L. 92: Entire section added, p. 1003, § 3, effective July 1. L. 2004: IP(1)(a), (2), and (3)(a) amended, p. 308, § 6, effective August 4. L. 2017: Entire section amended, (HB 17-1296), ch. 293, p. 1613, § 1, effective September 1. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1706, § 40, effective May 29.
24-30-1113. Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition. (1) Notwithstanding section 24-30-1102 (5), as used in this section, unless the context otherwise requires, state agency means the state or any department, board, bureau, commission, institution, or other agency of the state; except that state agency does not include any state institution of higher education, the Auraria higher education center, or the legislative and judicial branches of state government. As used in this section, state agency does include the state board of stock inspection commissioners, created in section 35-41-101.
(2) (a) The executive director of a state agency or the executive director's designee may assign a state-owned motor vehicle that has been assigned to the state agency pursuant to section 24-30-1112 to an officer or employee of the state agency for conducting state business and commuting. Commuting includes traveling from an officer's or employee's personal residence to one or more regular places of business but does not include traveling away from home as defined by the federal internal revenue service. A state-owned motor vehicle may be parked at the personal residence of an officer or employee of a state agency for more than one day per month only if the state agency has assigned the vehicle to the officer or employee pursuant to this section or if the officer or employee is using the vehicle to travel away from home. An officer or employee shall not use a state-owned motor vehicle for commuting unless such use is authorized pursuant to this section. The assignment of a state-owned motor vehicle pursuant to this section must comply with the requirements of section 24-30-1112.
(b) The executive director of a state agency or the executive director's designee must authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the executive director of the department of personnel for final approval. The executive director of a state agency or the executive director's designee shall authorize the assignment of a vehicle only if:
(I) Assignment of the vehicle is necessary to conduct official and legitimate state business;
(II) Assignment of the vehicle satisfies at least one of the following requirements:
(A) The vehicle meets the federal internal revenue service definition of qualified nonpersonal use, as specified in 26 CFR 1.274-5 (k); or
(B) The assignment of the vehicle is the most cost-efficient means of transportation, as defined in rules adopted by the department of personnel, to the state agency; and
(III) Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel.
(c) An executive director of a state agency or the executive director's designee who authorizes the assignment of a state-owned motor vehicle to an officer or employee of the state agency shall maintain documentation of the assignment, including the executive director's justification for authorizing the assignment of the vehicle. At least annually, the executive director of a state agency or the executive director's designee shall review each assignment of a vehicle to ensure that the assignment complies with the requirements of this section.
(3) The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall review any assignment of a state-owned motor vehicle to an officer or employee of a state agency. The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall verify that the assignment of the vehicle complies with the requirements specified in subsection (2) of this section and the regulations of the federal internal revenue service. If the review establishes that the assignment of a vehicle does not comply with such requirements, the executive director of the department of personnel shall revoke the assignment of the vehicle.
(4) In addition to the initial approval required by subsection (3) of this section, the department of personnel shall establish a program and adopt rules providing for annual review and verification by the executive director of the department of personnel or the state controller, or the designee of either official, as applicable, that each state-owned motor vehicle assigned to an officer or employee of a state agency still complies with the requirements of subsection (2) of this section and the regulations of the federal internal revenue service. The requirements of this subsection (4) apply to all state-owned motor vehicles, whether they were assigned before, on, or after September 1, 2017. If the verification process establishes that the assignment of a vehicle no longer complies with subsection (2) of this section or the regulations of the federal internal revenue service, the department of personnel shall revoke the assignment of the vehicle.
(5) Any officer or employee of a state agency who is assigned a state-owned motor vehicle because it is the most cost-efficient means of transportation as specified in subsection (2)(b)(II)(B) of this section is required to pay income tax on the value of the fringe benefit of the vehicle. The state controller, or the state controller's designee, shall calculate and report as income the value of the fringe benefit of the vehicle in accordance with the regulations of the federal internal revenue service. The state controller shall promulgate rules regarding how the value of the fringe benefit will be calculated and reported.
(6) The executive director of the department of personnel, or the executive director's designee, and the state controller, or state controller's designee, shall promulgate rules as required in this section and may promulgate additional rules deemed necessary for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of this title 24.
(7) Repealed.
Source: L. 92: Entire section added, p. 1004, § 3, effective July 1. L. 2004: (1) and (4) amended, p. 308, § 7, effective August 4. L. 2017: Entire section R&RE, (HB 17-1296), ch. 293, p. 1615, § 2, effective September 1. L. 2018: IP(2)(b), (3), (4), and (6) amended, (HB 18-1375), ch. 274, p. 1708, § 41, effective May 29. L. 2020: (2)(a) amended, (SB 20-071), ch. 5, p. 7, § 1, effective September 14.
Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2020. (See L. 2017, p. 1615.)
24-30-1114. Restrictions on assignment of vehicles. (1) Requisitions for assignment or reassignment of state-owned motor vehicles shall not be honored when the purpose of the assignment or reassignment is to provide a newer or lower mileage vehicle to a state officer or employee on the basis of rank, position, management authority, length of service, or other nonessential purpose.
(2) Special use vehicles, including but not limited to four-wheel drive and law enforcement vehicles, shall be assigned only to those agencies and individuals authorized or otherwise designated by the department of personnel to operate such vehicles.
Source: L. 92: Entire section added, p. 1005, § 3, effective July 1. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1709, § 42, effective May 29.
24-30-1115. Motor fleet management fund - creation. (1) There is hereby created a fund to be known as the motor fleet management fund, which shall be administered by the department of personnel and which shall consist of all moneys which may be transferred thereto in accordance with section 24-30-1104 (2)(k).
(2) The moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes of this part 11. Any moneys not appropriated shall remain in the fund and shall not be transferred to or revert to the general fund of the state at the end of any fiscal year. Subject to severe budget constraints and annual appropriation, a portion of the state motor fleet shall be replaced each year. The number of motor vehicles to be replaced annually shall be based on a methodology provided by the department of personnel and approved by the general assembly.
(3) Notwithstanding any provision of this section to the contrary, on April 20, 2009, the state treasurer shall deduct one million dollars from the motor fleet management fund and transfer such sum to the general fund.
(4) Notwithstanding any provision of this section to the contrary, on April 15, 2010, the state treasurer shall deduct three hundred ninety-seven thousand one hundred forty-three dollars from the motor fleet management fund and transfer such sum to the general fund.
Source: L. 92: Entire section added, p. 1005, § 3, effective July 1. L. 96: Entire section amended, p. 1500, § 12, effective June 1. L. 2004: (2) amended, p. 309, § 8, effective August 4. L. 2009: (3) added, (SB 09-208), ch. 149, p. 623, § 18, effective April 20. L. 2010: (4) added, (HB 10-1327), ch. 135, p. 449, § 2, effective April 15. L. 2017: (1) amended, (HB 17-1296), ch. 293, p. 1617, § 3, effective September 1.
24-30-1116. Vanpooling - state-owned vehicles - revolving account. (Repealed)
Source: L. 92: Entire section added, p. 1005, § 3, effective July 1. L. 95: (6)(d) and (6)(e) amended, p. 648, § 51, effective July 1. L. 2004: Entire section repealed, p. 309, § 9, effective August 4.
24-30-1117. Exclusive authority to acquire state-owned motor vehicles. The department of personnel shall have the exclusive authority to purchase, lease, and otherwise acquire motor vehicles for such use by state officers and employees as may be necessitated in the course and conduct of official state business. Except for any vehicles donated to specific state agencies, no motor vehicle shall be purchased, leased, or otherwise acquired by any state agency unless such vehicle is obtained through the department of personnel or under an express waiver granted by the department.
Source: L. 92: Entire section added, p. 1007, § 3, effective July 1. L. 96: Entire section amended, p. 1501, § 13, effective June 1. L. 2004: Entire section amended, p. 310, § 10, effective August 4.
24-30-1118. Statewide travel management program - creation - duties of department - mandatory use by state employees - repeal. (Repealed)
Source: L. 93: Entire section added, p. 1829, § 2, effective July 1. L. 95: IP(3) amended, p. 649, § 52, effective July 1. L. 96: (2), IP(3), IP(3)(e), IP(3)(e)(I), (3)(e)(I)(C), (3)(e)(I)(D), (3)(e)(II), and (3)(j) amended, p. 1501, § 14, effective June 1. L. 2003: (5) and (6) added, p. 984, § 2, effective April 17.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, p. 984.)
PART 12
PRODUCTS AND SERVICES OF
PERSONS WITH SEVERE DISABILITIES
24-30-1201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) Direct labor means all work required for preparing, processing, and packing products and all work required for providing services, but the term does not include supervision, administration, inspection, or shipment.
(2) Nonprofit agency for persons with severe disabilities means a private nonprofit organization established under the laws of the United States or this state which is operated in the interest of individuals who are severely impaired, the net income of which does not inure in whole or in part to the benefit of any shareholder, officer, or other individual, and which, in the production of commodities and in the provision of services, employs during its fiscal year severely impaired individuals for not less than seventy-five percent of the man-hours of direct labor required for the production of commodities or for the provision of services.
(3) Public agency means any public office, officer, department, commission, institution, or bureau, any agency, division, or unit within a department or office, or any other public authority of this state. Public agency shall not include any municipality, county, school district, special district, nor any other political subdivision of the state.
(4) Severe disability means one or more physical or mental disabilities which constitute a substantial impairment to employment and which are of such a nature as to require multiple vocational rehabilitation services over an extended period of time.
Source: L. 79: Entire part added, p. 876, § 1, effective July 1. L. 93: (2) and (4) amended, p. 1654, § 55, effective July 1.
24-30-1202. Central nonprofit agency - procurement list. (Repealed)
Source: L. 79: Entire part added, p. 877, § 1, effective July 1. L. 87: Entire section repealed, p. 349, § 4, effective July 1.
24-30-1203. Purchasing requirements. (1) In order to provide preferential treatment to the products and services of nonprofit agencies for persons with severe disabilities, public agencies shall purchase such products and services directly from said agencies in accordance with applicable specifications of the department of personnel and of local purchasing officials for other public agencies. Whenever such products and services are available at a price determined to be reasonable by the appropriate purchasing official, the price shall recover for the nonprofit agency for persons with severe disabilities the cost of all materials, labor, and overhead, including delivery expenses, incurred in the production of products or the provision of services by such nonprofit agency.
(2) Notwithstanding any other provision of this part 12, no purchase shall be made of any product or service that does not conform to the standards and specifications necessary for the purpose for which the product or service is required.
Source: L. 79: Entire part added, p. 877, § 1, effective July 1. L. 93: (1) amended, p. 1654, § 56, effective July 1. L. 96: (1) amended, p. 1502, § 15, effective June 1.
24-30-1204. Cooperation between state agencies. In furtherance of the purposes of this part 12 and in order to contribute to the economy of state government, it is the intent of the general assembly that there be close cooperation among the department of personnel, the division of correctional industries in the department of corrections, and any other agency of this state from which procurement of products or services is required under any law of this state. The committee, the division of correctional industries, and any other similar agency of this state are authorized to enter into such agreements, cooperative working relationships, or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of this part 12 and any other similar procurement law of this state. The department of personnel may secure, directly from any agency, division, or department of this state, any information which is necessary to enable it to carry out the provisions of this part 12.
Source: L. 79: Entire part added, p. 878, § 1, effective July 1. L. 95: Entire section amended, p. 649, § 53, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
PART 13
STATE BUILDINGS
24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:
(1) (a) Capital asset means:
(I) Real property;
(II) Fixed equipment;
(III) Movable equipment; or
(IV) Instructional or scientific equipment with a cost that exceeds fifty thousand dollars; except that capital asset does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.
(b) Capital asset does not mean information technology. All information technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.
(2) Capital construction means:
(a) Acquisition of a capital asset or disposition of real property;
(b) Construction, demolition, remodeling, or renovation of real property necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;
(c) Site improvement or development of real property;
(d) Installation of the fixed or movable equipment necessary for the operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;
(e) Installation of the fixed or movable equipment necessary for the conduct of programs in or on real property upon completion of the new construction, remodeling, or renovation;
(f) Contracting for the services of architects, engineers, and other consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or
(g) (Deleted by amendment, L. 2014.)
(3) (a) Capital renewal means a controlled maintenance project of real property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.
(b) Beginning on January 1, 2029, and on January 1 of every three-year period thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand - construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.
(4) Controlled maintenance means:
(a) Corrective repairs or replacement, including improvements for health, life safety, and code requirements, used for existing real property; and
(b) Corrective repairs or replacement, including improvements for health, life safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.
(c) Controlled maintenance may include contracting for the services of architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.
(5) Department means the department of personnel.
(6) Economic life means the projected or anticipated useful life of real property.
(7) Executive director means the executive director of the department of personnel.
(8) Facility means a state-owned building or utility. Facility does not include highways or publicly assisted housing projects as defined in section 24-32-718.
(9) Fixed equipment includes, but is not limited to, mechanical, electrical, or plumbing components built into real property that are necessary for the operation of the real property.
(10) (Deleted by amendment, L. 2014.)
(11) Initial cost means the required cost necessary to construct or renovate a facility.
(12) Life-cycle cost means the cost alternatives, over the economic life of a facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.
(13) Movable equipment means:
(a) All equipment that is not defined as fixed equipment that is necessary for the conduct of a program in or on real property;
(b) The rolling stock and fixed stock necessary for running a state-owned railway; and
(c) Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state purposes.
(13.5) Office of the state architect or office means the office of the state architect created in section 24-30-1302.5.
(14) Principal representative means the governing board of a state agency or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.
(15) (a) Real property means a facility, state-owned grounds around a facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.
(b) Real property does not include:
(I) Land or any interest therein acquired by the department of transportation and used, or intended to be used, for right-of-way purposes;
(II) Land or any interest therein held by the division of parks and wildlife and the parks and wildlife commission in the department of natural resources; and
(III) Public lands of the state or any interest therein that are subject to the jurisdiction of the state board of land commissioners.
(16) State means the government of this state, every state agency, and every state institution of higher education. State does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.
(17) State agency means any department, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.
(18) State institution of higher education means a state institution of higher education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.
Source: L. 79: Entire part added, p. 879, § 1, effective July 1. L. 80: (1)(b) and (1)(c) amended and (2) R&RE, p. 593, §§ 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, § 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, § 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, § 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, § 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, § 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, § 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, § 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, § 1, effective June 5. L. 2024: (3) amended, (HB 24-1422), ch. 137, p. 510, § 1, effective August 7.
Cross references: For the legislative declaration contained in the 1995 act amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1302. State buildings - transfer. (1) The powers, duties, and functions of the department of personnel include the powers, duties, and functions relating to state buildings that were formerly vested in the office of state planning and budgeting.
(2) Effective July 1, 1979, the officers and employees of the office of state planning and budgeting engaged prior to such date in the performance of the powers, duties, and functions vested by this part 13 in the department shall become employees of the department and shall retain all rights to state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. Effective July 1, 1979, all of the books, records, reports, equipment, property, accounts, liabilities, and funds of the office of state planning and budgeting which pertain to the powers, duties, and functions vested by this part 13 in the department shall be transferred thereto.
(3) Whenever the powers, duties, or functions vested by this part 13 are referred to in any other statute or in any contract or other document and designate the former division of public works, or its predecessor, or the office of state planning and budgeting, such designation shall be deemed to apply solely to the department of personnel.
Source: L. 79: Entire part added, p. 881, § 1, effective July 1. L. 95: (1) and (3) amended, p. 649, § 55, effective July 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3420, § 195, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending subsections (1) and (3), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-30-1302.5. Office of the state architect. (1) There is created within the department an office of the state architect, the head of which is the state architect. The state architect is designated by the executive director of the department, subject to the provisions of section 13 of article XII of the state constitution, and the state architect must be qualified by training in architecture and planning. The state architect shall appoint the necessary staff of the office of the state architect in accordance with the provisions of section 13 of article XII of the state constitution.
(2) The state architect shall exercise all powers necessary and proper for the discharge of his or her duties as specified in this part 13 and part 14 of this article.
Source: L. 2015: Entire section added, (SB 15-270), ch. 296, p. 1206, § 2, effective June 5.
24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:
(a) With the approval of the governor, negotiate and execute leases on behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;
(a.5) Notwithstanding section 24-30-1301 (15)(a), with the approval of the governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;
(b) With the approval of the governor, negotiate and approve easements and rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;
(c) Repealed.
(d) Supervise and be responsible for the expenditure of funds appropriated by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;
(e) Maintain a current record of balances by project in the capital construction and controlled maintenance funds;
(f) Cause to be developed and enforced methods of internal control, on standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;
(g) Repealed.
(h) Develop, or cause to be developed, with the approval of the governor, specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;
(i) Develop a construction procedures manual for real property, with the approval of the governor;
(j) Develop, or cause to be developed, standards of inspection, with the approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;
(k) Coordinate initiation of budget requests for those capital construction or capital renewal projects for which the executive director shall be designated as principal representative by the governor;
(k.5) Coordinate initiation of budget requests for controlled maintenance projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.
(l) and (m) Repealed.
(n) (I) (Deleted by amendment, L. 94, p. 567, § 20, effective April 6, 1994.)
(II) Develop, or cause to be developed, methods of control on a standardized basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.
(o) (Deleted by amendment, L. 94, p. 567, § 20, effective April 6, 1994.)
(p) Develop and maintain, or cause to be developed and maintained, at state agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;
(q) Develop and maintain, or cause to be developed and maintained, at state agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;
(r) Promulgate rules for independent third-party review of facility program plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.
(s) (I) Promulgate rules and regulations for the administration of the bid procedure and acceptable methods for determining the lowest responsible bidder;
(II) In cooperation with the project architect, engineer, or consultant, be responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;
(III) When directly responsible for the bid procedure, recommend the lowest responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;
(IV) Promulgate, with the assistance of the attorney general and the state controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;
(V) Review and approve modifications to such standard contract language;
(s.5) Work with the office of state planning and budgeting, the Colorado commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;
(t) (I) Make recommendations on capital construction and capital renewal project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.
(II) Be responsible for the preparation of the state's controlled maintenance budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;
(u) and (v) Repealed.
(w) Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction, assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.
(x) and (y) Repealed.
(z) Establish minimum building codes, with the approval of the governor and the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.
(aa) Repealed.
(bb) Develop and maintain a list of the information required to be included in facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);
(cc) Develop procedures for the submission of facility management plans and updates pursuant to section 24-30-1303.5 (3.5); and
(dd) Review facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.
(ee) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, § 75, effective August 5, 2009.)
(ff) (I) (A) On or before January 1, 2025, adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.
(B) On or before January 1, 2030, adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.
(II) Notwithstanding any other provision of this subsection (1)(ff), the office of the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(III) Nothing in this subsection (1)(ff) restricts the ability of an investor-owned utility with approval from the public utilities commission to:
(A) Provide incentives or other energy efficiency program services to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or
(B) Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).
(IV) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).
(V) (A) A utility shall be allowed to count mass-based emissions reductions associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(B) A utility subject to regulation by the public utilities commission shall not be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(2) The provisions of subsection (1) of this section shall not apply to lands under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.
(3) (a) All real property, except public roads and highways, projects under the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.
(b) Projects under the supervision of the division of parks and wildlife that are excluded from paragraph (a) of this subsection (3), shall:
(I) Maintain a current record of balances by capital project, including but not limited to:
(A) Planned budgets, actual expenditures, and additions or deletions to and components of projects; and
(B) Items categorized for professional services, construction or improvement, contingencies, and moveable equipment.
(II) Notwithstanding section 24-1-136 (11)(a)(I), report the current record of balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.
(c) (I) All real property under the supervision of the judicial department erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.
(II) The judicial department is authorized to hire private construction managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.
(III) The judicial department is authorized to perform the responsibilities and functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.
(4) When the principal representative is a legislative agency, the principal representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.
(5) (a) The office may delegate to state agencies or state institutions of higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.
(b) The office may authorize state agencies or state institutions of higher education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.
(c) If the state architect determines that the governing board of a state institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).
(d) Upon application by any state agency or state institution of higher education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.
(6) Nothing in this article is intended to diminish the authority granted to the judicial department or the state court administrator in Senate Bill 08-206.
(7) By June 30, 2025, the office of the state architect shall develop, in coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.
Source: L. 79: Entire part added, pp. 881, 894, §§ 1, 2, effective July 1. L. 83: (4) amended, p. 893 § 1, effective March 22; (1)(c) repealed, p. 896, § 3, effective June 1. L. 89: (5) added, p. 1026, § 1, effective April 27; (1)(k.5) added, p. 1028, § 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, §§ 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, § 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, §§ 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, § 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, § 57, effective June 1. L. 97: (1)(p) amended, p. 108, § 1, effective March 24. L. 2001: (3) amended, p. 227, § 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, § 2, effective April 29; (1)(ee) added, p. 2502, § 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, § 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, § 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, § 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, § 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, § 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, § 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, § 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, § 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, § 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, § 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, § 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, § 1, effective August 7.
Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa), effective January 1, 1996. (See L. 93, p. 917.)
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1303.1. Code appeals board - creation - duties. (Repealed)
Source: L. 90: Entire section added, p. 1188, § 4, effective April 18. L. 2014: Entire section repealed, (HB 14-1387), ch. 378, p. 1855, § 71, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1303.5. Office of the state architect to prepare and maintain inventory of state property - vacant facilities. (1) The office shall obtain and maintain a correct and current inventory of all real property owned by or held in trust for the state or any state agency or state institution of higher education, and, in cooperation with the attorney general, correct any defects in title to said real property necessary to vest marketable title in the state.
(2) Such inventory must include sufficient information to identify such real property with respect to which unit of the state has control thereof, where such real property is located, and when and from what source the real property was acquired, including subsequent improvements. The office shall establish and maintain an accurate index system which will assure that inquiries as to the location and control of all such real property will be promptly answered.
(3) The office shall establish procedures whereby each state agency and state institution of higher education is required to report all acquisitions of real property, including improvements, and all dispositions thereof to the office to enable the inventory to be promptly and accurately maintained with respect to such changes. The report must include a copy of each purchase or sale agreement pertaining to the acquisition or disposition of real property, including improvements, or, if such agreements are not available, such other documents describing the terms and conditions of the transaction as the office finds to be appropriate in order to maintain the information required by subsection (2) of this section. For each transaction involving the acquisition or disposition of real property, the state agency or the state institution of higher education shall also provide to the department a copy of the deed pertaining to the real property after the deed has been recorded.
(3.5) (a) With respect to all real property owned by or held in trust for the state or any state agency or state institution of higher education, each state agency or state institution of higher education shall identify any vacant facility under its control. As used in this section, vacant means:
(I) Unoccupied;
(II) Unused in whole or in part for the purposes for which the improvement was designed, intended, or remodeled; or
(III) Without current defined plans by the state agency or state institution of higher education for the next fiscal year.
(b) A state agency or state institution of higher education must submit for the approval of the office a facility management plan for any vacant facility consistent with the procedures established by the office. The state agency or state institution of higher education must submit the facility management plan to the office within thirty days after the facility becomes vacant. In addition to any other information required by the office, the facility management plan must include the following:
(I) A financial analysis of the possible uses of the facility;
(II) Any plans for the disposal of the facility through sale, lease, demolition, or otherwise;
(III) If the state agency or state institution of higher education does not intend to dispose of the facility during the next fiscal year, a plan for the proposed controlled maintenance, if any, necessary to avoid the deterioration of the vacant facility; and
(IV) Whether the facility has or is eligible to receive a national, state, or local historic designation or listing.
(c) (I) For each year after the office approves a facility management plan, the state agency or state institution of higher education shall submit an annual facility management plan update consistent with the procedures established by the office. The update must be submitted on or before November 1 of the year following the approval of a facility management plan and each November 1 thereafter until such time that the facility is no longer vacant. In addition to any other information required by the office, the update must identify all actions taken by the state agency or state institution of higher education within the last year consistent with the facility management plan. If based on the update or on any other information known by the office, the office determines that the state agency or state institution of higher education has failed to comply with the provisions of an approved facility management plan, the office may revoke the approval of the facility management plan. If the office revokes approval of the facility management plan, a state agency or state institution of higher education is required to submit a new facility management plan for the vacant facility subject to the provisions of this subsection (3.5).
(II) In addition to any other requirements of subparagraph (I) of this paragraph (c), the facility management plan update must describe any changes proposed by the state agency or state institution of higher education to the facility management plan. Any proposed changes to the facility management plan are subject to the approval of the office, and any approved changes become part of the facility management plan for purposes of future updates.
(d) Any facility management plan or update required to be submitted by a state institution of higher education pursuant to this subsection (3.5) must be submitted to the Colorado commission on higher education instead of the office. The commission shall submit a copy of the facility management plan or update and the commission's recommendations regarding it to the office.
(e) Repealed.
(f) No state agency or state institution of higher education is eligible for any capital construction appropriations until the office approves a facility management plan for all vacant facilities controlled by the state agency or state institution of higher education; except that the capital development committee may exempt a state agency or state institution of higher education from the provisions of this paragraph (f).
(4) For purposes of maintaining a current inventory, no acquisition or disposition of real property may be made and no funds or other valuable consideration may be given by a state agency or state institution of higher education for such acquisition, nor may any final document of conveyance of real property be transmitted to a purchaser, until a complete report on such transaction as required pursuant to subsection (3) of this section has been filed with the office and the office has issued a written acknowledgment of the receipt of such report to the state agency or state institution of higher education. Such written acknowledgment must be issued without delay, and nothing in this section should be construed to give the office any power to approve or disapprove any acquisition or disposition of real property, improvements thereon, or other capital assets.
(5) (Deleted by amendment, L. 2014.)
(5.5) The office shall cause to be developed performance criteria for real property. An analysis must be made upon selected real property against the performance criteria to assess whether the selected real property should be considered for sale or other disposition if such real property is not performing and is determined not to be of sound investment value, or should be held for an identified future state need. The office may contract to maintain such inventories, develop such performance criteria, and perform such analysis and may enter exclusive brokerage agreements on behalf of state agencies and state institutions of higher education to the extent necessary to accomplish the maintenance of such inventory and such analysis. The office shall make recommendations to the capital development committee regarding various real property management strategies resulting from such analysis. This subsection (5.5) does not apply to property that is subject to the provisions of section 43-1-106 (8)(n), C.R.S.
(6) Notwithstanding section 24-1-136 (11)(a)(I), the office shall prepare an annual report of the acquisitions and dispositions of real property subject to this section and make the report available to the members of the capital development committee. Such report must include a description of the real property and its present use and value.
Source: L. 83: Entire section added, p. 894, § 1, effective June 6. L. 90: (6) amended, p. 1284, § 2, effective April 3; (5.5) added, p. 1190, § 5, effective April 18. L. 91: (1) and (5.5) amended, p. 1059, § 17, effective July 1. L. 99: (6) amended, p. 690, § 11, effective August 4. L. 2003: (3.5) added, p. 963, § 3, effective July 1. L. 2007: (3.5)(e) repealed, p. 757, § 6, effective May 10. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1808, § 5, effective June 6. L. 2015: (1), (2), (3), (3.5), (4), (5.5), and (6) amended, (SB 15-270), ch. 296, p. 1209, § 4, effective June 5. L. 2017: (6) amended, (HB 17-1058), ch. 18, p. 59, § 5, effective March 8.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1303.7. Controlled maintenance projects - flexibility in administering appropriations. (1) When the actual cost of a controlled maintenance project exceeds the amount specifically appropriated for such project in the annual general appropriation act or when an emergency need arises for a new controlled maintenance project, the executive director may eliminate one or more projects authorized by appropriation in the general appropriation act and utilize the savings to cover such additional cost or the cost of the emergency project. When the actual cost of a controlled maintenance project is less than the amount specifically appropriated for such project in the annual general appropriation act, the executive director may apply such savings to other appropriated controlled maintenance projects.
(2) and (3) Repealed.
Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 62, § 1, effective August 25. L. 87: (3) repealed, p. 978, § 1, effective May 6. L. 99: (2) repealed, p. 690, § 12, effective August 4.
24-30-1303.8. Governor's mansion maintenance fund - creation - report. (1) (a) The governor's mansion maintenance fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of money earned from the operation of the governor's mansion, such as rental fees, and any proceeds from the lease of the parking lot associated with the governor's mansion property, which money is credited to the fund by the state treasurer, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the governor's office may expend money from the fund for any operating costs for any governor's mansion activities and the department may expend money from the fund for controlled maintenance of the governor's mansion; except that the capital development committee shall review any appropriation requests for controlled maintenance and shall forward its recommendations to the joint budget committee.
(b) No later than December 1, 2018, and each December 1 thereafter, the department shall provide a report to the capital development committee regarding the fund balance and information regarding the controlled maintenance needs of the governor's mansion.
(2) If the money in the fund is insufficient to cover the cost of a controlled maintenance project, the department may submit a controlled maintenance budget request for the governor's mansion with the office of state planning and budgeting to be included with the office of state planning and budgeting's submission to the capital development committee made pursuant to section 24-37-304 (1)(c.3)(I)(D).
Source: L. 2018: Entire section added, (SB 18-208), ch. 292, p. 1796, § 1, effective August 8. L. 2021: (1)(a) amended, (HB 21-1274), ch. 263, p. 1535, § 2, effective September 7.
24-30-1303.9. Eligibility for state controlled maintenance funding - legislative declaration. (1) The office of the state architect shall develop guidelines in order to establish when real property is eligible for controlled maintenance funding, subject to the limitations set forth in this section. The guidelines must address the timing of such eligibility with respect to the dates on which acquisition, construction, additions, renovations, or corrective repairs of real property occurred.
(2) The guidelines shall be annually reviewed and approved by the capital development committee.
(3) The guidelines shall provide for a waiver of eligibility requirements that a state agency or state institution of higher education may request in writing. If the state architect determines that special consideration is appropriate, he or she shall seek approval from the capital development committee.
(4) The guidelines shall be posted on the website of the office of the state architect.
(5) Notwithstanding the eligibility requirements specified in this section, if a need arises for emergency controlled maintenance funding, the state agency or state institution of higher education shall communicate such need to the state architect in writing, and the state architect, in his or her discretion, may use moneys in the emergency controlled maintenance account created in section 24-75-302 (3.2) to fund such emergency controlled maintenance need. The state architect shall annually provide an emergency controlled maintenance funding status report to the capital development committee that shows spending for emergency controlled maintenance projects from the emergency controlled maintenance account.
(6) Any corrective repairs or replacement as part of a controlled maintenance project must be suitable for retention or use for at least five years.
(7) (a) Controlled maintenance funds may not be used for:
(I) Corrective repairs or replacement of real property and replacement or repair of the fixed or movable equipment necessary for the operation of real property, when such work is funded in a state agency's or state institution of higher education's operating budget;
(II) Auxiliary facilities as defined in section 23-1-106 (10.3);
(III) Leasehold interests in real property;
(IV) Any work properly categorized as capital construction;
(V) Facilities described in section 23-1-106 (10.2)(a)(III); or
(VI) Any real property acquired by a state agency or a state institution of higher education through a financed purchase of an asset or certificate of participation agreement where the financed purchase of an asset or certificate of participation agreement requires authorization set forth in section 24-82-801.
(b) Minor maintenance items shall not be accumulated to create a controlled maintenance project, nor shall minor maintenance work be accomplished as a part of a controlled maintenance project unless the work is directly related to the project.
(8) Notwithstanding this section, controlled maintenance funds may be used for real property leased and operated by the department of human services or the department of corrections.
(9) Notwithstanding this section, controlled maintenance funds may be used for real property that is transferred from the San Juan basin area vocational school to Pueblo community college as part of a merger transaction between the San Juan basin area vocational school and Pueblo community college.
(10) Notwithstanding this section, controlled maintenance funds may be used for academic facility as defined in section 23-1-106 (10.3), C.R.S.
Source: L. 2012: Entire section added, (HB 12-1318), ch. 129, p. 446, § 1, effective August 8. L. 2014: (1) amended and (6) to (10) added, (HB 14-1387), ch. 378, p. 1811, § 6, effective June 6. L. 2017: (7)(a)(II), (7)(a)(III), and (7)(a)(IV) amended and (7)(a)(V) added, (SB 17-267), ch. 267, p. 1441, § 8, effective May 30. L. 2018: (7)(a)(IV) and (7)(a)(V) amended and (7)(a)(VI) added, (HB 18-1374), ch. 249, p. 1535, § 1, effective August 8. L. 2021: (7)(a)(VI) amended, (HB 21-1316), ch. 325, p. 2024, § 32, effective July 1.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.
24-30-1304. Life-cycle cost - legislative findings and declaration. (1) The general assembly hereby finds:
(a) That state-owned real property has a significant impact on the state's consumption of energy;
(b) That energy conservation practices adopted for the design, construction, and utilization of this real property will have a beneficial effect on the state's overall supply of energy;
(c) That the cost of the energy consumed by this real property over the life of the real property must be considered, in addition to the initial cost of constructing such real property; and
(d) That the cost of energy is significant, and facility designs must take into consideration the total life-cycle cost, including the initial construction cost, the cost, over the economic life of the real property, of the energy consumed, replacement costs, and the cost of operation and maintenance of the real property, including energy consumption.
(2) The general assembly declares that it is the policy of this state to ensure that energy conservation practices are employed in the design of state-owned real property. To this end the general assembly requires all state agencies and state institutions of higher education to analyze the life-cycle cost of all real property constructed or renovated, over its economic life, in addition to the initial construction or renovation cost.
Source: L. 79: Entire part added, p. 884, § 1, effective July 1. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1812, § 7, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1305. Life-cycle cost - application - definitions. (1) The general assembly authorizes and directs that state agencies and state institutions of higher education shall employ design and construction methods for real property under their jurisdiction, in such a manner as to further the policy declared in section 24-30-1304, insuring that life-cycle cost analyses and energy conservation practices are employed in new or renovated real property.
(2) The life-cycle cost analysis must include but not be limited to such elements as:
(a) The coordination, orientation, and positioning of the facility on its physical site;
(b) The amount and type of fenestration employed in the facility;
(c) Thermal performance and efficiency characteristics of materials incorporated into the facility design;
(d) The variable occupancy and operating conditions of the facility, including illumination levels; and
(e) Architectural features which affect energy consumption.
(f) (Deleted by amendment, L. 2014.)
(3) The life-cycle cost analysis performed for real property with a facility of twenty thousand or more gross square feet with significant energy demands must provide but not be limited to the following information:
(a) The initial estimated cost of each energy-consuming system being compared and evaluated;
(b) The estimated annual operating cost of all utility requirements, including consideration of possible escalating costs of energy. The office may rely on any national or locally appropriate fuel escalating methodology approved by the office of the state architect in performing life-cycle cost analyses.
(c) The estimated annual cost of maintaining each energy-consuming system;
(d) The average estimated replacement cost for each system expressed in annual terms for the economic life of the facility;
(e) The use of biofuel to provide supplemental or exclusive heating, power, or both for the facility. For a renovation of such a facility, the cost analysis regarding the use of biofuel must consider any stranded utility costs; and
(f) An energy consumption analysis of such real property's heating, ventilating, and air conditioning system, lighting system, and all other energy-consuming systems. The energy consumption analysis of the operation of energy-consuming systems in the real property should include but not be limited to:
(I) The comparison of two or more system alternatives;
(II) The simulation or engineering evaluation of each system over the entire range of operation of the real property for a year's operating period; and
(III) The engineering evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.
(4) The life-cycle cost analysis shall be certified by a licensed architect or professional engineer, or by both architect and engineer, particularly qualified by training and experience for the type of work involved.
(5) In order to protect the integrity of historic buildings, no provision of section 24-30-1304 or this section should be interpreted to require such analysis with respect to any real property eligible for, nominated to, or entered in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.
(6) Selection of the optimum system or combination of systems to be incorporated into the design of real property must be based on the life-cycle cost analysis over the economic life of the real property, unless a request for an alternative system is made and approved by the office prior to beginning construction.
(7) The principal representatives of all state agencies and state institutions of higher education are responsible for implementing the provisions of this section and the policy established in section 24-30-1304.
(8) The provisions of section 24-30-1304 and this section shall not apply to municipalities or counties nor to any agency or department of any municipality or county.
(9) Repealed.
(10) As used in this section, unless the context otherwise requires:
(a) Biofuel means nontoxic plant matter consisting of agricultural or silvicultural crops or their byproducts, urban wood waste, mill residue, slash, or brush.
(b) Energy consumption analysis means the evaluation of all energy-consuming systems and components by demand and type of energy, including the internal energy load imposed on real property by its occupants, equipment, and components and the external energy load imposed on the real property by climatic conditions.
Source: L. 79: Entire part added, p. 884, § 1, effective July 1. L. 2004: (4) amended, p. 1311, § 55, effective May 28. L. 2006: (3)(e) added, p. 158, § 1, effective March 31. L. 2007: (9) added, p. 485, § 2, effective September 1. L. 2008: (3)(b) amended, p. 1307, § 2, effective August 5. L. 2013: (9)(b) amended and (9)(c)(IV) repealed, (SB 13-028), ch. 66, p. 218, § 2, effective March 22. L. 2014: (1), (2), (3), (5), (6), and (7) amended, (9) repealed, and (10) added, (HB 14-1387), ch. 378, pp. 1813, 1855, §§ 8, 71, effective June 6. L. 2015: (3)(b) and (6) amended, (SB 15-270), ch. 296, p. 1211, § 5, effective June 5.
Cross references: For the legislative declaration in the 2013 act amending subsection (9)(b) and repealing subsection (9)(c)(IV), see section 1 of chapter 66, Session Laws of Colorado 2013. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1305.5. High performance standards - report - legislative declaration - definition. (1) The office shall, in consultation with the Colorado commission on higher education, adopt and update from time to time a high performance standard certification program.
(2) A state agency or state institution of higher education controlling the substantial renovation, design, or new construction of a building shall, pursuant to the program adopted in subsection (1) of this section, perform the substantial renovation, design, or new construction to achieve the highest performance certification attainable as certified by an independent third party pursuant to the high performance standard certification program. A certification is attainable if the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable can be recouped from decreased operational costs within fifteen years.
(3) (a) For all buildings that started the design process on or after January 1, 2010, each state agency or state institution of higher education shall monitor, track, and verify utility vendor bill data pertaining to the building and must annually report to the office. The annual report must also include information related to building performance based on the building's utility consumption.
(b) The general assembly hereby finds, determines, and declares that buildings that have achieved the highest performance certification attainable and started the design process prior to January 1, 2010, are strongly encouraged to monitor, track, and verify utility vendor bill data pertaining to such building in order to ensure that the increased initial costs to achieve the highest performance certification attainable are in fact recouped. If such data is monitored, tracked, and verified, then the state agency or state institution of higher education must annually report to the office. If such data is not monitored, tracked, and verified, then the state agency or state institution of higher education must provide the office, in writing, a reasonable explanation and also must work with the office to find a way to start monitoring, tracking, verifying, and reporting such data.
(c) The state agency or state institution of higher education, not a utility company, shall compile the utility vendor bill data.
(4) If the state agency or state institution of higher education estimates that the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable will exceed five percent of the total cost of the substantial renovation, design, or new construction, the capital development committee shall specifically examine such estimate before approving any appropriation for the substantial renovation, design, or new construction.
(5) If a building undergoing substantial renovation cannot achieve high performance due to either the historical nature of the building or because the increased costs of renovating the building cannot be recouped from decreased operational costs within fifteen years, an accredited professional shall assert in writing that, as much as possible, the substantial renovation has been consistent with the high performance standard certification program.
(6) Any design or new construction of a building of less than five thousand square feet that is, but for its size, otherwise subject to this section and any minor renovation and controlled maintenance of a building that is subject to this section must be executed to the high performance standards adopted in the high performance standard certification program even if high performance certification is not sought at that time.
(7) Notwithstanding section 24-1-136 (11)(a)(I), the office shall report annually to the capital development committee regarding contracting documents, project guidelines, and reporting and tracking procedures related to the implementation of this section.
(8) As used in this section, unless the context otherwise requires:
(a) (I) Building means a facility that:
(A) Is substantially renovated, designed, or constructed with state moneys or with moneys guaranteed or insured by a state agency or state institution of higher education and such moneys constitute at least twenty-five percent of the project cost;
(B) Contains five thousand or more gross square feet;
(C) Includes a heating, ventilation, or air conditioning system; and
(D) Did not enter the design phase prior to January 1, 2008.
(II) Building includes an academic facility as defined in section 23-1-106 (10.3)(a), C.R.S., including an academic facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.
(III) Building does not include:
(A) An auxiliary facility as defined in section 23-1-106 (10.3)(b), C.R.S., including an auxiliary facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.; or
(B) A publicly assisted housing project as defined in section 24-32-718.
(b) High performance standard certification program means a real property renovation, design, and construction standard that:
(I) Is quantifiable, measurable, and verifiable as certified by an independent third party;
(II) Reduces the operating costs of real property by reducing the consumption of energy, water, and other resources;
(III) Results in the recovery of the increased initial capital costs attributable to compliance with the program over time by reducing long-term energy, maintenance, and operating costs;
(IV) Improves the indoor environmental quality of real property for a healthier work environment;
(V) Encourages the use of products harvested, created, or mined within Colorado, regardless of product certification status;
(VI) Protects Colorado's environment; and
(VII) Complies with the federal secretary of the interior's standards for the treatment of historic real property when such work will affect real property fifty years of age or older, unless the state historical society, designated in section 24-80-201, determines that such real property is not of historical significance as defined in section 24-80.1-102 (6).
(c) Substantial renovation means any renovation with a cost that exceeds twenty-five percent of the value of the building.
(d) Utility vendor bill data means information or data limited to the usage data measured by the state agency or state institution of higher education or the information or data required to meet minimum program standards by an independent third party pursuant to the high performance standard certification program.
Source: L. 2014: Entire section added, (HB 14-1387), ch. 378, p. 1815, § 9, effective June 6. L. 2015: (1), (3)(a), (3)(b), (7), and (8)(d) amended, (SB 15-270), ch. 296, p. 1212, § 6, effective June 5. L. 2017: (7) amended, (HB 17-1058), ch. 18, p. 59, § 6, effective March 8.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1306. Acceptance of gifts and grants. The department and the office, with the approval of the governor, are specifically empowered to receive and expend all grants, gifts, and bequests, where such grants, gifts, or bequests involve no state funds for acquisition, construction, or operation, including federal funds available for the purposes for which the department exists, and to contract with the United States and all other legal entities with respect thereto. The department and the office may provide, where such funds are specifically appropriated, matching funds wherever funds, grants, gifts, bequests, and contractual assistance are available on such basis. The department and the office shall provide such information, reports, and services as may be necessary to secure such financial aid.
Source: L. 79: Entire part added, p. 886, § 1, effective July 1. L. 2015: Entire section amended, (SB 15-270), ch. 296, p. 1212, § 7, effective June 5.
24-30-1307. Legislative declaration. The purpose of this part 13 is to allow the office of the state architect to develop the policies and standards for state agencies and state institutions of higher education to follow for the major renovation or new construction of real property and to allow the office to delegate the authority to implement such policies and standards to the individual state agencies or state institutions of higher education. It is not the purpose of this part 13 to require state agencies or state institutions of higher education to add FTEs or incur additional expenditures to implement the provisions of this part 13.
Source: L. 90: Entire section added, p. 1190, § 6, effective April 18. L. 95: Entire section amended, p. 650, § 56, effective July 1. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1818, § 10, effective June 6. L. 2015: Entire section amended, (SB 15-270), ch. 296, p. 1213, § 8, effective June 5.
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1308. Controlled maintenance funds - leased or rented facilities - secure facilities. (Repealed)
Source: L. 2005: Entire section added, p. 1513, § 2, effective June 9. L. 2014: Entire section repealed, (HB 14-1387), ch. 378, p. 1818, § 11, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1309. Eligibility of certain buildings for controlled maintenance. (Repealed)
Source: L. 2009: Entire section added, (SB 09-043), ch. 284, p. 1294, § 4, effective May 20. L. 2014: Entire section repealed, (HB 14-1387), ch. 378, p. 1818, § 12, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1310. Funding for capital construction, controlled maintenance, or capital renewal - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Annual depreciation-lease equivalent payment means an amount equal to the recorded depreciation of the capital asset acquired, repaired, improved, replaced, renovated, or constructed with an appropriation from the general fund, the capital construction fund, or the controlled maintenance trust fund, based on the depreciation period, as calculated by the state agency or the state institution of higher education, which calculation the state institution of higher education shall report to the department of higher education. The amount is calculated from the date of acquisition or the date of completion of the repair, improvement, replacement, renovation, or construction to June 30 of the fiscal year of acquisition or completion. The amount continues to be annually calculated on a fiscal year basis until the depreciation for the capital asset is no longer recorded.
(b) Appropriation means an appropriation in the capital construction section of the annual general appropriation act, not including appropriations for information technology projects, and not including any appropriations made from the information technology capital account in the capital construction fund created in section 24-75-302 (3.7).
(c) Capital construction fund means the capital construction fund created in section 24-75-302.
(d) Cash fund does not include:
(I) The lottery fund created in section 44-40-111;
(II) The limited gaming fund created in section 44-30-701 (1);
(III) Money allocated to the division of parks and wildlife from lottery proceeds as specified in section 3 of article XXVII of the state constitution;
(IV) The regional center depreciation account in the capital construction fund, created in section 24-75-302 (3.8)(a);
(V) The legislative department cash fund created in section 2-2-1601 (1)(a) and the redistricting account of the legislative department cash fund created in section 2-2-1601 (2.5); or
(VI) The wildlife cash fund created in section 33-1-112 (1)(a).
(e) Controlled maintenance trust fund means the controlled maintenance trust fund created in section 24-75-302.5.
(f) Depreciation means an amount calculated and recorded in accordance with generally accepted accounting principles.
(g) Depreciation period means a period determined in fiscal procedures issued by the state controller or the state institution of higher education.
(h) Project cost means the depreciable components of the total project cost as reflected in the appropriation; except that, if the project is financed, the total project cost does not include any financing costs.
(2) Except for the 2020-21 annual general appropriation act, for every appropriation in the capital construction section of the 2015-16 annual general appropriation act and every appropriation in the capital construction section of each annual general appropriation act thereafter, not including appropriations for information technology projects, additional funding must be set aside as follows:
(a) (I) If the funding source for the appropriation is from a cash fund, the state agency shall annually calculate an amount equal to the recorded depreciation of the capital asset or capital assets acquired, repaired, improved, replaced, renovated, or constructed with the appropriation based on the depreciation period, the general assembly shall include an annual depreciation-lease equivalent payment line item payable from the cash fund in the operating section of the annual general appropriation act for the state agency, and, except as otherwise provided in subsection (2)(a)(II) of this section, on June 30 the state controller shall credit such amount from the cash fund that was the source of the funding for the appropriation to a capital reserve account established by the state agency in such cash fund as specified in section 24-75-403 (2).
(II) (A) On September 1, 2022, the state treasurer shall transfer any amounts credited on June 30, 2022, to state agency capital reserve accounts pursuant to subsection (2)(a)(I) of this section to the capitol complex renovation fund created in section 24-30-1313.
(B) On June 30, 2023, the state controller shall credit the amount calculated pursuant to subsection (2)(a)(I) of this section from the cash fund that was the source of the funding for the appropriation to the capitol complex renovation fund created in section 24-30-1313.
(C) On July 1, 2023, and on each July 1 thereafter through July 1, 2029, the state controller shall credit the amount calculated pursuant to subsection (2)(a)(I) of this section from the cash fund that was the source of the funding for the appropriation to the capitol complex renovation fund created in section 24-30-1313.
(b) (I) If the funding source for the appropriation is from the general fund, the capital construction fund, the revenue loss restoration cash fund, or the controlled maintenance trust fund, the general assembly shall include an annual depreciation-lease equivalent payment line item payable from the general fund in the operating section of the annual general appropriation act for each state agency, including the department of higher education. Except as otherwise provided in subsection (2)(b)(II) of this section, on June 30 the state controller shall credit the annual depreciation-lease equivalent payment line item to the capital construction fund; except that, of such payment, an amount equal to one percent of the project cost will be deducted from the payment and credited to the principal of the controlled maintenance trust fund.
(II) (A) On September 1, 2022, the state treasurer shall transfer any amounts credited on June 30, 2022, to the capital construction fund and the controlled maintenance trust fund pursuant to subsection (2)(b)(I) of this section to the capitol complex renovation fund created in section 24-30-1313.
(B) On June 30, 2023, the state controller shall credit the annual depreciation-lease equivalent payment calculated pursuant to subsection (2)(b)(I) of this section to the capitol complex renovation fund created in section 24-30-1313.
(C) On July 1, 2023, and on each July 1 thereafter through July 1, 2028, the state controller shall credit the annual depreciation-lease equivalent payment calculated pursuant to subsection (2)(b)(I) of this section to the capitol complex renovation fund created in section 24-30-1313.
(c) If the funding source for the appropriation is a financing arrangement, including a financed purchase of an asset or certificate of participation agreement allowed pursuant to section 24-82-802, and the source of the funding for the financing payment is:
(I) (A) From a cash fund, then the state agency shall annually calculate an amount equal to one percent of the project cost and the general assembly shall include an annual controlled maintenance line item payable from the cash fund in the operating section of the annual general appropriation act for each state agency equal to such amount. Except as otherwise provided in subsection (2)(c)(I)(B) of this section, on June 30 the state controller shall credit such amount to a capital reserve account established by the state agency in the cash fund as specified in section 24-75-403 (2).
(B) On September 1, 2022, the state treasurer shall transfer any amounts credited on June 30, 2022, to state agency capital reserve accounts pursuant to subsection (2)(c)(I)(A) of this section to the capitol complex renovation fund created in section 24-30-1313. On June 30, 2023, on July 1, 2023, and on each July 1 thereafter through July 1, 2028, the state controller shall credit the amount calculated pursuant to subsection (2)(c)(I)(A) of this section to the capitol complex renovation fund created in section 24-30-1313;
(II) (A) From the general fund, the capital construction fund, or the controlled maintenance trust fund, then the general assembly shall include an annual controlled maintenance line item payable from the general fund in the operating section of the annual general appropriation act for each state agency, including the department of higher education, equal to one percent of the project cost, as calculated by the state agency or the state institution of higher education, which calculation the state institution of higher education shall report to the department of higher education. Except as otherwise provided in subsection (2)(c)(II)(B) of this section, on June 30 the state controller shall credit such amount to the controlled maintenance trust fund.
(B) On September 1, 2022, the state treasurer shall transfer any amounts credited on June 30, 2022, to the controlled maintenance trust fund pursuant to subsection (2)(c)(II)(B) of this section to the capitol complex renovation fund created in section 24-30-1313. On June 30, 2023, on July 1, 2023, and on each July 1 thereafter through July 1, 2028, the state controller shall credit the amount calculated pursuant to subsection (2)(c)(II)(A) of this section to the capitol complex renovation fund created in section 24-30-1313;
(d) If the funding source for the appropriation is a combination of the funding sources described in subsections (2)(a), (2)(b), and (2)(c) of this section, then the annual set aside must be made in proportion to the funding source.
(3) Repealed.
Source: L. 2015: Entire section added, (SB 15-211), ch. 179, p. 584, § 2, effective May 11. L. 2016: Entire section amended, (SB 16-020), ch. 11, p. 25, § 1, effective March 9. L. 2017: (1)(d) and (2)(a) amended, (HB 17-1144), ch. 132, p. 445, § 1, effective August 9. L. 2018: (1)(d) amended, (HB 18-1372), ch. 279, p. 1753, § 1, effective August 8; (1)(d) amended, (SB 18-034), ch. 14, p. 245, § 30, effective October 1; (1)(d) amended, (HB 18-1027), ch. 31, p. 364, § 11, effective October 1. L. 2020: (1)(d) and IP(2) amended, (HB 20-1398), ch. 176, p. 806, § 1, effective June 29. L. 2021: IP(2)(c) amended, (HB 21-1316), ch. 325, p. 2025, § 33, effective July 1. L. 2022: (2) amended and (3) added, (SB 22-239), ch. 411, p. 2904, § 1, effective August 10. L. 2023: (2) amended, (SB 23-306), ch. 412, p. 2443, § 3, effective June 6. L. 2024: (1)(d)(IV), (1)(d)(V), and (3) amended and (1)(d)(VI) added, (HB 24-1423), ch. 138, p. 512, § 1, effective April 29; (2)(a)(II)(C) amended, (SB 24-206), ch. 455, p. 3152, § 1, effective August 7. L. 2025: (3) repealed, (SB 25-248), ch. 123, p. 488, § 1, effective April 25.
Editor's note: Amendments to subsection (1)(d) by SB 18-034, HB 18-1027, and HB 18-1372 were harmonized.
Cross references: For the legislative declaration in SB 15-211, see section 1 of chapter 179, Session Laws of Colorado 2015.
24-30-1311. Statewide planning function - responsibilities. (1) (a) Commencing with the 2017-18 fiscal year, and each fiscal year thereafter, and in accordance with the office of state planning and budgeting's budget instructions, a state agency shall annually submit all capital construction budget requests, including any amended requests, to the office for review.
(b) Commencing with the 2016-17 fiscal year, and each fiscal year thereafter, and prior to the submission of a supplemental appropriations request to the office of state planning and budgeting, every state agency shall submit supplemental appropriations requests for capital construction to the office for review.
(2) The office shall review all the submissions it receives pursuant to subsection (1) of this section and make the recommendations required in section 24-30-1303 (1)(t)(I) in a timely manner to allow the office of state planning and budgeting to meet the deadlines specified in section 24-37-304 (1)(c.3).
(3) (a) Each state agency shall forward operational master plans, facilities master plans, facilities program plans, and five-year plans to the office. The office shall review operational master plans and approve the facilities master plans, facilities program plans, and five-year plans described in section 24-1-136.5.
(b) The office shall annually provide the capital development committee with a report on approved facility management plans and facility program plans, and shall also provide the committee with copies of approved five-year plans for each state agency.
(4) The office shall develop, or cause to be developed, after consultation with the office of state planning and budgeting pursuant to section 24-37-201, standards for the preparation of current facilities master plans coordinated with operational master plans, and facility program plans coordinated with operational program plans for each state agency, except state institutions of higher education as provided in section 23-1-106, C.R.S.
(5) The office shall coordinate the preparation and maintenance of long-range master plans pursuant to section 24-1-136.5 that recommend executive and legislative actions for achieving desired state objectives and that include recommended methods for evaluation.
(6) The office is authorized to accept and receive grants and services relevant to state planning from the federal government, other state agencies, local governments, and private and civic sources.
(7) It is the general assembly's intent that the office consult with all stakeholders in establishing new procedures related to its statewide planning functions and that the current process for review of any capital construction or capital renewal request for state institutions of higher education, aside from the changes set forth in Senate Bill 15-270, remain the same.
Source: L. 2015: Entire section added, (SB 15-270), ch. 296, p. 1213, § 9, effective June 5.
24-30-1312. Accessibility signage for facilities. Instead of the international symbol of accessibility icon of a character in a wheelchair, any required accessibility signage in a facility must depict an accessible icon with a more dynamic character who leans forward in the wheelchair and who shows a sense of movement. This requirement applies to the construction, acquisition, or substantial renovation, as defined in section 24-30-1305.5 (8)(c), of any facility that contains five thousand or more gross square feet, undertaken on and after the date the state architect obtains approval from the United States department of justice that, on a statewide basis, the accessible icon provides equal or greater access to persons with disabilities and is thus an equivalent facilitation under the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended. The state architect shall, with assistance from the Colorado advisory council for persons with disabilities created in section 26-24-103, seek this approval no later than January 1, 2021.
Source: L. 2020: Entire section added, (SB 20-039), ch. 29, p. 100, § 2, effective September 14.
Cross references: For the legislative declaration in SB 20-039, see section 1 of chapter 29, Session Laws of Colorado 2020.
24-30-1313. Capitol complex renovation fund - created - repeal. (1) The capitol complex renovation fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money credited to the fund pursuant to section 24-30-1310 (2), money transferred to the fund pursuant to sections 24-75-307 (2.5) and (4), and any other money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund.
(4) (a) Except as otherwise provided in subsection (4)(b) of this section, money in the fund is annually appropriated to the department of personnel for capital construction needs for existing state-owned buildings in the capitol complex as specified in subsection (5) of this section. Any unexpended and unencumbered money from an appropriation made from the fund remains available for expenditure by the department for the purposes specified in subsection (5) of this section for the next two fiscal years without further appropriation.
(b) Of the total amount of money appropriated to the department of personnel pursuant to this section, up to twenty-three million dollars shall be available for the general assembly to use for improvement projects in legislative spaces in the capitol complex, including the renovation of the space in the capitol building annex at 1375 Sherman street that is designated as legislative space pursuant to section 24-82-101 (4)(a), subject to approval of the executive committee of the legislative council.
(5) (a) The money in the fund shall be used to fund certain capital construction needs for existing state-owned buildings in the capitol complex, including:
(I) Renovations to the capitol building annex at 1375 Sherman street, the centennial building at 1313 Sherman street, and the state-owned building at 1570 Grant street;
(II) Installation of electric vehicle charging stations at the state-owned building at 1570 Grant street;
(III) LEED certification for the capitol building annex at 1375 Sherman street, the centennial building at 1313 Sherman street, and the state-owned building at 1570 Grant street;
(IV) Projects that address accessibility under the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101, and pursuant to section 24-34-802, improvements to the capitol complex and elements in the capitol, including the first floor, basement areas, and cafeteria, and the capitol building annex at 1375 Sherman street and wedge barriers at the capitol building parking circle entrance locations; and
(V) Improvement projects to the legislative spaces in the capitol building at the discretion of the general assembly.
(b) Any project pursuant to subsection (5)(a)(IV) or (5)(a)(V) of this section that will occur within the public and ceremonial areas of the state capitol building or the surrounding grounds of the state capitol building is subject to review by the capitol building advisory committee pursuant to section 24-82-108 and approval by the capital development committee created in section 2-3-1302.
(6) The state treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2030, to the capital construction fund created in section 24-75-302.
(6.5) On July 1, 2024, the state treasurer shall transfer:
(a) One million one hundred ninety-eight thousand two hundred twenty-four dollars from the fund to the wildlife cash fund created in section 33-1-112 (1)(a); and
(b) Two hundred seventy-three thousand two hundred four dollars from the fund to the division of parks and wildlife to be used by the division for the same purposes as other lottery proceeds distributions made pursuant to section 3 (1)(b)(II) of article XXVII of the state constitution.
(7) This section is repealed, effective July 1, 2031.
Source: L. 2022: Entire section added, (SB 22-239), ch. 411, p. 2906, § 2, effective August 10. L. 2023: (1) and (4)(b) amended, (SB 23-306), ch. 412, p. 2445, § 4, effective June 6. L. 2024: (6.5) added, (HB 24-1423), ch. 138, p. 513, § 2, effective April 29; (5)(a)(IV) and (7) amended, (SB 24-206), ch. 455, p. 3152, § 2, effective August 7.
24-30-1314. Capitol complex renovation - report - repeal. (1) Beginning July 1, 2023, the department of personnel shall report quarterly to the capital development committee regarding the status of the capitol complex renovations funded with money from the capitol complex renovation fund created in section 24-30-1313. At a minimum, the report shall include:
(a) A list of private office spaces that state agencies are leasing at the time of the report, the remaining duration of each lease, and the estimated costs of terminating each lease early;
(b) Repealed.
(c) A project update for each building renovation project in the capitol complex that is funded with money from the capitol complex renovation fund.
(2) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (1) of this section continues indefinitely.
(3) This section is repealed, effective July 1, 2030.
Source: L. 2022: Entire section added, (SB 22-239), ch. 411, p. 2908, § 2, effective August 10. L. 2025: (1)(b) repealed, (SB 25-248), ch. 123, p. 488, § 2, effective April 25.
PART 14
NEGOTIATION OF CONSULTANTS' CONTRACTS
24-30-1401. Legislative declaration. The purpose of this part 14 is to provide managerial control by the state over competitive negotiations for the acquisition of the professional services provided by architects, industrial hygienists, engineers, landscape architects, and land surveyors. It is hereby declared to be the policy of this state to publicly announce requirements for such professional services, to encourage all qualified persons to put themselves in a position to be considered for a contract, and to negotiate contracts for such professional services on the basis of demonstrated competence and qualification for the types of professional services required and on the basis of the furnishing of such professional services at fair and reasonable fees.
Source: L. 79: Entire part added, p. 890, § 1, effective July 1. L. 97: Entire section amended, p. 108, § 2, effective March 24.
24-30-1402. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Certified industrial hygienist means an individual that is certified by the American board of industrial hygiene or its successor.
(1.5) Continuing contract means a contract for professional services entered into pursuant to this part 14 between a state agency or state institution of higher education and a person, whereby the person provides professional services to the state agency or state institution of higher education for work of a specified nature as outlined in the contract required by the state agency or state institution of higher education with no specific time limitation. Any such contract shall provide a termination clause.
(2) Department means the department of personnel.
(2.2) Industrial hygienist means an individual who has obtained a baccalaureate or graduate degree in industrial hygiene, biology, chemistry, engineering, physics, or a closely related physical or biological science from an accredited college or university. The special studies and training of such individual shall be sufficient in the cognate sciences to provide the ability and competency to:
(a) Anticipate and recognize the environmental factors and stresses associated with work and work operations and to understand their effects on individuals and their well-being;
(b) Evaluate on the basis of training and experience and with the aid of quantitative measurement techniques the magnitude of such environmental factors and stresses in terms of their ability to impair human health and well-being;
(c) (I) Prescribe methods to prevent, eliminate, control, or reduce such factors and stresses and their effects.
(II) Any individual who has practiced within the scope of the meaning of industrial hygiene for a period of not less than five years immediately prior to July 1, 1997, is exempt from the degree requirements set forth in this subsection (2.2).
(III) Any individual who has a two-year associate of applied science degree in environmental science from an accredited college or university and in addition not less than four years practice immediately prior to July 1, 1997, within the scope of the meaning of industrial hygiene is exempt from the degree requirements set forth in this subsection (2.2).
(3) Person means an individual, a corporation, a limited liability company, a partnership, a business trust, an association, a firm, or any other legal entity.
(3.5) Practice of industrial hygiene means the performance of professional services, including but not limited to consulting, investigating, sampling, or testing in connection with the anticipation, recognition, evaluation, and control of those environmental factors or stresses arising in or from the workplace that may cause sickness, impaired health, or significant discomfort to workers or the public. Practice of industrial hygiene includes but is not limited to the identification, sampling, and testing of chemical, physical, biological, and ergonomic stresses and the development of physical, administrative, personal protective equipment, and training methods to prevent, eliminate, control, or reduce such factors and stresses and their effects. The term does not include the practice of architecture, as defined in section 12-120-402 (5), or the practice of engineering, as defined in section 12-120-202 (6).
(4) Practice of landscape architecture means the performance of professional services such as consultation, investigation, reconnaissance, research, planning, design, or responsible supervision in connection with the development of land areas or land use, where and to the extent that the dominant purpose of any such service is the preservation and development of existing and proposed land features, ground surface, planting, naturalistic features, and esthetic values. Practice of landscape architecture includes the design, location, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this subsection (4), but the term does not include the making of land surveys or final engineered plats for official recording, integration of design of structures of earth, or other construction materials.
(5) Principal representative means the governing board of a state agency or state institution of higher education or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly.
(6) Professional services means those services within the scope of the following:
(a) The practice of architecture, as defined in section 12-120-402 (5);
(b) The practice of engineering, as defined in section 12-120-202 (6);
(c) The practice of professional land surveying, as defined in section 12-120-302 (5);
(d) The practice of landscape architecture, as defined in subsection (4) of this section;
(e) The practice of industrial hygiene, as defined in subsection (3.5) of this section.
(7) State agency has the same meaning as set forth in section 24-30-1301 (17).
(8) State institution of higher education has the same meaning as set forth in section 24-30-1301 (18).
Source: L. 79: Entire part added, p. 890, § 1, effective July 1. L. 85: (6)(b) amended, p. 484, § 3, effective May 24. L. 90: (3) amended, p. 447, § 11, effective April 18. L. 95: (2) amended, p. 650, § 57, effective July 1. L. 97: Entire section amended, p. 109, § 3, effective March 24. L. 2006: (3.5) and (6)(a) amended, p. 762, § 21, effective July 1. L. 2014: (1.5), (5), and (7) amended and (8) added, (HB 14-1387), ch. 378, p. 1838, § 37, effective June 6. L. 2019: (3.5), (6)(a), (6)(b), and (6)(c) amended, (HB 19-1172), ch. 136, p. 1687, § 126, effective October 1.
Editor's note: Subsection (2.2) was originally enacted as (1.2) by Senate Bill 97-119 but has been renumbered on revision in 2001 for ease of location.
Cross references: For the legislative declaration contained in the 1995 act amending subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1403. Professional services - listings - preliminary selections. (1) Any person desiring to provide professional services to a state agency or a state institution of higher education shall annually submit to the office of the state architect a statement of qualifications and performance data and such other information as may be required by the office. The office may request such person to update such statement before the anniversary date in order to reflect changed conditions in the status of such person.
(2) (a) For each proposed project for which professional services are required and where the fee for such professional services is estimated to equal or exceed twenty-five thousand dollars, the principal representative of the state agency or state institution of higher education for which the project is to be done shall evaluate current statements of qualifications and performance data on file with the office of the state architect and shall conduct discussions with no less than three persons regarding their qualifications, approaches to the project, abilities to furnish the required professional services, anticipated design concepts, and use of alternative methods of approach for furnishing the required professional services. The principal representative shall then select, in order of preference, no less than three persons ranked in order and deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time and budget requirements, location, current and projected work loads, the volume of work previously awarded to the person by the state agency or state institution of higher education, and the extent to which said persons have and will involve minority subcontractors, with the object of effecting an equitable distribution of contracts among qualified persons as long as such distribution does not violate the principle of selection of the most highly qualified person. In selection pursuant to this section, Colorado firms shall be given preference when qualifications appear to be equal. All selections are subject to approval by the principal representative, and all contracts between the principal representative and such selected professionals shall be consistent with appropriation and legislative intent.
(b) The requirements of paragraph (a) of this subsection (2) shall not apply to the state board of land commissioners, established in article 1 of title 36, C.R.S., in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, C.R.S., or the commercial real property operating fund created in section 36-1-153.7, C.R.S.
Source: L. 79: Entire part added, p. 891, § 1, effective July 1. L. 90: (2) amended, p. 1190, § 7, effective April 18. L. 2009: (2) amended, (SB 09-022), ch. 246, p. 1111, § 5, effective May 14. L. 2013: (2)(b) amended, (HB 13-1274), ch. 376, p. 2217, § 7, effective June 5. L. 2014: (1) and (2)(a) amended, (HB 14-1387), ch. 378, p. 1838, § 38, effective June 6. L. 2015: (1) and (2)(a) amended, (SB 15-270), ch. 296, p. 1218, § 17, effective June 5.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1404. Contracts - definition. (1) The principal representative shall negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative determines in writing to be fair and reasonable. In making such decision, the principal representative shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal representative shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation to be paid by the state agency or state institution of higher education for the professional services are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the principal representative determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.
(2) If the principal representative is unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative shall then undertake negotiations with the second most qualified person. If the principal representative fails to negotiate a contract with the second most qualified person, the principal representative shall formally terminate such negotiations. The principal representative shall then undertake negotiations with the third most qualified person.
(3) Upon completion of negotiations with the third most qualified person, the principal representative shall be allowed to enter into renegotiations with any or all of the three most qualified persons to arrive at a satisfactory contractual arrangement, if possible. The principal representative shall have the authority to reject all bids and restructure or redesign the proposed project.
(4) Each contract for professional services entered into by the principal representative shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, or professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract.
(5) Upon any violation of this section, the principal representative shall have the right to terminate the contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.
(6) Nothing in this part 14 shall be construed to prohibit continuing contracts between state agencies or state institutions of higher education and persons providing professional services. All selections, contracts, and negotiations undertaken pursuant to this part 14 and all processes and procedures in connection with such matters shall be in conformity with this part 14.
(7) (a) Except as provided in subsections (7)(b), (7)(c), (7)(e), and (7)(f) of this section, any professional services contract entered into pursuant to this part 14 must be executed and encumbered within six months after the date on which the appropriation that includes the project for which the professional services are required becomes law or on or before November 1 of the state fiscal year for which the appropriation that includes the project for which the professional services are required is authorized, whichever is later. If no professional services contract is required for a particular project, the contract with the contractor for the project must be entered into within six months after the appropriation or on or before November 1 of the state fiscal year for which the appropriation is authorized, whichever is later. If a state agency or state institution of higher education determines that the nature of a particular project is such that the deadlines imposed by this section cannot be met, the state agency or state institution of higher education may request the capital development committee to recommend to the controller that the deadline be extended for that project; except that for fee title acquisitions by the division of parks and wildlife in the department of natural resources, the deadline may be waived. The controller, in consultation with the capital development committee, may grant an extension of the deadlines or a waiver, if applicable. An extension that is recommended or granted pursuant to this subsection (7)(a) shall not exceed six months.
(b) (I) This subsection (7) does not affect any priority established pursuant to section 44-40-111 (11) in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction.
(II) For projects funded with net lottery proceeds, any professional services contract must be executed and encumbered and any contract with the contractor must be entered into within six months of when an agency receives a distribution from such proceeds for a particular project.
(c) This subsection (7) does not apply to:
(I) Maintenance, repair, and improvement projects included in the capital construction section of the general appropriation act or in any supplemental appropriation act for the division of parks and wildlife in the department of natural resources;
(II) The acquisition of any easement by the division of parks and wildlife in the department of natural resources;
(III) Grants for off-highway vehicle trail purposes made pursuant to section 33-14.5-106, C.R.S.;
(IV) Projects included in the capital construction section of the general appropriation act for the hazardous materials and waste management division in the department of public health and environment, or in any supplemental appropriation act, which projects are listed as remediation pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or natural resource damage repair, replacement, or restoration.
(V) Projects under the supervision of the department of transportation;
(VI) A capital construction project at a state institution of higher education that is to be constructed solely with cash funds held by the institution, federal funds made available for the project, or a combination of both;
(VII) The state board of land commissioners, established in article 1 of title 36, in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, or the commercial real property operating fund created in section 36-1-153.7; or
(VIII) Information technology projects that are overseen by the joint technology committee pursuant to part 17 of article 3 of title 2. As used in this subsection (7)(c)(VIII), information technology has the same meaning as set forth in section 2-3-1701 (7).
(d) The provisions of this subsection (7) shall not be construed to limit the authority of any state agency or state institution of higher education to amend a contract in order to provide for technical corrections, provision of unanticipated work, extensions of performance periods, or other modifications which are necessary to secure satisfactory completion of the work and provision of goods and services within the scope of the original contract.
(e) In the event that the governor restricts or delays the expenditure of money for a project for which a professional services contract is required pursuant to the authority granted to the governor in section 24-75-201.5 (2), the deadlines imposed in subsection (7)(a) of this section for the projects are tolled until such time as the restriction or delay is no longer in effect, at which time the professional services contract must be executed and encumbered and any contract with the contractor must be entered into within six months.
(f) In the event that an appropriation is made to a state agency or state institution of higher education for allocation to other state agencies or state institutions of higher education, the deadline to execute and encumber a contract by the agency or institution receiving the allocation is six months from the date of the allocation by the agency or institution that received the original appropriation. Nothing in this subsection (7)(f) is construed to extend the duration of any appropriation.
(g) and (h) Repealed.
Source: L. 79: Entire part added, p. 892, § 1, effective July 1. L. 81: (3) R&RE, p. 1165, § 1, effective January 1, 1982. L. 84: (4) amended, p. 1121, § 23, effective June 7. L. 89: (7) added, p. 1027, § 3, effective April 27. L. 90: (7) amended, p. 1192, § 1, effective April 12. L. 91: (7)(a) amended and (7)(e) added, p. 804, § 1, effective July 1; (7)(a) amended, p. 1059, § 18, effective July 1. L. 95: (7)(a) amended and (7)(f) added, p. 164, § 1, effective April 7. L. 2007: (7)(a) and (7)(c) amended, p. 494, § 1, effective August 3. L. 2008: (7)(c)(II) amended and (7)(c)(IV) added, p. 176, § 14, effective March 24; (7)(a) amended and (7)(g) added, p. 261, § 82, effective March 31. L. 2009: (7)(g) amended, (SB 09-096), ch. 60, p. 217, § 1, effective March 25; (7)(g) amended, (SB 09-022), ch. 246, p. 1112, § 6, effective May 14. L. 2010: (7)(c)(IV) amended, (HB 10-1422), ch. 419, p. 2083, § 62, effective August 11. L. 2012: (7)(g)(I) amended, (HB 12-1081), ch. 210, p. 903, § 5, effective August 8. L. 2013: (7)(g)(II) amended, (HB 13-1274), ch. 376, p. 2217, § 8, effective June 5. L. 2014: (1), (6), (7)(a), (7)(d), (7)(f), and (7)(g)(I) amended, (HB 14-1387), ch. 378, p. 1839, § 39, effective June 6. L. 2016: (7)(a) amended and (7)(h) added, (HB 16-1043), ch. 29, p. 66, § 1, effective August 10. L. 2018: (7)(a) amended, (HB 18-1027), ch. 31, p. 364, § 12, effective October 1. L. 2022: (7)(h) amended, (SB 22-113), ch. 463, p. 3294, § 8, effective August 10. L. 2025: (7)(a), (7)(b), IP(7)(c), (7)(e), and (7)(f) amended, (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) added, and (7)(g) and (7)(h) repealed, (HB 25-1313), ch. 405, p. 2311, § 5, effective August 6. L. 2025, 1st Ex. Sess.: (7)(e) amended, (SB 25B-001), ch. 11, p. 70, § 3, effective August 28.
Editor's note: (1) Amendments to subsection (7)(a) by Senate Bill 91-17 and House Bill 91-1198 were harmonized.
(2) Amendments to subsection (7)(g) by Senate Bill 09-022 and Senate Bill 09-096 were harmonized.
(3) Section 4 of chapter 11 (SB 25B-001), Session Laws of Colorado 2025, First Extraordinary Session, provides that the act changing this section applies to revenue estimates and interim revenue estimates presented, and executive orders issued, on or after August 28, 2025.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1405. Public notice. When professional services are required to be contracted for, public notice shall be given by the state agency or state institution of higher education if the basic construction cost of the project is estimated by the state agency or state institution of higher education to be more than one million dollars or if the fee for professional services is estimated to exceed one hundred thousand dollars. The public notice shall be given at least fifteen days prior to the selection of the three or more most highly qualified persons by the principal representative pursuant to section 24-30-1403 (2), and, except for projects under the supervision of the department of transportation, the public notice shall be given no later than eight weeks after the date on which the appropriation for the project becomes law. The public notice shall be given by publication at least once in one or more daily newspapers of general circulation in this state or in an electronic medium approved by the executive director of the department of personnel. The public notice shall contain a general description of the proposed project and shall indicate the procedure by which interested persons may apply for consideration for the contract.
Source: L. 79: Entire part added, p. 893, § 1, effective July 1. L. 89: Entire section amended, p. 1026, § 2, effective April 27. L. 91: Entire section amended, p. 814, § 1, effective July 1; entire section amended, p. 1060, § 19, effective July 1. L. 97: Entire section amended, p. 962, § 1, effective May 21. L. 2009: Entire section amended, (SB 09-290), ch. 374, p. 2040, § 5, effective August 5. L. 2010: Entire section amended, (HB 10-1181), ch. 351, p. 1622, § 8, effective June 7. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1840, § 40, effective June 6.
Editor's note: Amendments to this section by Senate Bill 91-28 and House Bill 91-1198 were harmonized.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1406. Criminal liability. (1) Any person, other than a bona fide employee working solely for a person providing professional services, who offers, agrees, or contracts to solicit or secure for any other person contracts for professional services with a state agency or state institution of higher education and who, in so doing, receives any fee, commission, gift, or other consideration contingent upon or resulting from the making of the contract commits a class 4 felony and shall be punished as provided in section 18-1.3-401.
(2) Any person providing professional services who offers to pay or does pay any fee, commission, gift, or other consideration contingent upon or resulting from the making of a contract for professional services with a state agency or state institution of higher education commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(3) Any state agency or state institution of higher education official or employee who solicits or secures or offers to solicit or secure a contract for professional services with a state agency or state institution of higher education and who is paid any fee, commission, gift, or other consideration contingent upon the making of such contract commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Source: L. 79: Entire part added, p. 893, § 1, effective July 1. L. 2002: Entire section amended, p. 1532, § 246, effective October 1. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1841, § 41, effective June 6. L. 2021: (2) and (3) amended, (SB 21-271), ch. 462, p. 3226, § 414, effective March 1, 2022. L. 2023: (1) amended, (HB 23-1293), ch. 298, p. 1796, § 63, effective October 1.
Editor's note: Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after October 1, 2023.
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1407. Prior existing design plans. Notwithstanding any other provision of this part 14 or of part 13 of this article, there shall be no public notice requirement or utilization of the selection process as provided for in this part 14 or in part 13 of this article for projects in which the state agency or state institution of higher education is able to reuse existing drawings, specifications, designs, or other documents from a prior project.
Source: L. 79: Entire part added, p. 893, § 1, effective July 1. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1841, § 42, effective June 6.
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-30-1408. Emergency contracts. In a situation for which the principal representative determines it is necessary to make emergency contracts because there exists a threat to public health, welfare, or safety under emergency conditions, there is no requirement of public notice, or of compliance with the selection process pursuant to this part 14, but the principal representative shall document, in writing, the basis for the emergency and for the selection of the particular person to provide professional services.
Source: L. 83: Entire section added, p. 897, § 1, effective May 10.
PART 15
RISK MANAGEMENT
24-30-1501. Legislative declaration. (1) The general assembly recognizes that the general liability and automobile liability insurance policies of the state of Colorado have been canceled, that no responsive bids were received, and that, as a direct result, the governor called an extraordinary session of the general assembly to address the need for a method to protect the state and its employees against claims brought under the Colorado Governmental Immunity Act, article 10 of this title, and arising under federal law. The general assembly further recognizes that the consequences of uninsured liability of the state, including failure to respond to meritorious claims in a timely fashion and greater ultimate costs of settlement caused by failure to investigate claims in an orderly and timely manner, are undesirable. The general assembly hereby declares, therefore, that the appropriate remedy is to create a reserve fund for purposes of self-insurance of the state. The general assembly declares that the purpose of this part 15 is to create a self-insurance fund, provide a mechanism for claims adjustment, investigation, and defense, and authorize the settlement and payment of claims and the payment of judgments rendered against the state. The general assembly also recognizes that no responsible bids have been received for property insurance policies for the state of Colorado and that a method for covering loss or damage to state property is needed. The general assembly hereby declares that the appropriate remedy is to create a reserve for purposes of self-insurance of the state for loss or damage to state property. The general assembly declares that its intent is to explore, on an annual basis, the availability of commercial liability insurance policies and property damage insurance policies, considering the possibility that the insurance industry can provide coverage in the future that is less expensive than the costs of operating a risk management system and paying for claims out of the risk management fund and out of the self-insured property fund.
(2) The general assembly recognizes that liability claims arising prior to September 15, 1985, exist for which no commercial insurance coverage is available. The general assembly hereby finds and declares that the risk management system will provide an appropriate remedy for such claims and that the department of personnel should be authorized to administer such claims.
(3) The general assembly also recognizes that the provision of workers' compensation insurance for state employees has become expensive. The general assembly hereby finds and declares that the administration of workers' compensation for state employees out of a separate account in the risk management fund as a self-insurance measure is an appropriate response to the high cost of workers' compensation insurance.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 1, § 1, effective September 27. L. 86, 2nd Ex. Sess.: Entire section amended, p. 63, § 1, effective August 25. L. 90: Entire section amended, p. 1194, § 1, effective May 24. L. 96: (1) and (2) amended, p. 1502, § 16, effective June 1.
24-30-1502. Definitions. As used in this part 15, unless the context otherwise requires:
(1) Board means the state claims board created in section 24-30-1508.
(2) Repealed.
(3) Executive director means the executive director of the department of personnel.
(4) Final money judgment means any judgment for monetary damages against the state after all appropriate appeals of such judgment have been exhausted.
(4.3) Liability protection means professional liability protection for damages from any negligent professional act, error, or omission on the part of the members of the board of supervisors of each local conservation district.
(4.5) Property means both real property as defined in section 39-1-102 (14) and personal property as defined in section 39-1-102 (11). For purposes of the self-insured property fund, personal property means personal property owned by the state of Colorado or personal property leased by the state of Colorado for which the state is required to provide insurance under the terms of a lease, financed purchase of an asset, or certificate of participation agreement. For purposes of the self-insured property fund, personal property does not include aircraft owned by the state of Colorado or vehicles licensed for use on highways or roads. For purposes of the self-insured property fund, real property means buildings owned by the state of Colorado or buildings leased by the state of Colorado for which the state is required to provide insurance under the terms of a lease or financed purchase of an asset agreement, or certificate of participation.
(5) (a) State agency means any principal department of the state, any state agency, institution, or hospital, any board, commission, advisory board, or other entity established by law within or as an advisory to any existing state department, institution, or agency, and any state-supported institution of higher education or other instrumentality thereof, except as provided in paragraph (b) of this subsection (5) and in section 24-30-1517 (2), and the legislative and judicial departments of the state. The term also includes the Colorado state fair authority created pursuant to section 35-65-401, C.R.S., and any conservation district organized and certified pursuant to article 70 of title 35, C.R.S.; except that, in the case of conservation districts, such inclusion under the risk management fund is only for the purpose of liability protection as defined in subsection (4.3) of this section.
(b) The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., by formal action of the governing board, and the Colorado commission on higher education, by formal action of the commission, may elect to be excluded from the meaning of state agency pursuant to this subsection (5) and may obtain a risk management program independent of the program created pursuant to this part 15. Nothing in this paragraph (b) shall be construed to affect the exempt status of any institution in the university of Colorado system, including the university of Colorado at Boulder, Denver, and Colorado Springs, and the university of Colorado health sciences center, from the state risk management system pursuant to section 24-30-1517 (2), or to require the governing board of any such institution in the university of Colorado system to take formal action in order to be exempt from the definition of state agency.
(6) Workers' compensation means protection afforded to a state employee pursuant to articles 40 to 47 of title 8, C.R.S.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 4, § 1, effective September 27. L. 86: (5) amended, p. 895, § 1, effective February 27; (4.5) added, p. 891, § 1, effective April 17; (5) amended, p. 536, § 40, effective July 1, 1987. L. 86, 2nd Ex. Sess.: (4.5) amended, p. 64, § 2, effective August 25. L. 87: (5) amended, p. 979, § 2, effective July 1; (4.3) added, p. 979, § 1, effective July 10. L. 90: (6) added, p. 1195, § 2, effective May 24. L. 91: (5) amended, p. 1913, § 25, effective June 1. L. 95: (3) amended, p. 650, § 58, effective July 1. L. 96: (2) repealed, p. 1503, § 17, effective June 1. L. 2000: (5) amended, p. 284, § 2, effective July 1. L. 2002: (4.3) and (5) amended, p. 516, § 10, effective July 1. L. 2004: (5) amended, p. 602, § 2, effective July 1. L. 2012: (5)(b) amended, (HB 12-1081), ch. 210, p. 903, § 6, effective August 8. L. 2021: (4.5) amended, (HB 21-1316), ch. 325, p. 2025, § 34, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending subsection (3), see section 112 of chapter 167, Session Laws of Colorado 1995.
24-30-1503. Risk management system. (1) Pursuant to section 13 of article XII of the state constitution, the executive director of the department of personnel shall appoint such personnel as may be necessary for the efficient operation of the risk management system.
(2) The powers, duties, and functions of the department of personnel include the powers, duties, and functions concerning risk management, specified by this part 15.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 4, § 1, effective September 27. L. 95: Entire section amended, p. 650, § 59, effective July 1. L. 96: Entire section amended, p. 1503, § 18, effective June 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3420, § 196, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-30-1503.5. Risk management system - independent program. (1) If an institution of higher education, the Auraria higher education center established in article 70 of title 23, C.R.S., or the Colorado commission on higher education elects to be excluded from the meaning of state agency and to obtain an independent risk management program pursuant to section 24-30-1502 (5)(b), such institution, center, or commission shall conduct an analysis of the institution's, center's, or commission's ability to provide workers' compensation and the estimated property and liability losses, insurance costs, and administrative costs of risk management that the institution, center, or commission will incur by implementing an independent program.
(2) Before any institution of higher education, the Auraria higher education center established in article 70 of title 23, C.R.S., or the Colorado commission on higher education implements an independent risk management program, the institution, center, or commission, as applicable, shall submit a written report detailing the findings of the analysis conducted pursuant to subsection (1) of this section to the president of the senate, the speaker of the house of representatives, the majority and minority leaders of the senate and the house of representatives, the members of the joint budget committee, the members of the business affairs and labor committee in the house of representatives, or any successor committee, and the members of the business, labor, and technology committee in the senate, or any successor committee.
(3) In the event that an institution of higher education, the Auraria higher education center established in article 70 of title 23, C.R.S., or the Colorado commission on higher education implements an independent risk management program, the institution, center, or commission shall conduct the analysis and submit the report required pursuant to this section within the existing resources of the institution, center, or commission, as applicable.
Source: L. 2004: Entire section added, p. 603, § 3, effective July 1. L. 2007: (2) amended, p. 2034, § 50, effective June 1. L. 2012: Entire section amended, (HB 12-1081), ch. 210, p. 904, § 7, effective August 8.
24-30-1504. Powers and duties of the department. (1) The department of personnel shall have the following powers and duties:
(a) To coordinate and administer a comprehensive risk management program that serves all state agencies;
(b) To administer, supervise, and manage the investigation and adjustment of claims brought against the state;
(c) To administer, supervise, and manage the legal defense of claims brought against the state;
(d) To recommend to the executive director those persons or parties who may contract with the state to provide claims investigation, claims adjustment, support services, or legal services;
(e) To assist and supervise any parties who have contracted with the state to provide claims investigation, claims adjustment, support services, or legal services pursuant to this part 15;
(f) To develop and administer a system that identifies the property and liability losses, insurance costs, and administrative costs of risk management incurred by each state agency;
(g) To establish and administer a program to reduce property and liability losses incurred by each state agency;
(h) To establish and administer a program of inspection of state property;
(i) To investigate and to direct or deny payment for claims for loss or damage to state property;
(j) To establish and administer a program for the payment or denial of liability claims arising prior to September 15, 1985, for which no commercial liability insurance exists;
(k) To establish and administer a workers' compensation self-insurance program for state employees or to procure commercial workers' compensation insurance therefor;
(l) To establish and administer a pilot program beginning July 1, 1999, for the purpose of developing a statewide database and uniform reporting system to track employment claims brought against state agencies and the losses incurred as a result of such claims. The pilot program shall include:
(I) A minimum of three agencies selected by the department of personnel, including at least one institution of higher education and one department of the executive branch other than the department of higher education; and
(II) Repealed.
(m) On and after July 1, 2001, to establish and administer a statewide database and uniform reporting system to track employment claims brought against state agencies and the losses incurred as a result of such claims, except as excluded pursuant to sections 24-30-1502 (5)(b) and 24-30-1517 (2).
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 4, § 1, effective September 27. L. 86: (1)(d) amended, p. 891, § 2, effective April 17. L. 86, 2nd Ex. Sess.: (1)(i) amended, p. 64, § 3, effective August 25. L. 90: (1)(j) and (1)(k) added, p. 1195, § 3, effective May 24. L. 96: IP(1) amended, p. 1504, § 19, effective June 1. L. 99: (1)(l) and (1)(m) added, p. 29, § 1, effective March 10. L. 2002: (1)(l)(II) repealed, p. 882, § 21, effective August 7. L. 2004: (1)(m) amended, p. 604, § 4, effective July 1.
24-30-1505. Powers of the executive director. (1) In order to perform the powers and duties set forth in this part 15, the executive director shall exercise the following powers:
(a) Supervise the development and administration of the following risk management programs:
(I) A comprehensive risk management program;
(II) A program identifying property and liability losses, insurance costs, and administrative costs of risk management incurred by each state agency;
(III) A program to reduce property and liability losses incurred by each state agency;
(IV) A program of inspection of state property;
(V) The pilot program described in section 24-30-1504 (1)(l) and the statewide database and uniform tracking system described in section 24-30-1504 (1)(m) for the purpose of tracking employment claims brought against state agencies and the losses incurred as a result of such claims, except as excluded pursuant to sections 24-30-1502 (5)(b) and 24-30-1517 (2). In developing and administering such programs, the executive director may:
(A) Adopt rules that define relevant terms including, but not limited to, claims and losses; and
(B) Require state agencies, including institutions of higher education, to submit such information as is necessary to implement the programs.
(b) Manage the investigation and adjustment of claims brought against the state;
(c) Manage the legal defense of claims brought against the state;
(d) Supervise any parties who have contracted with the state to provide claims investigation, claims adjustment, support services, or legal services pursuant to this part 15;
(e) Identify and evaluate the exposure of state agencies to claims for property and liability losses;
(f) Repealed.
(g) Assist state agencies to develop and use proper insurance and indemnity clauses in state contracts;
(h) Manage the investigation and adjustment of claims for loss or damage to state property;
(i) Investigate and direct or deny payment of liability claims arising prior to September 15, 1985, for which no commercial liability insurance exists;
(j) Manage the workers' compensation self-insurance program for state employees or the procurement of commercial workers' compensation insurance therefor.
(2) The executive director shall determine the need, if any, for procuring commercial insurance to protect the state against liability and the specifications for such insurance. The acquisition of any insurance shall be pursuant to the state Procurement Code, articles 101 to 112 of this title 24. In the event that no responsible responses to an invitation for bids are received, the executive director may negotiate with any agent, broker, or insurance company to secure the required coverage or necessary coverage. Such negotiated policy or policies shall be subject to the approval of the board.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 5, § 1, effective September 27. L. 86: (1)(f) repealed and (2) added, pp. 894, 891, §§ 10, 3, effective April 17. L. 86, 2nd Ex. Sess.: (1)(h) added, p. 64, § 4, effective August 25. L. 90: (1)(i) and (1)(j) added, p. 1195, § 4, effective May 24. L. 96: IP(1), (1)(a), and (2) amended, pp. 1504, 1520, §§ 20, 58, effective June 1. L. 99: (1)(a)(V) added, p. 30, § 2, effective March 10. L. 2004: IP(1)(a)(V) amended, p. 604, § 5, effective July 1. L. 2017: (2) amended, (HB 17-1051), ch. 99, p. 350, § 65, effective August 9.
24-30-1506. Claims investigation, claims adjustment, and support services. The executive director shall provide services for the investigation and adjustment of claims brought against the state or of any incident or occurrence likely to result in a claim against the state or of claims of state agencies for loss or damage to state property and for support services necessary for the processing of such claims. The executive director may purchase services for the investigation of claims, incidents, or occurrences, claims adjustment, and support services from any private agency, organization, or company recommended by the division.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 5, § 1, effective September 27. L. 86: Entire section amended, p. 892, § 4, effective April 17. L. 86, 2nd Ex. Sess.: Entire section amended, p. 64, § 5, effective August 25.
24-30-1507. Legal services. The executive director shall provide legal services for the defense of claims brought against the state and may in his or her discretion employ legal counsel to coordinate, direct, supervise, or otherwise aid in the investigation of any incident or occurrence likely to result in a claim against the state. The executive director may provide for those legal services through the state attorney general's office or, with the concurrence of the state attorney general, may purchase such legal services from any private law firm or attorney.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 5, § 1, effective September 27. L. 86: Entire section amended, p. 892, § 5, effective April 17. L. 96: Entire section amended, p. 1520, § 59, effective June 1.
24-30-1508. State claims board - creation. (1) There is hereby created the state claims board which shall consist of the executive director, the state treasurer, and the attorney general. The board may request the assistance of the commissioner of insurance on such occasions as it deems necessary.
(2) The state claims board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of personnel.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 5, § 1, effective September 27. L. 95: (2) amended, p. 651, § 60, effective July 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3420, § 197, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-30-1509. Powers and duties of the board. (1) The board shall have the following powers and duties:
(a) To oversee the management of the risk management fund created in section 24-30-1510;
(b) To compromise or settle claims on behalf of the state in the amounts authorized in section 24-30-1515 (2)(a)(V) and pursuant to the procedures set forth in section 24-30-1515;
(c) To adopt rules to govern its own organization and proceedings;
(d) To determine whether to recommend to the general assembly that the general assembly, by bill, authorize all or any portion of an additional payment to a claimant in accordance with the provisions of section 24-10-114 (5)(b).
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 6, § 1, effective September 27. L. 92: (1)(b) amended, p. 1083, § 2, effective July 1. L. 2012: (1)(d) added, (HB 12-1361), ch. 242, p. 1146, § 4, effective June 4.
24-30-1510. Risk management fund - creation - authorized and unauthorized payments. (1) (a) There is hereby created in the state treasury a fund to be known as the risk management fund, which shall consist of all moneys that may be appropriated thereto by the general assembly or that may be otherwise made available to it by the general assembly. Moneys otherwise made available shall be deemed to include transfers of moneys to the fund authorized in the general appropriation act. All interest earned from the investment of moneys in the risk management fund shall be credited to the risk management fund and become a part thereof. The moneys in the fund are hereby continuously appropriated for the purposes of the risk management fund other than the direct and indirect administrative costs of operating the risk management system. The general assembly shall make annual appropriations from the fund for the direct and indirect administrative costs of operating the risk management system that are attributable to the operation of the risk management fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(b) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct ten million ten thousand five hundred ninety-nine dollars from the risk management fund and transfer such sum to the general fund.
(2) The risk management fund shall maintain reserves for incurred but unpaid claims, including general liability and automobile liability claims. The risk management fund shall maintain reserves to provide for the contingency that the reserves set aside in the fund to meet estimated expenses are inadequate to cover the actual expenses realized. The board after consultation with the executive director shall recommend the amount of money that is required to maintain adequate reserves. Adequate reserves shall be maintained in the risk management fund subject to available appropriations made by the general assembly in its discretion.
(3) Expenditures out of the risk management fund must be made in accordance with subsection (1) of this section and only for the following purposes:
(a) To pay liability claims and expenses related thereto, brought against the state, its officials, or its employees pursuant to the Colorado Governmental Immunity Act, article 10 of this title; claims against the state, its officials, or its employees arising under federal law, which the state is legally obligated to pay and which are compromised or settled pursuant to section 24-30-1515 or in which a final money judgment against the state has been entered; or claims for compensatory damages against the state, its officials, or its employees pursuant to section 24-34-405;
(b) To pay the administrative costs of operating the risk management system and the costs of purchasing services pursuant to sections 24-30-1506, 24-30-1507, and 24-30-1513;
(c) To procure and pay premiums for one or more policies of insurance purchased pursuant to this part 15 to protect against all or any portion of the potential liabilities of the state of Colorado or of any state agency or its officers and employees;
(d) To pay any deductible or self-insured retention contained in any insurance policy purchased by or at the direction of the executive director;
(e) To pay liability claims and expenses related thereto when a state agency has contracted to defend and hold harmless the owner of property leased to the state agency for a state purpose if such contract limits the state's obligation to claims arising from alleged negligent acts or omissions of the state agency and of its public employees which occurred or are alleged to have occurred during the performance of their duties and within the scope of their employment, except where such acts or omissions are willful and wanton. Such claims shall be subject to the limitations of the Colorado Governmental Immunity Act, article 10 of this title. No such contract shall be valid unless approved in writing by the executive director and meets the requirements of this paragraph (e).
(f) To make payments in accordance with section 24-30-1510.7;
(g) To fund an employee assistance program established and operated by the executive director pursuant to section 24-50-604 (1)(k);
(h) To pay the defense of liability claims and expenses related thereto, brought against an expert witness or consultant who has statutory immunity from civil suit and who has been retained by a board or commission within the department of regulatory agencies, to render expert testimony or expert opinion or provide consultative advice, in connection with a prospective or pending disciplinary action, and who does render expert testimony or expert opinion, or provide consultative advice, to a board or commission within the department of regulatory agencies in good faith and within the scope of his or her expertise;
(i) To pay liability claims and expenses incurred pursuant to section 24-82-1005 (2).
(4) Moneys in the risk management fund shall not be used to pay any of the following:
(a) Claims brought pursuant to the Colorado Governmental Immunity Act, article 10 of this title, for which governmental immunity has not been waived pursuant to section 24-10-106;
(b) Claims which are actionable in contract except for claims relating to employment contracts and except for claims arising pursuant to paragraph (e) of subsection (3) of this section;
(c) Claims for liabilities or losses which are covered under commercial insurance policies purchased by the state;
(d) Expenses for complying with successful claims for injunctive relief;
(e) Any other claim or expense not set forth in subsection (3) of this section.
(5) As of July 1, 2000, Pinnacol Assurance created pursuant to section 8-45-101, C.R.S., is no longer included within, or part of, the risk management fund created pursuant to this section and the department of personnel assumes no responsibility and bears no financial obligation for the defense of, or liability for, any claims or lawsuits asserted against Pinnacol Assurance.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 6, § 1, effective September 27. L. 86: (2), (3)(a), and (3)(b) amended and (3)(c) and (3)(d) added, p. 892, § 6, effective April 17. L. 86, 2nd Ex. Sess.: (1) and (3)(c) amended, p. 65, § 6, effective August 25. L. 88: (3)(e) added and (4)(b) amended, p. 914, §§ 1, 2, effective April 20. L. 90: (3)(f) added, p. 1196, § 5, effective May 24. L. 96: (1), (2), (3)(b), (3)(d), and (3)(e) amended, pp. 1504, 1520, §§ 21, 60, effective June 1. L. 2000: (5) added, p. 285, § 3, effective July 1. L. 2002: (3)(g) added, p. 765, § 2, effective May 30; (5) amended, p. 1892, § 54, effective July 1. L. 2004: (3)(i) added, p. 1056, § 2, effective May 21; (3)(h) added, p. 620, § 1, effective July 1. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1927, § 8, effective June 1. L. 2013: (3)(a) amended, (HB 13-1136), ch. 168, p. 554, § 2, effective August 7. L. 2020: IP(3) and (3)(f) amended, (SB 20-136), ch. 70, p. 293, § 39, effective September 14.
Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
24-30-1510.3. Risk management fund - state employee workers' compensation account - assessment of risks to institutions of higher education. In determining the amount of risk assessed to institutions of higher education for purposes of making recommendations to the joint budget committee on the amount of appropriations necessary to reflect the risks attributable to institutions of higher education for the risk management fund and for the state employee workers' compensation account in the risk management fund, the executive director shall base such assessments and recommendations on actuarially sound analyses that appropriately and fairly reflect the accurate risks and claim experience attributable to institutions of higher education.
Source: L. 95: Entire section added, p. 108, § 1, effective March 30. L. 96: Entire section amended, p. 1521, § 61, effective June 1.
24-30-1510.5. Self-insured property fund - creation - authorized and unauthorized payments - executive director authorized to make payments. (1) (a) There is hereby created in the state treasury a fund to be known as the self-insured property fund, which shall consist of all moneys that may be appropriated thereto by the general assembly or which may be otherwise made available to it by the general assembly. Moneys otherwise made available shall be deemed to include transfers of moneys to the fund authorized in the general appropriation act. All interest earned from the investment of moneys in the self-insured property fund shall be credited to the self-insured property fund and become a part thereof. The moneys in the fund are hereby continuously appropriated for the purposes of the self-insured property fund other than the direct and indirect administrative costs of operating the risk management system. The general assembly shall make annual appropriations from the fund for the direct and indirect administrative costs of operating the risk management system that are attributable to the operation of the self-insured property fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(b) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct one million two hundred ninety-five thousand fifty-five dollars from the self-insured property fund and transfer such sum to the general fund.
(2) The self-insured property fund shall maintain reserves for incurred but unpaid loss or damage claims to state property. The self-insured property fund shall maintain reserves to provide for the contingency that the reserves set aside in the fund to meet estimated expenses are inadequate to cover the actual expenses realized. The executive director shall recommend the amount of money that is required to maintain adequate reserves. Adequate reserves shall be maintained in the self-insured property fund subject to available appropriations made by the general assembly in its discretion.
(3) Expenditures shall be made out of the self-insured property fund in accordance with subsection (1) of this section only for the following purposes:
(a) To pay claims for loss or damage to state property subject to the following conditions:
(I) Claims for loss or damage to real property shall be based on replacement cost;
(II) Claims for loss or damage to personal property shall be based on actual cash value;
(III) The loss or damage to property on which the claim is based shall have been caused by one or more of the hazards covered under the self-insured property fund as set forth in subsection (5) of this section;
(IV) The principal state department shall pay a five-thousand-dollar deductible for each occurrence;
(b) To procure and pay premiums for one or more policies of insurance purchased pursuant to this part 15 to protect against loss or damage to state property;
(c) To pay the administrative costs of operating the risk management system.
(4) Moneys in the self-insured property fund shall not be used to pay the following:
(a) Claims for loss or damage to state property which are specifically insured by a commercial insurance policy;
(b) Claims for extra expense and normal wear and tear.
(5) The self-insured property fund shall provide self-insurance for loss or damage to state property due to the following hazards:
(a) Fire and lightning; except that coverage shall not be provided if the state agency does not report such incident or occurrence to the appropriate fire department;
(b) Windstorm and hail;
(c) Debris removal in connection with a hazard that is covered under the self-insured property fund;
(d) Explosion;
(e) Sudden and accidental damage from smoke;
(f) Vandalism and malicious mischief;
(g) Theft of state-owned property; except that coverage shall not be provided if the state agency does not report such theft to the appropriate law enforcement agency;
(h) Damage from the weight of ice or snow; except that outdoor equipment, awnings, fences, pavements, patios, swimming pools, wharves, and docks are not covered;
(i) Flood;
(j) Earthquake;
(k) Business interruption if the state is obligated under the terms of a lease or bond issue to continue making payments on the state property after the loss or damage has occurred and if the business interruption is caused by a hazard that is covered under the self-insured property fund;
(l) Any other hazard that the executive director determines pursuant to rule and regulation is appropriate for inclusion under the self-insured property fund.
(6) The executive director or a designee of the executive director is authorized to pay property claims of a state agency subject to available funds in the self-insured property fund and subject to the limitations in this section. The executive director or a designee of the executive director is authorized to provide for the repair and replacement of property consistent with the provisions of this part 15 and is authorized to provide for the payment of the costs of such repair and replacement out of the self-insured property fund. Disbursements from the self-insured property fund for claims of state agencies for loss or damage to property shall be paid by the state treasurer upon warrants drawn in accordance with the law upon vouchers issued by the department of personnel.
(7) Repealed.
Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 65, § 7, effective August 25. L. 88: (7) repealed, p. 914, § 3, effective April 20. L. 96: (1), (2), (3)(c), (5)(l), and (6) amended, pp. 1505, 1521, §§ 22, 62, effective June 1. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1927, § 9, effective June 1. L. 2010: (3)(a)(IV) amended, (HB 10-1181), ch. 351, p. 1622, § 9, effective June 7.
24-30-1510.6. Claims arising prior to September 15, 1985. (Repealed)
Source: L. 90: Entire section added, p. 1196, § 6, effective May 24.
Editor's note: Subsection (3)(b) provided for the repeal of this section, effective January 1, 1995. (See L. 90, p. 1196.)
24-30-1510.7. Workers' compensation for state employees - state employees' workers' compensation settlement agreements - definition. (1) (a) There is hereby created, as a separate account in the risk management fund, the state employee workers' compensation account, which consists of all moneys that may be appropriated thereto by the general assembly and that may be otherwise made available to it by the general assembly for the purpose of establishing a workers' compensation self-insurance program for state employees or for the procurement of commercial workers' compensation insurance in accordance with subsection (2) of this section. Moneys otherwise made available include transfers of moneys to the account authorized in the general appropriation act. The moneys in the account are continuously appropriated for the purposes of the state employee workers' compensation account other than the direct and indirect administrative costs of operating the risk management system, including legal services, litigation expenses, and third-party administrator expenses. The general assembly shall make annual appropriations from the account for the direct and indirect administrative costs of operating the risk management system, including legal services, litigation expenses, and third-party administrator expenses, that are attributable to the operation of the state employee workers' compensation account. At the end of any fiscal year, all unexpended and unencumbered moneys in the account must remain in the account and may not be credited or transferred to the general fund or any other fund. All interest earned from the investment of moneys in the account pursuant to this section must be credited to and become part of the account.
(b) (Deleted by amendment, L. 2014.)
(2) Expenditures shall be made out of the state employee workers' compensation account in the risk management fund in accordance with subsection (1) of this section only for the following purposes:
(a) To pay workers' compensation benefits to state employees in accordance with articles 40 to 47 of title 8, C.R.S., and to pay the administrative costs of operating the department of personnel in relation to the workers' compensation self-insurance program for state employees;
(b) To pay the premium for commercial workers' compensation insurance, if the state elects not to be self-insured for workers' compensation purposes.
(3) Prior to July 1, 1990, nothing in this section shall apply to the department of institutions; but this section shall apply to the department of human services beginning on July 1, 1990.
(4) Amounts which are recorded in the state employee workers' compensation account as claims, including reserves, but which are not required to be paid in the current fiscal year shall not be considered as expenditures in excess of the amount authorized by an item of appropriation for purposes of section 24-75-109.
(5) (a) (I) Notwithstanding section 8-44-105, C.R.S., if the state elects to self-insure workers' compensation claims as authorized in this section or to insure for such claims through an entity other than Pinnacol Assurance, created in section 8-45-101, C.R.S., on and after the effective date of such election, the state shall be directly and primarily liable for all liabilities due on all workers' compensation claims after such election that arise on and after the beginning date of the initial policy period in the annually renewable memorandum of agreement containing a premium payment plan in effect between the state and Pinnacol Assurance.
(II) In no event shall the department of personnel elect to self-insure for workers' compensation claims prior to the beginning of a fiscal year in which the general assembly appropriates sufficient funds for such self-insurance.
(b) (I) Funding of the liability obligations assumed by the state from Pinnacol Assurance pursuant to paragraph (a) of this subsection (5) beyond a current fiscal year is contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
(II) Nothing in this paragraph (b) shall be construed to relieve the state of any liability obligation if the state elects to self-insure or insure through an entity other than Pinnacol Assurance pursuant to paragraph (a) of this subsection (5).
(c) Notwithstanding the provisions of section 8-44-201 (1), C.R.S., if the state elects to self-insure workers' compensation claims as authorized in this section, the executive director of the department of labor and employment shall not prescribe or apply security requirements in granting or continuing permission for such state self-insurance program.
(6) When communicating with or reaching an agreement with a state employee about a workers' compensation claim, the state shall neither suggest nor require:
(a) That the state employee resign from state employment;
(b) That the state employee refrain from seeking or obtaining employment with the state in the future; or
(c) That any other restrictions be placed on the state employee's ability to work for the state.
(7) A provision of an agreement, contract, or arrangement that violates subsection (6) of this section is void and unenforceable, but all other provisions of such an agreement, contract, or arrangement remain enforceable unless otherwise prohibited by law.
(8) As used in this section, state employee means an individual who currently is or was in the past employed by the state, whether or not the individual is under the state personnel system or exempt from the state personnel system.
(9) Pursuant to the legislative intent to explore the availability of insurance policies as declared in section 24-30-1501 (1), if the state elects to self-insure workers' compensation claims, the department of personnel shall send or cause to be sent a request for interest to Pinnacol Assurance and at least five other insurance companies that provide workers' compensation insurance in Colorado; except that the department of personnel shall not send a request for interest to Pinnacol Assurance more than once every three years. The department shall send the requests for interest in accordance with this section in 2026 and at least once every three years thereafter. Each request for interest must request the following information from each responding insurance company for the following calendar year:
(a) An estimate of the total cost to the state to purchase workers' compensation insurance;
(b) The company's ability to provide workers' compensation insurance that would cover all state employees; and
(c) A detailed description of the workers' compensation coverage that the company would provide.
(10) For each request for interest obtained pursuant to subsection (9) of this section, the department of personnel shall prepare and submit a report to the general assembly no later than December 10 of each year. Each report must specify:
(a) The name of the responding insurance company, unless the department received only one response in which case the name of the sole responding insurance company will be redacted from the report;
(b) The total cost estimated by the responding insurance company to provide workers' compensation insurance coverage to the state;
(c) Whether purchasing workers' compensation insurance from the responding insurance company would require the state to contract with a third-party administrator, and what the additional cost to the state would be, if any;
(d) A detailed description of the workers' compensation coverage that the responding insurance company would provide;
(e) The costs associated with the self-insurance selected by the state for the current calendar year, including a breakdown of that cost which must include, but is not limited to, indemnity benefits; medical benefits; costs paid to third-party administrators and an identification of those third-party administrators; actuarial costs; premiums paid for out of state insurance; each state department's costs; actual or estimated costs of litigation; and other permits, fees, payments, and expenditures related to the state's self-insurance of workers' compensation claims; and
(f) Whether the state's costs related to self-insurance of workers' compensation claims increased or decreased compared to the previous calendar year.
(11) In addition to the report requirements specified in subsection (10) of this section, the first report must specify, over the previous three years, to which insurance companies the state sent requests of interest, the total number of insurance companies that responded to the requests, and the estimated cost reported in each received response, if any.
Source: L. 90: Entire section added, p. 1196, § 6, effective May 24. L. 93: (5) added, p. 1684, § 1, effective June 6. L. 94: (3) amended, p. 2694, § 231, effective July 1. L. 96: (2)(a) and (5)(a)(II) amended, p. 1521, § 63, effective June 1. L. 97: (5)(c) added, p. 51, § 2, effective July 1. L. 2002: (5)(a)(I) and (5)(b) amended, p. 1892, § 55, effective July 1. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1928, § 10, effective June 1. L. 2014: (1) amended, (SB 14-120), ch. 90, p. 338, § 1, effective March 27. L. 2024: (6), (7), (8), (9), (10), and (11) added, (SB 24-149), ch. 482, p. 3378, § 1, effective June 7.
24-30-1511. State treasurer to invest funds. The state treasurer shall invest any portion of the risk management fund, including its reserves, which the executive director and the board determine is not needed for immediate use. The state treasurer shall invest any portion of the self-insured property fund, including its reserves, which the executive director determines is not needed for immediate use. The state treasurer shall invest any portion of the state employee workers' compensation account in the risk management fund, including its reserves, which the executive director determines is not needed for immediate use. Such moneys may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 7, § 1, effective September 27. L. 86, 2nd Ex. Sess.: Entire section amended, p. 67, § 8, effective August 25. L. 90: Entire section amended, p. 1197, § 7, effective May 24. L. 96: Entire section amended, p. 1522, § 64, effective June 1. L. 97: Entire section amended, p. 1016, § 28, effective August 6.
24-30-1511.5. State self-insurance funds - transfers - definition. (1) As used in this section, state self-insurance fund means the risk management fund created in section 24-30-1510 (1) excluding the state employee workers' compensation account; the self-insured property fund created in section 24-30-1510.5; or the state employee workers' compensation account in the risk management fund created in section 24-30-1510.7.
(2) If there is an insufficient cash balance in a state self-insurance fund for any allowable expenditure other than the direct and indirect administrative costs of operating the risk management system, then the executive director may request the state treasurer to transfer money from another state self-insurance fund's reserve balance to the fund with the deficiency. The amount of the requested transfer shall not exceed the amount of the deficiency. The state treasurer shall transfer the money between the state self-insurance funds as requested. In the next annual general appropriations act that is enacted after the transfer is made, the general assembly shall appropriate an amount equal to the transfer to the state self-insurance fund from which the money was deducted, in addition to any other amounts appropriated to the fund.
(3) The department of personnel may expend the money transferred in accordance with subsection (2) of this section for any purpose for which money in the state self-insurance fund is continuously appropriated but shall not expend any of the money for the direct and indirect administrative costs of operating the risk management system.
Source: L. 2017: Entire section added, (SB 17-175), ch. 11, p. 34, § 1, effective March 1.
24-30-1512. Risk management fund and self-insured property fund not subject to insurance laws. The setting aside of reserves for self-insurance purposes in the risk management fund created in section 24-30-1510, in the self-insured property fund created in section 24-30-1510.5, and in the state employee workers' compensation account in the risk management fund created in section 24-30-1510.7, shall not be construed to be creating an insurance company, nor shall the risk management fund or the self-insured property fund otherwise be subject to the provisions of the laws of this state regulating insurance or insurance companies. The requirements of section 10-4-624, C.R.S., concerning motor vehicle self-insurance are not applicable to this part 15.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 7, § 1, effective September 27. L. 86, 2nd Ex. Sess.: Entire section amended, p. 67, § 9, effective August 25. L. 90: Entire section amended, p. 1197, § 8, effective May 24. L. 97: Entire section amended, p. 1016, § 29, effective August 6. L. 2003: Entire section amended, p. 1572, § 9, effective July 1.
24-30-1513. State auditor - examination - report. (1) The state auditor or any person authorized by the state auditor shall conduct an examination in accordance with section 2-3-103 to determine that proper underwriting techniques, sound funding procedures, loss reserves, claims procedures, and accounting practices are being followed in the management and operation of the risk management fund, the self-insured property fund, and the state employee workers' compensation account in the risk management fund.
(2) The state auditor shall present a report of his or her findings concerning:
(a) The risk management fund to the board and to the general assembly; and
(b) The self-insured property fund and the state employee workers' compensation account to the general assembly.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 7, § 1, effective September 27. L. 86, 2nd Ex. Sess.: Entire section amended, p. 67, § 10, effective August 25. L. 90: Entire section amended, p. 1198, § 9, effective May 24. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1401, § 69, effective May 25.
24-30-1514. Report. (Repealed)
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 7, § 1, effective September 27. L. 86, 2nd Ex. Sess.: Entire section amended, p. 68, § 11, effective August 25. L. 96: Entire section repealed, p. 1270, § 200, effective August 7.
Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
24-30-1515. Compromise or settlement of claims - authority. (1) A claim against the state or against a state official or employee whose defense has been assumed by the state may be compromised or settled on behalf of the state according to the requirements set forth in subsection (2) of this section. Prior to settling a claim of more than fifty thousand dollars, the board or the person authorized to settle the claim shall consult with the head of the affected state agency to assess the appropriateness of the proposed compromise or settlement amount. In settling a claim, the board or the person authorized to settle the claim may require the execution and presentation of those documents required by rule and regulation including those documents which discharge or hold harmless the state of all liability under the claim.
(2) (a) The following parties are authorized to make compromises or settlements on behalf of the state in the following amounts:
(I) A claims adjuster employed by the department of personnel or under contract with the department of personnel is authorized to settle claims for an amount not to exceed five thousand dollars;
(II) The claims manager of the department of personnel is authorized to settle and direct payment in settlement of claims for an amount not to exceed twenty-five thousand dollars;
(III) The state risk manager is authorized to settle and direct payment in settlement of claims for an amount not to exceed fifty thousand dollars;
(IV) The executive director is authorized to settle and direct payment in settlement of claims for an amount not to exceed one hundred thousand dollars;
(V) The board is authorized to settle and direct payment in settlement of claims for an amount of one hundred thousand dollars or more but not to exceed the maximum liability limits under the Colorado Governmental Immunity Act, as set forth in section 24-10-114.
(b) The board is authorized to settle and direct payments in settlement of claims brought under federal law.
(3) Disbursements from the risk management fund for claims compromised or settled in accordance with this part 15 shall be paid by the state treasurer upon warrants drawn in accordance with law upon vouchers issued by the department of personnel upon order of the board or person authorized in subsection (2) of this section to make such compromise or settlement.
(4) The provisions of the State Administrative Procedure Act, article 4 of this title, shall not be applicable to the payment or settlement of claims pursuant to this part 15. Any person or party adversely affected or aggrieved in compromising or settling a claim shall pursue such remedy in a district court of this state pursuant to the Colorado rules of civil procedure.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 7, § 1, effective September 27. L. 86: (1) and (2)(b) to (2)(e) amended, p. 893, § 7, effective April 17. L. 92: (2) amended, p. 1082, § 1, effective July 1. L. 96: (2)(a)(I), (2)(a)(II), and (3) amended, p. 1522, § 65, effective June 1.
24-30-1516. Rules and regulations. (1) In order to carry out the purposes of this part 15, the executive director may promulgate reasonable rules and regulations governing the following:
(a) The administration of the programs authorized in this part 15;
(b) The management and administration of the investigation and adjustment of claims brought against the state, its officials, and its employees and of claims of state agencies for loss or damage to state property;
(c) The management and administration of legal defense of claims brought against the state, its officials, and its employees;
(d) The general supervision of parties who have contracted with the state to provide claims investigation, claims adjustment, support services, or legal services;
(e) Specifications on documents required to present a claim for compromise or settlement;
(f) Specifications on documents required to discharge or hold harmless the state from liability under a claim;
(g) Standards for compromising and settling claims brought against the state or against a state official or employee whose defense has been assumed by the state.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 8, § 1, effective September 27. L. 86: (1)(d) amended, p. 893, § 8, effective April 17. L. 86, 2nd Ex. Sess.: (1)(b) amended, p. 68, § 12, effective August 25. L. 96: (1) amended, p. 1522, § 66, effective June 1.
24-30-1517. Applicability. (1) With respect to claims covered under the risk management fund, until January 1, 1995, section 24-30-1510 shall apply to claims arising on or after September 15, 1985, and on and after January 1, 1995, section 24-30-1510 shall apply to claims whenever arising. With respect to claims for loss or damage to state property covered under the self-insured property fund, this part 15 shall apply to claims arising on or after July 1, 1986. With respect to claims for workers' compensation made by state employees, other than employees of the department of human services, this part 15 shall apply to claims arising on or after May 24, 1990. With respect to claims for workers' compensation made by employees of the department of human services, this part 15 shall apply to claims arising on or after July 1, 1990.
(2) Nothing in this part 15 shall apply to the university of Colorado system, including the university of Colorado at Boulder, Denver, and Colorado Springs and the university of Colorado health sciences center.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 8, § 1, effective September 27. L. 86, 2nd Ex. Sess.: (1) amended, p. 68, § 13, effective August 25. L. 90: (1) amended, p. 1198, § 10, effective May 24. L. 94: (1) amended, p. 2694, § 232, effective July 1. L. 2004: (2) amended, p. 604, § 6, effective July 1.
24-30-1518. Repeal of part. (Repealed)
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 9, § 1, effective September 27. L. 86: Entire section repealed, p. 894, § 10, effective April 17.
24-30-1519. Insurance policies. The procurement of any property or liability insurance policy by any state agency shall be coordinated through and approved by the department of personnel. State agencies are encouraged to submit any other insurance policy to the department of personnel for review and evaluation.
Source: L. 86: Entire section added, p. 893, § 9, effective April 17. L. 96: Entire section amended, p. 1523, § 67, effective June 1.
24-30-1520. Authorization by law to settle claims or to pay judgments. This part 15 is an authorization by law pursuant to section 33 of article V of the Colorado constitution to settle claims brought against the state, its officials, or its employees or to pay judgments against the state, its officials, or its employees. No moneys in the state treasury shall be disbursed therefrom for the settlement of a claim brought against the state, its officials, or its employees or for the payment of judgments against the state, its officials, or its employees except as provided in this part 15.
Source: L. 86: Entire section added, p. 894, § 9, effective April 17.
PART 16
GENERAL GOVERNMENT COMPUTER CENTER (GGCC)
24-30-1601 to 24-30-1608. (Repealed)
Source: L. 2008: Entire part repealed, p. 1131, § 18, effective May 22.
Editor's note: This part 16 was added in 1986. For amendments to this part 16 prior to its repeal in 2008, 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. Provisions of this part 16 were relocated to part 6 of article 37.5 of this title. For the location of specific provisions, see the editor's notes following those sections that were relocated in said part 6.
PART 17
COMMISSION ON INFORMATION MANAGEMENT
24-30-1701 to 24-30-1704. (Repealed)
Source: L. 99: Entire part repealed, p. 873, § 4, effective July 1.
Editor's note: This part 17 was added in 1987. For amendments to this part 17 prior to its repeal in 1999, 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 18
STATEWIDE TELECOMMUNICATIONS NETWORK
24-30-1801. Legislative declaration. (1) The general assembly hereby finds and declares that there is a lack of coordination among the various state agencies regarding the utilization of telecommunications facilities and services. The general assembly further finds that better coordination of such facilities and services, particularly among the governing boards of the institutions of higher education, the department of higher education, the department of education, and the school districts across the state, would result in improved education programs and a more cost-effective telecommunications system. The use of telecommunications services and facilities to expand educational opportunity, however, does not mean that the role of the teacher in the classroom should be diminished.
(2) The general assembly hereby finds that the development and use of a statewide telecommunications network will accelerate economic development within the state. The general assembly further finds that cooperation and participation by medical and health facilities, public and private economic development organizations, the judicial system, and local governments in developing a statewide telecommunications network will facilitate expansion of such network to its full potential and encourage economic growth and development within Colorado.
Source: L. 89: Entire part added, p. 1029, § 1 effective April 15. L. 90: Entire section amended, p. 1136, § 3, effective May 23. L. 93: Entire section amended, p. 1700, § 1, effective June 6. L. 97: Entire part amended, p. 1017, § 30, effective August 6.
24-30-1801.5. Definitions. (Deleted by amendment)
Source: L. 93: Entire section added, p. 1701, § 3, effective June 6. L. 97: Entire part amended, p. 1017, § 30, effective August 6.
Editor's note: This section was deleted by amendment in 1997. (See L. 97, p. 1017.)
24-30-1802. Advisory commission on telecommunications. (Repealed)
Source: L. 89: Entire part added, p. 1029, § 1, effective April 15. L. 90: (1) amended, p. 1136, § 4, effective May 23. L. 91: (3)(a) amended, p. 696, § 12, effective April 20. L. 93: (3)(a) amended, p. 1701, § 2, effective June 6. L. 95: (1) amended, p. 653, § 67, effective July 1. L. 97: Entire part amended, p. 1017, § 30, effective August 6.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1995. (See L. 93, p. 1701.) Although the section was repealed in 1995, it was contained in a 1997 act that amended the entire part.
24-30-1803. Telecommunications plan - staff. (Deleted by amendment)
Source: L. 89: Entire part added, p. 1030, § 1, effective April 15. L. 90: (1) amended and (3) and (4) added, p. 1136, § 5, effective May 23. L. 96: (1) amended, p. 1270, § 198, effective August 7. L. 97: Entire part amended, p. 1017, § 30, effective August 6.
Editor's note: This section was deleted by amendment in 1997. (See L. 97, p. 1017.)
24-30-1804. Institutions of higher education - statewide telecommunications network. All institutions of higher education in this state which utilize telecommunications programs or operations shall cooperate in the establishment of a statewide telecommunications network. The Colorado commission on higher education shall facilitate the establishment of the statewide telecommunications network and, in the event that such a network is not established by July 1, 1992, the commission shall promulgate rules and regulations requiring such a network.
Source: L. 89: Entire part added, p. 1030, §1, effective April 15. L. 96: Entire section amended, p. 1270, § 199, effective August 7. L. 97: Entire part amended, p. 1018, § 30, effective August 6.
Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
24-30-1805. Demonstration project. (Deleted by amendment)
Source: L. 93: Entire section added, p. 1701, § 3, effective June 6. L. 97: Entire part amended, p. 1019, § 30, effective August 6.
Editor's note: This section was deleted by amendment in 1997. (See L. 97, p. 1019.)
24-30-1806. Policy recommendations. (Deleted by amendment)
Source: L. 93: Entire section added, p. 1701, § 3, effective June 6. L. 97: Entire part amended, p. 1019, § 30, effective August 6.
Editor's note: This section was deleted by amendment in 1997. (See L. 97, p. 1019.)
PART 19
STATE BUILDING ENERGY MANAGEMENT PLANS
24-30-1901 to 24-30-1907. (Repealed)
Editor's note: (1) This part 19 was added in 1993. For amendments to this part 19 prior to its repeal in 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-30-1907 provided for the repeal of this part 19, effective January 1, 1996. (See L. 93, p. 917.)
PART 20
UTILITY COST-SAVINGS MEASURES
24-30-2001. Definitions. As used in this part 20, unless the context otherwise requires:
(1) Energy cost-savings contract means a utility cost-savings contract or a vehicle fleet operational and fuel cost-savings contract.
(1.3) Energy cost-savings measure means a utility cost-savings measure or a vehicle fleet operational and fuel cost-savings measure.
(1.5) Energy performance contract means a contract for evaluations, recommendations, or implementation of one or more energy cost-savings measures designed to produce utility cost savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract:
(a) Sets forth savings attributable to the calculated energy cost savings or operation and maintenance cost savings for each year during the contract period;
(b) Provides that the amount of actual savings for each year during the contract period shall exceed annual contract payments, including maintenance costs, to be made during such year by the state agency contracting for the energy cost-savings measures; except that, for the purposes of this part 20 only, the term annual contract payments does not include moneys received by the state from rebates, gifts, grants, or donations specifically designated by the gifting, granting, or donating party for the design or implementation of an energy cost-savings measure or state moneys that have been specifically appropriated in a distinct line item, or, in the case of the department of transportation, otherwise set aside in the department's budget, for the design or implementation of an energy cost-savings measure that is wholly addressed within the scope of the energy cost-savings contract;
(c) Requires the party entering into the energy performance contract with the state agency to provide a written guarantee that the sum of energy cost savings and operation and maintenance cost savings for each year during the first three years of the contract period shall not be less than the calculated savings for that year described in paragraph (a) of this subsection (1.5); and
(d) Requires payments by a state agency to be made within twelve years after the date of the execution of the contract; except that the maximum term of the payments shall be less than the cost-weighted average useful life of energy cost-savings equipment for which the contract is made, not to exceed twenty-five years.
(2) Operation and maintenance cost savings means a measurable decrease in operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures or one or more vehicle fleet operational and fuel cost-savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs.
(3) Shared-savings contract means a contract for one or more energy cost-savings measures that do not involve capital equipment projects, which contract:
(a) Provides that all payments to be made by the state agency contracting for the energy cost-savings measures shall be a stated percentage of calculated savings of energy costs attributable to such measures over a defined period of time and that such payments shall be made only to the extent that such savings occur; except that this paragraph (a) shall not apply to payments for maintenance and repairs and obligations on termination of the contract prior to its expiration;
(b) Provides for an initial contract period of no longer than ten years; and
(c) Requires no additional capital investment or contribution of funds.
(4) State agency means a department or institution of this state, including institutions of higher education.
(5) Utility cost savings means:
(a) A cost savings caused by a reduction in metered or measured physical quantities of a bulk fuel or utility resulting from the implementation of one or more energy conservation measures when compared with an established baseline of usage; or
(b) A decrease in utility costs as a result of changes in applicable utility rates or utility service suppliers. The savings shall be calculated in comparison with an established baseline of utility costs.
(6) Utility cost-savings contract means an energy performance contract or a shared-savings contract or any other agreement in which utility cost savings are used to pay for services or equipment.
(7) Utility cost-savings measure means any installation, modification, or service that is designed to reduce energy consumption and related operating costs in buildings and other facilities and includes, but is not limited to, the following:
(a) Insulation in walls, roofs, floors, and foundations and in heating and cooling distribution systems;
(b) Heating, ventilating, or air conditioning and distribution system modifications or replacements in buildings or central plants;
(c) Automatic energy control systems;
(d) Replacement or modification of lighting fixtures;
(e) Energy recovery systems;
(f) Renewable energy and alternate energy systems;
(g) Cogeneration systems that produce steam or forms of energy, such as heat or electricity, for use primarily within a building or complex of buildings;
(h) Devices that reduce water consumption or sewer charges;
(i) Changes in operation and maintenance practices;
(j) Procurement of low-cost energy supplies of all types, including electricity, natural gas, and other fuel sources, and water;
(k) Indoor air quality improvements that conform to applicable building code requirements;
(l) Daylighting systems;
(m) Building operation programs that reduce utility and operating costs including, but not limited to, computerized energy management and consumption tracking programs, staff and occupant training, and other similar activities;
(n) Services to reduce utility costs by identifying utility errors and optimizing existing rate schedules under which service is provided; and
(o) Any other location, orientation, or design choice related to, or installation, modification of installation, or remodeling of, building infrastructure improvements that produce utility or operational cost savings for their appointed functions in compliance with applicable state and local building codes.
(8) Vehicle fleet operational and fuel cost savings means a measurable decrease in the operation and maintenance costs of state vehicles that is associated with fuel or maintenance based on higher efficiency ratings or alternative fueling methods, including but not limited to savings from the reduction in maintenance requirements and a reduction in or the elimination of projected fuel purchase expenses as a direct result of investment in higher efficiency or alternative fuel vehicles or vehicle or charging infrastructure.
(9) Vehicle fleet operational and fuel cost-savings contract means an energy performance contract or shared-savings contract or any other agreement in which vehicle fleet operational and fuel cost savings are used to pay for the cost of the vehicle or associated capital investments.
(10) Vehicle fleet operational and fuel cost-savings measure means any installation, modification, or service that is designed to reduce energy consumption and related operating costs in vehicles and includes, but is not limited to, the following:
(a) Vehicle purchase or lease costs either in full or in part;
(b) Charging or fueling infrastructure to appropriately charge or fuel alternative fuel vehicles included in an energy cost-savings contract.
Source: L. 2001: Entire part added, p. 1088, § 1, effective August 8. L. 2010: (1)(b) and (7)(o) amended, (SB 10-207), ch. 410, p. 2027, § 2, effective June 10. L. 2013: (1), (2), IP(3), and (3)(a) amended and (1.3), (1.5), (8), (9), and (10) added, (SB 13-254), ch. 403, p. 2358, § 1, effective June 5.
24-30-2002. Contracts for energy analysis and recommendations. (1) Subject to subsection (2) of this section, and in accordance with section 24-30-1104 (2), where applicable, a state agency may contract with any entity or person experienced in the design and implementation of energy conservation for an energy analysis and recommendations pertaining to measures that would significantly increase:
(a) Utility cost savings and operation and maintenance cost savings in buildings or other facilities owned or rented by the state agency; or
(b) Vehicle fleet operational and fuel cost savings in state fleet vehicles.
(2) The state personnel director or the state personnel director's designee may authorize a state agency to enter into such a contract. The contract shall be negotiated by the state agency pursuant to the negotiation requirements described in part 14 of this article; except that direct, indirect, overhead, and other costs and rates may be solicited and considered in the evaluation of qualifications and included in any resulting contract. The contract may include provisions that define the rate, amount, and nature of costs that may be proposed in any subsequent energy cost-savings contract, that describe the content of the analysis, and that reserve the option of the state agency to negotiate a suitable energy cost-savings contract.
(3) Such energy analysis and recommendations shall include the following, as applicable:
(a) Estimates of the amounts by which utility cost savings and operation and maintenance cost savings would increase and estimates of all costs of such utility cost-savings measures or energy-savings measures, including, but not limited to, itemized costs of design, engineering, equipment, materials, installation, maintenance, repairs, and debt service; or
(b) Estimates of the amounts by which vehicle fleet operational and fuel cost savings would increase and estimates of all costs of such vehicle fleet operational and fuel cost-savings measures.
(4) Payment by a state agency for an energy analysis and recommendations contract may be made from moneys appropriated to the state agency for operating expenses or utilities, as applicable, or payments may be deferred and incorporated into a subsequent energy cost-savings contract.
Source: L. 2001: Entire part added, p. 1090, § 1, effective August 8. L. 2013: Entire section amended, (SB 13-254), ch. 403, p. 2360, § 2, effective June 5.
24-30-2003. Energy cost-savings contracts. (1) A state agency may enter into an energy cost-savings contract with any person or entity experienced in the design and implementation of utility cost-savings measures for buildings or other facilities, with any person or entity experienced in the calculation and analysis of vehicle fleet operational and fuel cost savings, or with the entity or person who performed the energy analysis and recommendations pursuant to section 24-30-2002 if:
(a) (I) In the case of a utility cost-savings contract, the energy analysis and recommendations made pursuant to section 24-30-2002 indicate that the expected annual contract payments required under the utility cost-savings contract and any additional maintenance costs for one or more utility cost-savings measures are expected to be equal to or less than the sum of the utility cost savings and operation and maintenance cost savings achieved by the implementation of such measures on an annual basis; or
(II) In the case of a vehicle fleet operational and fuel cost-savings contract, the energy analysis and recommendations made pursuant to section 24-30-2002 indicate that the expected annual contract payments required under the vehicle fleet operational and fuel cost-savings contract for one or more vehicle fleet operational and fuel cost-savings measures are expected to be equal to or less than the sum of the vehicle fleet cost savings achieved by the implementation of such measures on an annual basis; and
(b) The state personnel director or the director's designee, with input from the director of the state energy office, pursuant to criteria contained in procedures established by the state personnel director, approves the energy analysis and recommendations made pursuant to section 24-30-2002.
(2) (a) Except as provided in paragraph (b) of this subsection (2), an energy cost-savings contract shall be negotiated by the state agency pursuant to the negotiation requirements described in part 14 of this article.
(b) The negotiation requirements described in part 14 of this article and any other state competitive bidding or procurement provision shall not apply to a state agency that enters into an energy cost-savings contract with the entity or person who performed the energy analysis for and made recommendations to the state agency pursuant to section 24-30-2002.
(3) An energy cost-savings contract may include appropriate financed purchase of an asset or certificate of participation or other authorized financing agreements.
(4) The legislative authorization required by section 24-82-801 (1) shall not apply to a financed purchase of an asset or certificate of participation agreement in an energy cost-savings contract and no subsequent legislative authorization shall be required for any payment made pursuant to such an agreement.
(5) Payments by a state agency required under an energy cost-savings contract may be made from moneys appropriated to the state agency for operating expenses or utilities appropriations available to the state agency at the time the contract payments are due.
(6) The provisions of articles 91 and 92 of this title shall not apply to utility cost-savings contracts.
(7) Utility cost-savings contracts shall be subject only to the supervisory provisions of part 13 of this article.
(8) All savings realized as a result of an energy cost-savings contract that are in excess of the annual calculated savings by such contract may be utilized as provided in section 24-75-108 (3).
(9) The energy cost-savings contracts authorized by this section shall provide that all of the obligations of the state under such contracts shall be subject to the action of the general assembly in annually making moneys available for all payments thereunder and that the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the constitution.
(10) The state personnel director may establish procedures containing criteria for authorization of energy cost-savings contracts.
Source: L. 2001: Entire part added, p. 1091, § 1, effective August 8. L. 2009: (4) amended, (HB 09-1218), ch. 132, p. 574, § 10, effective July 1. L. 2010: (1)(a) amended, (SB 10-207), ch. 410, p. 2028, § 3, effective June 10. L. 2013: (1), (2), (3), (4), (5), (8), (9), and (10) amended, (SB 13-254), ch. 403, p. 2361, § 3, effective June 5. L. 2021: (3) and (4) amended, (HB 21-1316), ch. 325, p. 2025, § 35, effective July 1.
PART 21
ADDRESS CONFIDENTIALITY PROGRAM
Editor's note: This part 21 was added with relocations in 2011. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
24-30-2101. Short title. This part 21 shall be known and may be cited as the Address Confidentiality Program Act.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1108, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-201 as it existed prior to 2011.
24-30-2102. Legislative declaration. (1) The general assembly finds and declares that a person attempting to escape from actual or threatened domestic violence, a sexual offense, human trafficking, or stalking frequently moves to a new address in order to prevent an assailant or potential assailant from finding the victim. This new address, however, is only useful if an assailant or potential assailant does not discover it. Additionally, people involved in the provision of reproductive health care are at a heightened risk of actual or threatened violence, stalking, or other social harms.
(1.5) Therefore, in order to help victims of domestic violence, a sexual offense, human trafficking, or stalking, and to assist and protect individuals involved in the provision of reproductive health care, it is the intent of the general assembly to establish an address confidentiality program, whereby the confidentiality of a victim's or an individual involved in the provision of reproductive health care's address may be maintained through, among other things, the use of a substitute address for purposes of public records and confidential mail forwarding.
(2) The general assembly further finds and declares that the desired result of the Address Confidentiality Program Act for the purpose of post-enactment review is to establish a substitute address for a program participant that is used by state and local government agencies whenever possible; to permit agencies to have access to the participant's actual address when appropriate; to establish a mail forwarding system for program participants; and to ensure that there is adequate funding to pay the program costs for all persons who apply to the program.
(3) The general assembly further declares that private entities, including but not limited to private businesses, can help protect program participants by seeking to prevent the disclosure of unique identifying information that could jeopardize the safety of program participants. The general assembly recognizes that a legitimate need for private entities to request and have access to an individual's actual address often exists and that the opportunity exists for private entities to partner with state and local governmental agencies in the effort to protect the safety of program participants.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1108, § 2, effective June 2. L. 2015: (3) added, (HB 15-1174), ch. 42, p. 104, § 2, effective March 20. L. 2023: (1) amended and (1.5) added, (SB 23-188), ch. 68, p. 248, § 17, effective April 14. L. 2024: (1) and (1.5) amended, (HB 24-1345), ch. 317, p. 2123, § 4, effective May 31.
Editor's note: This section is similar to former § 24-21-202 as it existed prior to 2011.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
24-30-2103. Definitions. As used in this part 21, unless the context otherwise requires:
(1) Actual address means a residential, work, or school address as specified on the individual's application to be a program participant under this part 21, and includes the county, voting precinct number, and any unique identifying information related to the individual's residential, work, or school address.
(2) Address confidentiality program or program means the program created under this part 21 in the department to protect the confidentiality of the actual address of a relocated protected health-care worker or a relocated victim of domestic violence, a sexual offense, human trafficking, or stalking.
(3) Applicant means an individual identified as such in an application received by the executive director or his or her designee pursuant to section 24-30-2105.
(4) Application assistant means a person designated by the executive director or his or her designee to assist an applicant in the preparation of an application to participate in the address confidentiality program.
(5) Department means the department of personnel created in section 24-1-128.
(6) Domestic violence means an act described in section 18-6-800.3 (1), C.R.S.
(7) Executive director means the executive director of the department.
(7.5) Human trafficking means an act described in section 18-3-503 or 18-3-504.
(8) Person means any individual, corporation, limited liability company, partnership, trust, estate, or other association or any state, the United States, or any subdivision thereof.
(9) Program participant or participant means an individual accepted into the address confidentiality program in accordance with this part 21.
(9.5) Protected health-care worker means a reproductive health-care provider, or an employee, volunteer, patient, or immediate family member of a reproductive health-care provider, engaged in the provision, facilitation, or promotion of a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
(10) Public record means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, digital data, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by a state or local government agency.
(11) Sexual offense means an act described in part 4 of article 3, or article 6 or 7 of title 18, C.R.S.
(12) Stalking means an act of harassment as described in section 18-9-111, C.R.S., or stalking as described in section 18-3-602, C.R.S.
(13) State or local government agency or agency means every elected or appointed state or local public office, public officer, or official; board, commission, bureau, committee, council, department, authority, agency, institution of higher education, or other unit of the executive, legislative, or judicial branch of the state; or any city, county, city and county, town, special district, school district, local improvement district, or any other kind of municipal, quasi-municipal, or public corporation.
(14) Substitute address means an address designated by the executive director or his or her designee under the address confidentiality program that is used instead of an actual address as set forth in this part 21.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1109, § 2, effective June 2. L. 2015: (1) amended, (HB 15-1174), ch. 42, p. 104, § 3, effective March 20. L. 2023: (2) amended and (9.5) added, (SB 23-188), ch. 68, p. 248, § 18, effective April 14. L. 2024: (2) amended and (7.5) added, (HB 24-1345), ch. 317, p. 2123, § 5, effective May 31.
Editor's note: (1) This section is similar to former § 24-21-203 as it existed prior to 2011.
(2) Subsections (12) and (13) were numbered as subsections (13) and (12), respectively, in House Bill 11-1080 but were renumbered on revision to place defined terms in alphabetical order.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
24-30-2104. Address confidentiality program - creation - substitute address - uses - service by mail - application assistance centers. (1) There is created the address confidentiality program in the department to protect the confidentiality of the actual address of a relocated protected health-care worker or a relocated victim of domestic violence, a sexual offense, human trafficking, or stalking and to prevent the victim's assailants or potential assailants from finding the victim through public records. Under the program, the executive director or the executive director's designee shall:
(a) Designate a substitute address for a program participant that shall be used by state and local government agencies as set forth in this part 21; and
(b) Receive mail sent to a program participant at a substitute address and forward the mail to the participant as set forth in subsection (2) of this section.
(2) The executive director or his or her designee shall receive first-class, certified, or registered mail on behalf of a program participant and forward the mail to the participant for no charge. The executive director or his or her designee may arrange to receive and forward other classes or kinds of mail at the participant's expense. Neither the executive director nor his or her designee shall be required to track or otherwise maintain records of any mail received on behalf of a participant unless the mail is certified or registered mail.
(3) (a) Notwithstanding any provision of law to the contrary, a program participant may be served by registered mail or by certified mail, return receipt requested, addressed to the participant at his or her substitute address with any process, notice, or demand required or permitted by law to be served on the program participant. Service is perfected under this subsection (3) at the earliest of:
(I) The date the program participant receives the process, notice, or demand; or
(II) Five days after the date shown on the return receipt if signed on behalf of the program participant.
(b) This subsection (3) does not prescribe the only means, or necessarily the required means, of serving a program participant in the state.
(c) Whenever the laws of the state provide a program participant a legal right to act within a prescribed period of ten days or less after the service of a notice or other paper upon the participant and the notice or paper is served upon the participant by mail pursuant to this subsection (3) or by first-class mail as otherwise authorized by law, five days shall be added to the prescribed period.
(4) The executive director or the executive director's designee may designate as an application assistant any person who:
(a) Provides counseling, referral, or other services to victims of domestic violence, a sexual offense, human trafficking, or stalking, if applicable;
(b) Completes any training and registration process required by the executive director or the executive director's designee, if applicable; and
(c) Provides counseling, referrals, or other services to individuals accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d), if applicable.
(5) Any assistance and counseling rendered by the executive director or his or her designee or an application assistant to an applicant related to this part 21 shall in no way be construed as legal advice.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1110, § 2, effective June 2. L. 2023: IP(1) and (4) amended, (SB 23-188), ch. 68, p. 248, § 19, effective April 14. L. 2024: IP(1) and (4)(a) amended, (HB 24-1345), ch. 317, p. 2124, § 6, effective May 31.
Editor's note: This section is similar to former § 24-21-204 as it existed prior to 2011.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
24-30-2105. Filing and certification of applications - authorization card. (1) On and after July 1, 2008, upon the recommendation of an application assistant, an individual may apply to the executive director or his or her designee to participate in the address confidentiality program. The following individuals may apply to the executive director or his or her designee to have an address designated by the executive director or his or her designee to serve as the substitute address of the individual and any individuals designated in paragraph (j) of subsection (3) of this section:
(a) An adult individual;
(b) A parent or guardian acting on behalf of a minor when the minor resides with the individual; or
(c) A guardian acting on behalf of an incapacitated individual.
(2) An application assistant shall assist the individual in the preparation of the application. The application shall be dated, signed, and verified by the applicant and shall be signed and dated by the application assistant who assisted in the preparation of the application. The signature of the application assistant shall serve as the recommendation by such person that the applicant have an address designated by the executive director or his or her designee to serve as the substitute address of the applicant. A minor or incapacitated individual on whose behalf a parent or guardian completes an application pursuant to the authority set forth in paragraph (b) or (c) of subsection (1) of this section shall be considered the applicant, but any statements that are required to be made by the applicant shall be made by the parent or guardian acting on behalf of the minor or incapacitated individual.
(3) The application must be on a form prescribed by the executive director or the executive director's designee and must contain the following:
(a) The applicant's name;
(b) A statement by the applicant that the applicant is a victim of domestic violence, a sexual offense, human trafficking, or stalking and that the applicant fears for the applicant's safety, if applicable;
(c) Evidence that the applicant is a victim of domestic violence, a sexual offense, human trafficking, or stalking, if applicable. This evidence may include any of the following:
(I) Law enforcement, court, or other state or local government agency or federal agency records or files;
(II) Documentation from a domestic violence program or facility, including but not limited to a battered women's shelter or safe house, if the applicant is alleged to be a victim of domestic violence;
(III) Documentation from a sexual assault program if the applicant is alleged to be a victim of a sexual offense; or
(IV) Documentation from a religious, medical, or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual offense, human trafficking, or stalking.
(d) A statement by the applicant that disclosure of the applicant's actual address would endanger the applicant's safety;
(e) A statement by the applicant that the applicant has confidentially relocated in the past ninety days or will confidentially relocate in the state;
(f) A designation of the executive director or his or her designee as an agent for the applicant for purposes of receiving certain mail;
(g) The mailing address and telephone number where the applicant can be contacted by the executive director or his or her designee;
(h) The actual address that the applicant requests not to be disclosed by the executive director or the executive director's designee that directly relates to the increased risk of domestic violence, a sexual offense, human trafficking, or stalking, or increased risk of actual or threatened violence, stalking, human trafficking, or other social harms due to the provision of a legally protected health-care activity, as defined in section 12-30-121 (1)(d);
(i) A statement as to whether there is any existing court order or court action involving the applicant or an individual identified in paragraph (j) of this subsection (3) related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time and the court that issued the order or has jurisdiction over the action;
(j) The name of any person who resides with the applicant who also needs to be a program participant in order to ensure the safety of the applicant and, if the person named in the application is eighteen years of age or older, the consent of such person to be a program participant;
(k) A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the application is true; and
(l) A statement by the applicant, under penalty of perjury, that the applicant is a protected health-care worker or provides, refers, or assists patients in accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d), if applicable.
(4) Upon determining that an application has been properly completed, the executive director or his or her designee shall certify the applicant and any individual who is identified in paragraph (j) of subsection (3) of this section as a program participant. Upon certification, the executive director or his or her designee shall issue to the participant an address confidentiality program authorization card, which shall include the participant's substitute address. The card shall remain valid for so long as the participant remains certified under the program.
(5) Applicants and individuals identified in paragraph (j) of subsection (3) of this section shall be certified for four years following the date of filing unless the certification is withdrawn or canceled prior to the end of the four-year period. A program participant may withdraw the certification by filing a request for withdrawal acknowledged before a notary public. A certification may be renewed by filing a renewal application with the executive director or his or her designee at least thirty days prior to expiration of the current certification. The renewal application shall be dated, signed, and verified by the applicant. The renewal application shall contain:
(a) Any statement or information that is required by subsection (3) of this section that has changed from the original application or a prior renewal application; and
(b) A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the renewal application and a prior application is true.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1111, § 2, effective June 2. L. 2023: IP(3), (3)(b), IP(3)(c), (3)(h), and (3)(k) amended and (3)(l) added, (SB 23-188), ch. 68, p. 249, § 20, effective April 14. L. 2024: (3)(b), IP(3)(c), (3)(c)(IV), and (3)(h) amended, (HB 24-1345), ch. 317, p. 2124, § 7, effective May 31.
Editor's note: This section is similar to former § 24-21-205 as it existed prior to 2011.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
24-30-2106. Change of name, address, or telephone number. (1) A program participant shall notify the executive director or his or her designee within thirty days after the participant has obtained a legal name change by providing the executive director or his or her designee a certified copy of any judgment or order evidencing the change or any other documentation the executive director or his or her designee deems to be sufficient evidence of the name change.
(2) A program participant shall notify the executive director or his or her designee of a change in address or telephone number from the address or telephone number listed for the participant on the application pursuant to the requirements set forth in section 24-30-2105 (3)(g) and (3)(h) no later than seven days after the change occurs.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1113, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-206 as it existed prior to 2011.
24-30-2107. Certification cancellation - records. (1) The certification of a program participant shall be canceled under any of the following circumstances:
(a) The program participant files a request for withdrawal of the certification pursuant to section 24-30-2105 (5).
(b) The program participant fails to notify the executive director or his or her designee of a change in the participant's name, address, or telephone number listed on the application pursuant to section 24-30-2106.
(c) The program participant or parent or guardian who completes an application on behalf of an applicant knowingly submitted false information in the program application.
(d) Mail forwarded to the program participant by the executive director or his or her designee is returned as undeliverable.
(2) If the executive director or his or her designee determines that there is one or more grounds for canceling certification of a program participant pursuant to subsection (1) of this section, the executive director or his or her designee shall send notice of cancellation to the program participant. Notice of cancellation shall set out the reasons for cancellation. The participant shall have thirty days to appeal the cancellation decision under procedures developed by the executive director or his or her designee.
(3) An individual who ceases to be a program participant is responsible for notifying persons who use the substitute address that the designated substitute address is no longer valid.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1114, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-207 as it existed prior to 2011.
24-30-2108. Address use by state or local government agencies. (1) The program participant, and not the executive director or his or her designee, is responsible for requesting that a state or local government agency use the participant's substitute address as the participant's residential, work, or school address for all purposes for which the agency requires or requests such residential, work, or school address.
(2) Except as otherwise provided in this section or unless the executive director or his or her designee grants a state or local government agency's request for a disclosure pursuant to section 24-30-2110, when a program participant submits a current and valid address confidentiality program authorization card to the agency, the agency shall accept the substitute address designation by the executive director or his or her designee on the card as the participant's address to be used as the participant's residential, work, or school address when creating a new public record. The substitute address given to the agency shall be the last-known address for the participant used by the agency until such time that the agency receives notification pursuant to section 24-30-2107 (3). The agency may make a photocopy of the card for the records of the agency and thereafter shall immediately return the card to the program participant.
(3) (a) A designated election official as defined in section 1-1-104 (8), C.R.S., shall use the actual address of a program participant for precinct designation and all official election-related purposes and shall keep the participant's actual address confidential from the public. The election official shall use the substitute address for all correspondence and mailings placed in the United States mail. The substitute address shall not be used as an address for voter registration.
(b) A state or local government agency's access to a program participant's voter registration shall be governed by the disclosure process set forth in section 24-30-2110.
(c) The provisions of this subsection (3) shall apply only to a program participant who submits a current and valid address confidentiality program authorization card when registering to vote.
(d) The provisions of this subsection (3) shall not apply to a program participant who registers to vote pursuant to section 1-2-213, C.R.S.
(4) Repealed.
(5) The substitute address shall not be used for purposes of listing, appraising, or assessing property taxes and collecting property taxes under the provisions of title 39, C.R.S.
(6) Whenever a program participant is required by law to swear or affirm to the participant's address, the participant may use his or her substitute address.
(7) The substitute address shall not be used for purposes of assessing any taxes or fees on a motor vehicle or for titling or registering a motor vehicle. Notwithstanding any provision of section 24-72-204 (7) to the contrary, any record that includes a program participant's actual address pursuant to this subsection (7) shall be confidential and not available for inspection by anyone other than the program participant.
(8) The substitute address shall not be used on any document related to real property recorded with a county clerk and recorder.
(9) A school district shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the executive director or his or her designee. The executive director or his or her designee shall facilitate the transfer of student records from one school to another.
(10) Except as otherwise provided in this section, a program participant's actual address and telephone number maintained by a state or local government agency or disclosed by the executive director or his or her designee is not a public record that is subject to inspection pursuant to the provisions of part 2 of article 72 of this title. This subsection (10) shall not apply to the following:
(a) To any public record created more than ninety days prior to the date that the program participant applied to be certified in the program; or
(b) If a program participant voluntarily requests that a state or local government agency use the participant's actual address or voluntarily gives the actual address to the state or local government agency.
(11) For any public record created within ninety days prior to the date that a program participant applied to be certified in the program, a state or local government agency shall redact the actual address from a public record or change the actual address to the substitute address in the public record, if a program participant who presents a current and valid program authorization card requests the agency that maintains the public record to use the substitute address instead of the actual address on the public record.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1114, § 2, effective June 2. L. 2019: (4) repealed, (SB 19-235), ch. 329, p. 3056, § 8, effective August 2.
Editor's note: This section is similar to former § 24-21-208 as it existed prior to 2011.
24-30-2109. Disclosure of actual address prohibited. (1) The executive director or his or her designee is prohibited from disclosing any address or telephone number of a program participant other than the substitute address designated by the executive director or his or her designee, except under any of the following circumstances:
(a) The information is required by direction of a court order pursuant to section 24-30-2111. However, any person to whom a program participant's address or telephone number has been disclosed shall not disclose the address or telephone number to any other person unless permitted to do so by order of the court.
(b) The executive director or his or her designee grants a request by an agency pursuant to section 24-30-2110.
(c) The program participant is required to disclose the participant's actual address as part of a registration required by the Colorado Sex Offender Registration Act, article 22 of title 16, C.R.S.
(2) The executive director or his or her designee shall provide immediate notification of disclosure to a program participant when disclosure is made pursuant to paragraph (a) or (b) of subsection (1) of this section.
(3) If, at the time of application, an applicant or an individual designated in section 24-30-2105 (3)(j) is subject to a court order related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the executive director or his or her designee shall notify the court that issued the order of the certification of the program participant in the address confidentiality program and the substitute address designated by the executive director or his or her designee. If, at the time of application, an applicant or an individual designated in section 24-30-2105 (3)(j) is involved in a court action related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the executive director or his or her designee shall notify the court having jurisdiction over the action of the certification of the applicant in the address confidentiality program and the substitute address designated by the executive director or his or her designee.
(4) No person shall knowingly and intentionally obtain a program participant's actual address or telephone number from the executive director or his or her designee or an agency knowing that the person is not authorized to obtain the address information.
(5) No employee of the executive director or his or her designee or of an agency shall knowingly and intentionally disclose a program participant's actual address or telephone number unless the disclosure is permissible by law. This subsection (5) only applies when an employee obtains a participant's actual address or telephone number during the course of the employee's official duties and, at the time of disclosure, the employee has specific knowledge that the actual address or telephone number disclosed belongs to a participant.
(6) Any person who knowingly and intentionally obtains or discloses information in violation of this part 21 shall be guilty of a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1116, § 2, effective June 2. L. 2015: (1)(a) amended, (HB 15-1174), ch. 42, p. 104, § 4, effective March 20.
Editor's note: This section is similar to former § 24-21-209 as it existed prior to 2011.
24-30-2110. Request for disclosure. (1) A state or local government agency requesting disclosure of a program participant's actual address pursuant to this section shall make such a request in writing on agency letterhead and shall provide the executive director or his or her designee with the following information:
(a) The name of the program participant for whom the agency seeks disclosure of the actual address;
(b) A statement, with explanation, setting forth the reason or reasons that the agency needs the program participant's actual address and a statement that the agency cannot meet its statutory or administrative obligations without disclosure of the participant's actual address;
(c) A particular statement of facts showing that other methods to locate the program participant or the participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed;
(d) A statement that the agency has adopted a procedure setting forth the steps the agency will take to protect the confidentiality of the program participant's actual address; and
(e) Any other information as the executive director or his or her designee may reasonably request in order to identify the program participant in the records of the executive director or his or her designee.
(2) (a) The executive director or his or her designee shall provide the program participant with notice of a request for disclosure received pursuant to subsection (1) of this section, and, to the extent possible, the participant shall be afforded an opportunity to be heard regarding the request.
(b) Except as otherwise provided in paragraph (c) of this subsection (2), the executive director or his or her designee shall provide the program participant with written notification whenever a request for a disclosure has been granted or denied pursuant to this section.
(c) No notice or opportunity to be heard shall be given to the program participant when the request for disclosure is made by a state or local law enforcement agency conducting a criminal investigation involving alleged criminal conduct by the participant or when providing notice to the participant would jeopardize an ongoing criminal investigation or the safety of law enforcement personnel.
(3) The executive director or his or her designee shall promptly conduct a review of all requests received pursuant to this section. In conducting a review, the executive director or his or her designee shall consider all information received pursuant to subsections (1) and (2) of this section and any other appropriate information that the executive director or his or her designee may require.
(4) The executive director or his or her designee shall grant a state or local government agency's request for disclosure and disclose a program participant's actual address pursuant to this section if:
(a) The agency has a bona fide statutory or administrative need for the actual address.
(b) The actual address will only be used for the purpose stated in the request.
(c) Other methods to locate the program participant or the participant's actual address have been tried and have failed or such methods reasonably appear to be unlikely to succeed.
(d) The agency has adopted a procedure for protecting the confidentiality of the actual address of the program participant.
(5) Upon granting a request for disclosure pursuant to this section, the executive director or his or her designee shall provide the state or local government agency with the disclosure that contains:
(a) The program participant's actual address;
(b) A statement setting forth the permitted use of the actual address and the names or classes of persons permitted to have access to and use of the actual address;
(c) A statement that the agency is required to limit access to and use of the actual address to the permitted use and persons set forth in the disclosure; and
(d) The date on which the permitted use expires, if expiration is appropriate, after which the agency may no longer maintain, use, or have access to the actual address.
(6) A state or local government agency whose request is granted by the executive director or his or her designee pursuant to this section shall:
(a) Limit the use of the program participant's actual address to the purposes set forth in the disclosure;
(b) Limit the access to the program participant's actual address to the persons or classes of persons set forth in the disclosure;
(c) Cease to use and dispose of the program participant's actual address upon the expiration of the permitted use, if applicable; and
(d) Except as otherwise set forth in the disclosure, maintain the confidentiality of a program participant's actual address.
(7) Upon denial of a state or local government agency's request for disclosure, the executive director or his or her designee shall provide prompt written notification to the agency stating that the agency's request has been denied and setting forth the specific reasons for the denial.
(8) A state or local government agency may file written exceptions with the executive director or his or her designee no more than fifteen days after written notification is provided pursuant to subsection (7) of this section. The exceptions shall restate the information contained in the request for disclosure, state the grounds upon which the agency asserts that the request for disclosure should be granted and specifically respond to the executive director's or his or her designee's specific reasons for denial.
(9) Unless the state or local government agency filing exceptions agrees otherwise, the executive director or his or her designee shall make a final determination regarding the exceptions within thirty days after the filing of exceptions pursuant to subsection (8) of this section. Prior to making a final determination regarding the exceptions, the executive director or his or her designee may request additional information from the agency or the program participant and conduct a hearing. If the final determination of the executive director or his or her designee is that the denial of the agency's request for disclosure was properly denied, the executive director or his or her designee shall provide the agency with written notification of this final determination stating that the agency's request has again been denied and setting forth the specific reasons for the denial. If the final determination of the executive director or his or her designee is that the denial of the agency's request for disclosure has been improperly denied, the executive director or his or her designee shall grant the agency's request for disclosure in accordance with this section. The final determination of the executive director or his or her designee shall constitute final agency action.
(10) The record before any judicial review of a final agency action pursuant to subsection (9) of this section shall consist of the state or local government agency's request for disclosure, the executive director's or his or her designee's written response, the agency's exceptions, the hearing transcript, if any, and the executive director's or his or her designee's final determination.
(11) During any period of review, evaluation, or appeal, the agency shall, to the extent possible, accept and use the program participant's substitute address.
(12) Notwithstanding any other provision of this section, the executive director or his or her designee shall establish an expedited process for disclosure to be used by a criminal justice official or agency for situations where disclosure is required pursuant to a criminal justice trial, hearing, proceeding, or investigation involving a program participant. An official or agency receiving information pursuant to this subsection (12) shall certify to the executive director or his or her designee that the official or agency has a system in place to protect the confidentiality of a participant's actual address from the public and from personnel who are not involved in the trial, hearing, proceeding, or investigation.
(13) Nothing in this section shall be construed to prevent the executive director or his or her designee from granting a request for disclosure to a state or local government agency pursuant to this section upon receipt of a program participant's written consent to do so.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1117, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-210 as it existed prior to 2011.
24-30-2111. Disclosure of address or unique identifying information in criminal and civil proceedings. A person shall not be compelled to disclose a program participant's actual address or any unique identifying information related to the participant's residence, work, or school during the discovery phase of or during a proceeding before a court of competent jurisdiction or administrative tribunal unless the court or administrative tribunal finds, based upon a preponderance of the evidence, that the disclosure is required in the interests of justice and that the potential harm to the program participant is substantially outweighed by the public interest in the disclosure and that no other alternative would satisfy that necessity. A court or administrative tribunal may seal the portion of any record that contains a program participant's actual address. Nothing in this section prevents a state or local government agency, in its discretion, from using a program participant's actual address in any document or record filed with a court or administrative tribunal if, at the time of filing, the document or record is not a public record.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1120, § 2, effective June 2. L. 2015: Entire section amended, (HB 15-1174), ch. 42, p. 104, § 5, effective March 20.
Editor's note: This section is similar to former § 24-21-211 as it existed prior to 2011.
24-30-2112. Participation in the program - orders relating to allocation of parental responsibilities or parenting time. (1) Nothing in this part 21, nor participation in the program, shall affect an order relating to the allocation of parental responsibilities or parenting time in effect prior to or during program participation.
(2) Program participation does not constitute evidence of domestic violence, a sexual offense, human trafficking, or stalking and shall not be considered for purposes of making an order allocating parental responsibilities or parenting time; except that a court may consider practical measures to keep a program participant's actual address confidential when making an order allocating parental responsibilities or parenting time.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1120, § 2, effective June 2. L. 2024: (2) amended, (HB 24-1345), ch. 317, p. 2124, § 8, effective May 31.
Editor's note: This section is similar to former § 24-21-212 as it existed prior to 2011.
24-30-2113. Rule-making authority. The executive director or his or her designee is authorized to adopt any rules in accordance with article 4 of this title deemed necessary to carry out the provisions of this part 21, excluding section 24-30-2114.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1121, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-213 as it existed prior to 2011.
24-30-2114. Surcharge - collection and distribution - address confidentiality program surcharge fund - creation - definitions. (1) On and after July 1, 2007, each person who is convicted of the crimes set forth in subsection (2) of this section shall be required to pay a surcharge of twenty-eight dollars to the clerk of the court for the judicial district in which the conviction occurs.
(2) The following crimes shall be subject to the surcharge set forth in subsection (1) of this section:
(a) Stalking;
(a.5) Human trafficking for involuntary servitude or human trafficking of a minor for involuntary servitude in violation of section 18-3-503;
(a.6) Human trafficking for sexual servitude or human trafficking of a minor for sexual servitude in violation of section 18-3-504;
(b) A crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence; or
(c) Criminal attempt, conspiracy, or solicitation to commit the crimes set forth in subsections (2)(a), (2)(a.5), (2)(a.6), and (2)(b) of this section.
(3) The clerk of the court shall allocate the surcharge required by this section as follows:
(a) Five percent shall be retained by the clerk of the court for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
(b) Ninety-five percent shall be transferred to the state treasurer, who shall credit the same to the address confidentiality program surcharge fund created pursuant to subsection (4) of this section.
(4) (a) There is hereby created in the state treasury the address confidentiality program surcharge fund, which shall consist of moneys received by the state treasurer pursuant to this section. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the purpose of paying for the costs incurred by the executive director or his or her designee in the administration of the program. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.
(b) (Deleted by amendment, L. 2011, (HB 11-1080), ch. 256, p. 1121, § 2, effective June 2, 2011.)
(c) Repealed.
(5) The court may waive all or any portion of the surcharge required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person is financially unable to pay.
(6) As used in this section, convicted and conviction mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, C.R.S., a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1121, § 2, effective June 2. L. 2013: (4)(c) repealed, (SB 13-271), ch. 299, p. 1590, § 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1682, § 52, effective August 7. L. 2024: (2)(a.5) and (2)(a.6) added and (2)(c) amended, (HB 24-1345), ch. 317, p. 2125, § 9, effective May 31.
Editor's note: This section is similar to former § 24-21-214 as it existed prior to 2011.
24-30-2115. Address confidentiality program fund - creation - appropriations. (1) There is created in the state treasury the address confidentiality program fund, referred to in this section as the fund. The fund consists of any gifts, grants, donations, or appropriations received by the department for the fund pursuant to subsection (2) of this section. The money in the fund shall be continuously appropriated by the general assembly to the department for the purpose of paying for the costs incurred by the executive director or the executive director's designee in the administration of the program. All interest derived from the deposit and investment of money in the fund shall be credited to the fund. Any money not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.
(2) (a) The department is authorized to seek, accept, and expend gifts, grants, and donations from private or public sources for the implementation of the program. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund.
(b) The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the department to be used for the program, so long as the expenses such money is used for are for purposes or programs that also conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended. The department may use up to five percent of any money appropriated by the general assembly pursuant to this subsection (2)(b) for development and administrative costs incurred by the department pursuant to this subsection (2)(b).
Source: L. 2011: Entire section added, (HB 11-1080), ch. 256, p. 1122, § 3, effective June 2. L. 2021: Entire section amended, (SB 21-292), ch. 291, p. 1723, § 7, effective June 22.
Cross references: For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.
PART 22
LAURA HERSHEY DISABILITY SUPPORT ACT
Editor's note: (1) This part 22 was added in 2011. It was amended with relocations in 2016, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 22 prior to 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory research explanatory note 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.
(2) (a) This part 22 was added in 2011. For amendments to this part 22 prior to its repeal in 2024, consult the 2023 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(b) This part 22 was relocated to article 88 of title 8. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this part 22, see the comparative tables located in the back of the index.
(3) Amendments to § 24-30-2205.5 (1) by SB 24-086 were harmonized with HB 24-1360 and relocated to § 8-88-205 (1).
Cross references: For the legislative declaration in HB 24-1360, see section 1 of chapter 324, Session Laws of Colorado 2024.
24-30-2201 to 24-30-2213. (Repealed)
Source: L. 2024: Entire part repealed, (HB 24-1360), ch. 324, p. 2166, § 3, effective July 1.
PART 23
OFFICE OF SUSTAINABILITY
24-30-2301. Legislative declaration. The general assembly hereby finds and declares that:
(1) The state should be a leader in sustainability and should offer sustainable practices to state agencies as a core administrative service;
(2) Reducing the state's operating and energy costs supports a vibrant and diverse economy and saves taxpayers money;
(3) Ensuring state compliance with environmental mandates is critical to the future of our state and our nation;
(4) Sustainable state agency operations conserve water and offset the estimated future water needs of up to seven hundred forty thousand additional acre feet as outlined in the 2023 Colorado water plan adopted by the Colorado water conservation board; and
(5) Coordinating sustainable practices is best accomplished through the creation of an office focused on the state's operations, capital construction projects, and procurement.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1085, § 1, effective May 17.
24-30-2302. Definitions. As used in this part 23, unless the context otherwise requires:
(1) Department means the department of personnel.
(2) Elective pay application means any application for elective pay funding available under the federal Inflation Reduction Act of 2022, Pub.L. 117-169, 136 Stat. 1818 (2022).
(3) Environmentally preferable products or services means products or services that create fewer or less severe negative impacts on the natural environment when compared to similar products or services.
(4) Office means the office of sustainability created in section 24-30-2303 (1).
(5) State agency means a principal department as defined in section 24-1-110 and any division, office, board, commission, or enterprise within a principal department; except that state agency does not include an institution of higher education as defined in section 23-18-102 (7).
(6) Sustainability means the minimization of negative impacts on the natural environment, which include but are not limited to emissions of greenhouse gases, climate change, increased water consumption or water waste, pollution, nonrenewable energy usage, and over-consumption or waste of resources.
(7) Sustainable practice means a practice that increases sustainability by reducing one or more negative impacts on the natural environment.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1086, § 1, effective May 17.
24-30-2303. Office of sustainability - creation - duties. (1) The office of sustainability is hereby created in the department. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The office shall work with state agencies to implement sustainable practices.
(2) The powers, duties, and functions of the office include:
(a) Providing leadership to and requiring accountability from state agencies regarding ongoing sustainability initiatives;
(b) Developing baseline metrics and goals for the reduction of negative environmental impacts and tracking state agencies' performance toward achieving those goals;
(c) Tracking the amount of money the state saves as a result of implementing sustainable practices;
(d) Seeking and applying for federal funding and other grant opportunities that would support state agencies' sustainable practices;
(e) Assisting state agencies in implementing sustainable procurement methods and introducing options for environmentally preferable products or services to state agencies;
(f) Assisting state agencies in installing energy-efficient equipment and fixtures;
(g) Assisting state agencies in meeting building performance standards such as those administered by the Colorado energy office;
(h) Coordinating and assisting in planning and constructing state agencies' electric vehicle charging infrastructure and ensuring utilization of such infrastructure;
(i) Instituting water reduction initiatives for state agencies, including but not limited to:
(I) The installation of water-conserving fixtures and water-wise plants on state property;
(II) The conversion of nonnative grasses to xeriscape in accordance with the principles of water-wise landscaping, with an emphasis on native plants, set forth in section 37-60-135 (2)(l); and
(III) The reduction of nonfunctional turf and encouragement of water-efficient sustainable landscaping practices at state facilities;
(j) Assisting state agencies in transitioning from gas-powered to electric equipment;
(k) Implementing statewide waste diversion practices to increase state agencies' recycling rates;
(l) Developing commuting opportunities for state employees that reduce greenhouse gas emissions and other pollution;
(m) Assisting state agencies in developing training programs to educate state employees on sustainable practices; and
(n) Conducting other activities as directed by the general assembly or the governor.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1086, § 1, effective May 17.
24-30-2304. Revolving fund - definition - repeal. (1) The state agency sustainability revolving fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund and any gifts, grants, or donations that the department credits to the fund pursuant to subsection (5) of this section.
(2) The office shall allocate the money in the fund to assist in replacing the state's gas and diesel-powered equipment that is located in ozone nonattainment areas as designated by the U.S. environmental protection agency with equivalent electric equipment, and to operate the office in accordance with this part 23.
(3) (a) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund.
(b) (I) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(II) Notwithstanding subsection (3)(a) of this section, for state fiscal years commencing on and after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer six thousand two hundred fourteen dollars from the fund to the general fund.
(B) This subsection (3)(b)(III) is repealed, effective July 1, 2026.
(4) Subject to annual appropriation by the general assembly, the department may expend money from the fund to be used for the purposes specified in subsection (2) of this section.
(5) The department may solicit, accept, and expend gifts, grants, and donations for the purposes of this part 23. The department shall credit any gifts, grants, and donations to the fund.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1087, § 1, effective May 17. L. 2025: (1) and (2) amended, (SB 25-249), ch. 124, p. 490, § 1, effective April 25; (3) amended, (SB 25-317), ch. 385, p. 2143, § 9, effective June 3; (4) amended, (SB 25-265), ch. 130, p. 512, § 6, effective July 1.
Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-30-2305. Inflation reduction act elective pay - central submission of applications - cash fund - definition. (1) In addition to the powers, duties, and functions of the office specified in section 24-30-2303, the office shall review and coordinate state agencies' elective pay applications and work with the office of the state controller to coordinate central submissions of elective pay applications. The office shall advise and provide technical assistance to state agencies on all aspects of elective pay to the extent feasible. State agencies shall submit elective pay applications directly to the office of the state controller.
(2) (a) The inflation reduction act elective pay cash fund, referred to in this section as the cash fund, is created in the state treasury. The cash fund consists of money received by the state or state agencies pursuant to the elective pay provisions of the federal Inflation Reduction Act of 2022, Pub.L. 117-169, 136 Stat. 1818 (2022), all of which must be deposited into the cash fund, and any other money that the general assembly may appropriate or transfer to the cash fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the cash fund to the cash fund. Any unexpended and unencumbered money remaining in the cash fund at the end of a fiscal year shall remain in the cash fund.
(c) Money in the cash fund is continuously appropriated to the department to be used for the purposes specified in this part 23.
(3) The department may solicit, accept, and expend gifts, grants, and donations for the purposes specified in this part 23. The department shall credit any gifts, grants, and donations to the cash fund.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1088, § 1, effective May 17.
ARTICLE 31
Department of Law
PART 1
ATTORNEY GENERAL
24-31-101. Powers and duties of attorney general. (1) The attorney general:
(a) Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5;
(b) Shall appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor;
(c) Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested;
(d) Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the:
(I) General assembly, or either the house of representatives or the senate;
(II) Governor;
(III) Lieutenant governor;
(IV) Secretary of state;
(V) State treasurer;
(VI) Executive director of the department of revenue; or
(VII) Commissioner of education.
(e) Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12;
(f) May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102;
(g) May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5);
(h) Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments;
(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
(I) The Colorado Antitrust Act of 1992 or the Colorado State Antitrust Act of 2023, article 4 of title 6;
(II) The Colorado Consumer Protection Act, article 1 of title 6;
(III) The Unfair Practices Act, article 2 of title 6;
(IV) Article 12 of title 6;
(V) Section 6-1-110;
(VI) Section 11-51-603.5;
(VII) Section 11-61-102;
(VIII) Section 24-34-505.5;
(IX) Section 25.5-4-306;
(X) Article 4 of title 8, subject to section 24-31-1303 (2);
(XI) The Colorado Employment Security Act, articles 70 to 82 of title 8, subject to section 24-31-1303 (1);
(XII) The Immigrant Tenant Protection Act in part 12 of article 12 of title 38;
(XIII) The Mobile Home Park Act in part 2 of article 12 of title 38;
(XIV) The Mobile Home Park Act Dispute Resolution and Enforcement Program in part 11 of article 12 of title 38;
(XV) Part 1 of article 12 of title 38;
(XVI) Part 7 of article 12 of title 38;
(XVII) The Rental Application Fairness Act, part 9 of article 12 of title 38;
(XVIII) The Reproductive Health Equity Act, part 4 of article 6 of title 25;
(XIX) Part 15 of article 5 of title 25;
(XX) Part 5 of article 12 of title 38;
(XXI) Part 12 of article 4 of title 29;
(XXII) Part 14 of article 12 of title 38;
(XXIII) Section 24-34-806;
(XXIV) Section 13-1-140.1;
(XXV) Repealed.
(XXVI) Article 116 of title 24.
(XXVII) [Editor's note: For the applicability of this subsection (1)(i)(XXVII) on or after January 1, 2026, see the editor's note following this section.] The Colorado Voting Rights Act, article 47 of title 1.
(XXVIII) Beginning January 1, 2026, part 4 of article 12 of title 38;
(XXIX) Beginning January 1, 2026, part 8 of article 12 of title 38;
(XXX) Beginning January 1, 2026, part 10 of article 12 of title 38; and
(XXXI) Section 13-16-126.
(j) Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title 24;
(k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law;
(l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state;
(m) Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee's official or individual capacity if the action or proceeding arises out of performance of the employee's official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105;
(n) Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h);
(o) Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136.
(p) May bring a civil action to enforce section 24-31-113;
(q) May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3);
(r) May enter into interagency agreements pursuant to section 6-1-116 (4);
(s) May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the Colorado False Claims Act, part 12 of this article 31;
(t) May bring a civil action to enforce section 25-7-144;
(u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment;
(v) May expend money, manage staff, and perform other administrative functions essential for the operation of a district attorney's office when appointed by executive order of the governor; and
(w) May conduct jail assessments in collaboration with the jail standards advisory committee, created pursuant to section 30-10-530, pursuant to section 24-31-118.
(2) The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes.
(3) and (4) Repealed.
(5) The attorney general shall conduct enforcement actions authorized by Senate Bill 25-020, if any, within existing appropriations.
Source: L. 41: § 79, § 49. CSA: C. 3, § 49. CRS 53: § 3-9-1. C.R.S. 1963: § 3-9-1. L. 64: p. 119, § 15. L. 65: p. 144, § 1. L. 75: (1)(a) amended, p. 215, § 45, effective July 16. L. 77: (1)(e) added, p. 1183, § 1, effective May 26; (1)(a) and (1)(b) amended, p. 263, § 2, effective June 2. L. 79: (4) amended, p. 968, § 3, effective June 15. L. 81: (5) added, p. 1166, § 1, effective May 26; (1)(f) added, p. 671, § 3, effective July 1; (2) repealed, p. 339, § 2, effective July 1. L. 83: (1)(c) amended, p. 835, § 43, effective July 1. L. 94: (6) added, p. 565, § 11, effective April 6. L. 2004: (4.5) added, p. 620, § 2, effective July 1. L. 2006: (1)(f) amended, p. 762, § 22, effective July 1. L. 2014: (4.7) added, (HB 14-1380), ch. 376, p. 1794, § 4, effective July 1. L. 2016: (1)(a), (1)(b), (1)(c), (1)(d), (3), and (4) amended, (HB 16-1094), ch. 94, p. 263, § 1, effective August 10. L. 2019: (1)(f) amended, (HB 19-1172), ch. 136, p. 1688, § 127, effective October 1. L. 2020: (3) and (4) added, (SB 20-217), ch. 110, p. 457, § 9, effective June 19; entire section R&RE, (SB 20-063), ch. 12, p. 49, § 2, effective September 14. L. 2021: (1)(n) amended, (1)(p) and (1)(q) added, and (3) and (4) repealed, (HB 21-1250), ch. 458, p. 3065, § 10, effective July 6. L. 2022: (1)(i) amended, (SB 22-161), ch. 370, p. 2637, § 13, effective August 10; (1)(i) amended, (SB 22-228), ch. 407, p. 2883, § 2, effective August 10; (1)(i) amended, (HB 22-1082), ch. 166, p. 1026, § 2, effective August 10; (1)(p) and (1)(q) amended and (1)(r) added, (SB 22-157), ch. 154, p. 982, § 2, effective August 10; (1)(p) and (1)(q) amended and (1)(t) added, (SB 22-179), ch. 485, p. 3521, § 1, effective August 10; (1)(p) and (1)(q) amended and (1)(s) added, (HB 22-1119), ch. 394, p. 2778, § 1, effective August 10; (1)(i) amended, (HB 22-1287), ch. 255, p. 1855, § 1, effective October 1. L. 2023: (1)(i)(XVI) and (1)(i)(XVII) amended and (1)(i)(VXIII) added, (SB 23-188), ch. 68, p. 250, § 21, effective April 14; (1)(s) and (1)(t) amended and (1)(u) added, (HB 23-1257), ch. 376, p. 2257, § 4, effective June 5; (1)(i)(I) amended, (HB 23-1192), ch. 427, p. 2518, § 4, effective June 7; (1)(e) amended, (HB 23-1250), ch. 432, p. 2537, § 1, effective August 7; (1)(i)(XVII) amended, (HB 23-1099), ch. 151, p. 642, § 5, effective August 7. L. 2024: (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XX) added, (SB 24-094), ch. 158, p. 729, § 12, effective May 3; (1)(t) and (1)(u) amended and (1)(v) added, (HB 24-1118), ch. 73, p. 241, § 1, effective April 17; (1)(t) and (1)(u) amended and (1)(w) added, (HB 24-1054), ch. 328, p. 2218, § 5, effective June 3; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XXII) added, (HB 24-1294), ch. 399, p. 2750, § 19, effective June 30; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XIX) added, (HB 24-1081), ch. 72, p. 240, § 3, effective July 1; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XXI) added, (HB 24-1175), ch. 286, p. 1918, § 2, effective August 7; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XXIII) added, (HB 24-1342), ch. 477, p. 3344, § 3, effective January 1, 2025. L. 2025: (1)(i)(XXII) amended and (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) added, (SB 25-129), ch. 96, p. 439, § 6, effective April 24; (1)(i)(XXII) and (1)(i)(XXIII) amended and (1)(i)(XXVII) added, (SB 25-001), ch. 178, p. 759, § 12, effective August 6; (1)(i)(XXII) amended and (1)(i)(XXVIII), (1)(i)(XXIX), (1)(i)(XXX), and (5) added, (SB 25-020), ch. 264, p. 1354, § 2, effective August 6; (1)(i)(XXII) and (1)(i)(XXIII) amended and (1)(i)(XXXI) added, (HB 25-1329), ch. 407, p. 2321, § 3, effective August 6; (1)(i)(XXV) repealed, (SB 25-300), ch. 428, p. 2449, § 30, effective August 6.
Editor's note: (1) Amendments to this section by SB 20-063 and SB 20-217 were harmonized.
(2) Amendments to subsection (1)(i) by SB 22-161, SB 22-228, HB 22-1082, and HB 22-1287 were harmonized.
(3) Amendments to subsections (1)(p) and (1)(q) by SB 22-157, SB 22-179, and HB 22-1119 were harmonized.
(4) Amendments to subsection (1)(i)(XVII) by HB 23-1099 and SB 23-188 were harmonized.
(5) Subsections (1)(i)(XVII) and (1)(i)(XVIII) were amended in HB 24-1342, effective January 1, 2025. However, those amendments were superseded by the amendments to subsections (1)(i)(XVII) and (1)(i)(XVIII) in SB 24-094, effective May 3, 2024, HB 24-1294, effective June 30, 2024, HB 24-1081, effective July 1, 2024, and HB 24-1175, effective August 7, 2024.
(6) Section 16(2) of chapter 178 (SB 25-001), Session Laws of Colorado 2025, provides that the act changing this section applies to elections and election-related activities occurring on or after January 1, 2026.
Cross references: (1) For legal services provided by the office of the attorney general to the board of assessment appeals, see § 39-2-127 (3); for the salary of the attorney general, see § 24-9-101; for discretionary funds of the attorney general, see § 24-9-105; for the election of the attorney general, see § 3 of art. IV, Colo. Const., and § 1-4-204.
(2) For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020. For the legislative declaration in HB 22-1082, see section 1 of chapter 166, Session Laws of Colorado 2022. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1081, see section 1 of chapter 72, Session Laws of Colorado 2024.
24-31-102. Offices, boards, and divisions. (1) The department of law, the chief executive officer of which is the attorney general, includes the following:
(a) The office of the attorney general;
(b) The office of the solicitor general;
(c) The division of consumer protection;
(d) The division of criminal justice;
(e) The division of civil protections and rights;
(f) The administrator of the uniform consumer credit code, created in section 5-6-103;
(g) The medicaid fraud control unit, created in section 24-31-802;
(h) The peace officers standards and training board, created in section 24-31-302;
(i) The financial empowerment office, created in part 11 of this article 31;
(j) The fair housing unit;
(k) The worker and employee protection unit, created in part 13 of this article 31; and
(l) Notwithstanding section 24-1-107, any other division, office, or unit established by the attorney general or by law.
(2) The division of criminal justice, established under this section, or any attorney in the department authorized by the attorney general, shall prosecute all criminal cases for the attorney general and shall perform other functions as may be required by the attorney general. The attorney general shall appoint a deputy attorney general as chief of the division, who must be a licensed attorney with a minimum of two years of criminal experience as a trial or appellate prosecutor.
Source: L. 41: p. 79, § 49. CSA: C. 3, § 49. CRS 53: § 3-9-2. C.R.S. 1963: § 3-9-2. L. 67: p. 433, § 15. L. 68: pp. 126, 143, §§ 132, 181. L. 73: pp. 174, 1476, §§ 1, 38. L. 84: (1)(c) added, p. 1047, § 3, effective July 1. L. 92: IP(1) amended and (1)(d) added, p. 1091, § 2, effective March 6. L. 93: (1)(c) repealed, p. 975, § 3, effective July 1. L. 94: IP(1) and (1)(d) amended, p. 1725, § 2, effective May 31. L. 2020: Entire section amended, (SB 20-063), ch. 12, p. 50, § 3, effective September 14. L. 2021: (1)(g) and (1)(h) amended and (1)(i) added, (SB 21-148), ch. 315, p. 1949, § 2, effective July 1. L. 2022: (1)(h) amended, (1)(i) repealed, and (1)(j) and (1)(k) added, (SB 22-161), ch. 370, p. 2638, § 14, effective August 10; (1)(h) and (1)(i) amended and (1)(k) added, (HB 22-1082), ch. 166, p. 1026, § 3, effective August 10. L. 2023: (1) amended, (SB 23-247), ch. 359, p. 2145, § 1, effective August 7.
Editor's note: Amendments to subsection (1)(i) by SB 22-161 and HB 22-1082 were harmonized.
Cross references: For the legislative declaration in HB 22-1082, see section 1 of chapter 166, Session Laws of Colorado 2022.
24-31-103. Chief deputy attorney general - powers. The attorney general shall appoint a chief deputy attorney general, who has the authority to act for the attorney general in all matters except in respect to such duties as devolve upon the attorney general by virtue of the state constitution.
Source: L. 05: p. 156, § 1. R.S. 08: § 2563. C.L. § 7918. CSA: C. 66, § 56. CRS 53: § 3-9-3. C.R.S. 1963: § 3-9-3. L. 2020: Entire section amended, (SB 20-063), ch. 12, p. 51, § 4, effective September 14.
24-31-103.5. Solicitor general - creation - powers. (1) The attorney general shall appoint a solicitor general, who has the authority to represent the state in matters before the courts under the attorney general's supervision. The solicitor general must be an attorney-at-law in good standing, and must have been an active and licensed attorney in Colorado for at least five years preceding his or her appointment by the attorney general.
(2) The solicitor general, with the consent of the attorney general, may appoint assistant solicitors general as deemed necessary by the solicitor general.
Source: L. 2020: Entire section added, (SB 20-063), ch. 12, p. 51, § 5, effective September 14.
24-31-104. Appointment of subordinate officers and employees. (Repealed)
Source: L. 41: p. 81, § 50. CSA: C. 3, § 50. CRS 53: § 3-9-4. C.R.S. 1963: § 3-9-4. L. 2020: Entire section repealed, (SB 20-063), ch. 12, p. 57, § 14, effective September 14.
24-31-104.5. Funding for insurance fraud investigations and prosecutions - creation of fund. (1) (a) For the purpose of providing adequate funds to the Colorado department of law for the investigation and prosecution of allegations of insurance fraud, in addition to any other fee collected pursuant to section 10-3-207 (1), C.R.S., each entity regulated by the division of insurance shall pay to the division a nonrefundable annual fee. Based upon the appropriations made to the department of law from the insurance fraud cash fund and the recommendation of the attorney general, the commissioner of insurance shall set the fee so that the revenue generated from the fee approximates the direct and indirect costs of the investigation and prosecution of allegations of insurance fraud. The fee shall not exceed three thousand dollars and is payable on or before March 1 of each year.
(b) The commissioner of insurance shall establish a tiered fee schedule that sets the annual fee required by paragraph (a) of this subsection (1) based upon the prior year's direct written premiums, gross contract funds, or charges received in Colorado by each regulated entity. The regulated entities with direct written premiums, gross contract funds, or charges received in Colorado in excess of one million dollars shall pay one fee, and the regulated entities with one million dollars or less shall pay a lesser fee.
(2) The division of insurance shall transmit fees collected pursuant to subsection (1) of this section to the state treasurer for deposit in the insurance fraud cash fund, which fund is hereby created in the state treasury. The fund consists of fees collected pursuant to this section and any other moneys deposited into the fund. Interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the department of law for use in investigating and prosecuting allegations of insurance fraud. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year remain in the fund and do not revert to the general fund.
(3) Repealed.
Source: L. 2012: Entire section added, (SB 12-110), ch. 158, p. 559, § 1, effective July 1. L. 2017: (3) amended, (SB 17-233), ch. 175, p. 637, § 2, effective August 9. L. 2024: (3) repealed, (SB 24-135), ch. 34, p. 111, § 15, effective March 22.
Editor's note: This section is similar to former § 10-3-207.5 as it existed prior to 2012.
24-31-105. Criminal enforcement section. (Repealed)
Source: L. 83: Entire section added, p. 903, § 2, effective July 1. L. 96: Entire section amended, p. 737, § 9, effective July 1. L. 2020: Entire section repealed, (SB 20-063), ch. 12, p. 57, § 14, effective September 14.
24-31-106. Rights of crime victims - victims' services coordinator. (1) To ensure that the constitutional and statutory rights of victims are preserved in criminal cases being prosecuted or defended by the department, the attorney general may appoint, in accordance with section 13 of article XII of the state constitution, a victims' services coordinator.
(2) The victims' services coordinator shall perform such services as designated by the attorney general to ensure that victims of crime are afforded the rights described in section 24-4.1-302.5 with regard to criminal cases being prosecuted or defended by the department.
(3) The attorney general may further direct the victims' services coordinator to provide appropriate services to the victims of crime, as defined by section 18-1-104 (1), whose cases are being handled on appeal by the department.
(4) The position of victims' services coordinator is subject to the state personnel system and shall be properly classified under the state personnel director's classification system.
Source: L. 95: Entire section added, p. 529, § 1, effective May 16. L. 2020: Entire section amended, (SB 20-063), ch. 12, p. 52, § 6, effective September 14.
24-31-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of law or any authorized agent of such department shall require the applicant's name, address, and social security number.
(2) The department of law or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of law, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of law or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department of law shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of law and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.
(b) The appropriate rule-making body of the department of law is authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any recognition, authority, or permission that the department of law or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. License may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1279, § 21, effective July 1.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
24-31-108. Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition. (1) Any money received by the attorney general belonging to the state or received by the attorney general in his or her official capacity must be paid as soon as practicable to the department of the treasury and, generally, the attorney general has such legal duties in regard to the activities of the state and its various departments, boards, commissions, bureaus, and agencies as are imposed by law.
(2) (a) Except as otherwise provided in this section, any money received by the attorney general and paid to the department of the treasury pursuant to subsection (1) of this section is subject to annual appropriation by the general assembly.
(b) The department may solicit, accept, and expend gifts, grants, and donations from public and private sources for the purpose of this article 31; except that the department may not accept a gift, grant, or donation that is subject to conditions inconsistent with this article 31 or any other law of the state. The department shall transmit all money it collects pursuant to this subsection (2)(b) to the state treasurer to be credited to the particular fund the department deems most appropriate. Gifts, grants, or donations that are credited to a fund under this subsection (2)(b) and that qualify as state money are continuously appropriated to the department for the purposes of this article 31.
(3) Any money received by the attorney general as an award of attorney fees or costs that is not custodial money must be placed in a separate attorney fees and costs account and is subject to annual appropriation by the general assembly for legal services provided by the department.
(4) There is hereby created in the state treasury the legal services cash fund, also referred to in this subsection (4) as the fund. The department shall transmit all money received from state agencies as payment for legal services to the state treasurer, who shall credit the same to the fund. The money in the fund and all interest earned on such money is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with providing legal services to state governmental entities and for any of the department's litigation expenses. Any unexpended money in the fund at the end of the fiscal year remains in the fund and shall not be credited or transferred to any other fund.
(4.5) Repealed.
(5) If all or a portion of any money received by the attorney general and paid to the department of the treasury pursuant to subsection (2) of this section is custodial money, the attorney general shall direct the state treasurer in writing to place such custodial money in a separate account. Any custodial money placed in a separate account pursuant to this subsection (5) is not subject to annual appropriation by the general assembly. A copy of the written direction to the state treasurer must be delivered to the joint budget committee. Such written direction must set forth the basis for the attorney general's determination that the money is custodial money and must specify the manner in which the money will be expended. Such written direction must be given to the state treasurer within thirty days after the date the money is paid to the department of the treasury. Any custodial money placed in a separate account pursuant to this subsection (5) must be expended only for the purposes for which the money has been provided. The department shall provide with its annual budget request an accounting of how custodial money has been or will be expended. For informational purposes, the expenditure of such money may be indicated in the annual general appropriation act.
(6) (a) As used in this section, unless the context otherwise requires, custodial money means money received by the attorney general:
(I) That originated from a source other than the state of Colorado;
(II) That is awarded or otherwise provided to the state for a particular purpose;
(III) For which the state is acting as a custodian or trustee to carry out the particular purpose for which the money has been provided.
(b) Notwithstanding subsection (6)(a) of this section, custodial money does not include the following:
(I) Money in the tobacco litigation settlement cash fund created in section 24-22-115; or
(II) Tobacco litigation settlement money subject to appropriation or expenditure pursuant to section 24-22-115.6.
Source: L. 2000: Entire section added, p. 257, § 1, effective March 31. L. 2012: (1) amended and (2.5) added, (HB 12-1248), ch. 37, p. 133, § 1, effective July 1. L. 2014: (1)(b) amended, (SB 14-107), ch. 49, p. 228, § 1, effective August 6. L. 2016: IP(4)(b) and (4)(b)(I) amended and (4)(b)(II) repealed, (HB 16-1408), ch. 153, p. 464, § 8, effective July 1. L. 2020: Entire section amended, (SB 20-063), ch. 12, p. 52, § 7, effective September 14. L. 2024: (4.5) added, (HB 24-1425), ch. 139, p. 514, § 1, effective April 29.
Editor's note: Subsection (4.5)(b) provided for the repeal of subsection (4.5), effective July 1, 2025. (See L. 2024, p. 514.)
24-31-108.5. Use of funds for unanticipated legal needs. The department may use money appropriated to the department for litigation management to address unanticipated state legal needs that arise during the state fiscal year for which the money is appropriated; except that the department shall not use the money reallocated in accordance with this section for any type of salary increase, promotion, reclassification, or bonus related to any present or future department employee, or to offset present or future personal services deficits in any division in the department.
Source: L. 2023: Entire section added, (SB 23-235), ch. 97, p. 364, § 1, effective April 20.
24-31-109. Attorney general to provide identification cards to retired peace officers upon request - definitions. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 257, § 2 effective August 7. L. 2020: Entire section repealed, (SB 20-063), ch. 12, p. 57, § 14, effective September 14.
Cross references: For current provisions relating to the attorney general providing identification cards to retired peace officers, see § 24-31-316.
24-31-110. Department of law - investigate prescription insulin drug pricing - report - repeal. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1216), ch. 248, p. 2419, § 3, effective August 2.
Editor's note: Subsection (5) provided for the repeal of this section, effective December 1, 2020. (See L. 2019, p. 2419.)
Cross references: For the legislative declaration in HB 19-1216, see section 1 of chapter 248, Session Laws of Colorado 2019.
24-31-111. Legal services to state agencies - definitions. (1) The attorney general shall provide legal services for each state agency as provided in section 24-31-101. The attorney general shall assign one or more deputy attorneys general or assistant attorneys general to perform legal services for each state agency requiring such services.
(2) No state agency shall appoint, solicit, or employ any person to perform legal services except in accordance with this part 1.
(3) Legal services provided to state agencies are subject to supervision of the attorney general and must be rendered in accordance with the legal policies of the state as determined by the attorney general.
(4) No assistant solicitor general, deputy attorney general, or assistant attorney general may appear in any court of this state or of the United States on behalf of a state agency unless specifically authorized to so appear by the attorney general.
(5) Whenever the attorney general is unable, has failed, or refuses to provide legal services to a state agency, as determined by the governor if the agency is in the executive branch, or by the chief justice if the agency is in the judicial branch, or by the state auditor if the agency is the office of the state auditor, the agency may employ counsel of its choosing to provide such legal services. Any expense incurred due to the employment of counsel pursuant to this subsection (5) is a lawful charge against appropriations for this purpose made by the general assembly to the department of law.
(6) As used in this section:
(a) Legal services means providing legal counsel by an attorney-at-law for a state agency, including representation in court, providing legal advice, and issuance of formal and informal legal opinions.
(b) State agency means any department, division, section, unit, office, officer, commission, board, institution, institution of higher education, or other agency of the executive department and judicial department of state government. State agency does not mean the legislative department except for the state auditor in accordance with section 2-3-104.5.
Source: L. 2020: Entire section added, (SB 20-063), ch. 12, p. 54, § 8, effective September 14.
24-31-112. No limitations on common law authority. Nothing in Senate Bill 20-063, enacted in 2020, is to be construed as affecting, limiting, or supplanting the common law authority of the attorney general or the department of law.
Source: L. 2020: Entire section added, (SB 20-063), ch. 12, p. 55, § 9, effective September 14.
24-31-113. Public integrity - patterns and practices. It is unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by peace officers or by officials or employees of any governmental agency that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. Whenever the attorney general has reasonable cause to believe that a violation of this section has occurred, the attorney general, for or in the name of the state of Colorado, may in a civil action obtain any and all appropriate relief to eliminate the pattern or practice. Before filing suit, the attorney general shall notify the government authority or any agent thereof, and provide it with the factual basis that supports his or her reasonable cause to believe a violation occurred. Upon receipt of the factual basis, the government authority, or any agent thereof, has sixty days to change or eliminate the identified pattern or practice. If the identified pattern or practice is not changed and permanently eliminated after sixty days, the attorney general may file a civil lawsuit. The attorney general may issue subpoenas for any purpose in conducting an investigation under this section.
Source: L. 2020: Entire section added, (SB 20-217), ch. 110, p. 458, § 13, effective June 19. L. 2021: Entire section amended, (HB 21-1250), ch. 458, p. 3065, § 12, effective July 6.
Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-31-114. No-knock and forced entry study group - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21-1250), ch. 458, p. 3070, § 21, effective July 6.
Editor's note: Subsection (6) provided for the repeal of this section, effective June 30, 2022. (See L. 2021, p. 3070.)
24-31-115. Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties. (1) When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the attorney general may investigate any person or organization subject to this article 31. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in this section limits the scope of the attorney general's authority to review and investigate potential violations of law or harm discovered in the course of an investigation.
(2) Nothing in this section impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the authority that may be exercised by the attorney general under section 11-51-603.5.
(3) Venue for actions. Until the Colorado supreme court adopts a venue provision relating to this article 31, actions instituted pursuant to this article 31 may be brought in any county in which:
(a) An alleged violation occurred or in which any portion of a transaction involving an alleged violation occurred;
(b) The principal place of business of any defendant is located; or
(c) Any defendant resides.
(4) Powers. (a) When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101, the attorney general may:
(I) Request the person to file a statement or a report in writing, under oath or otherwise, on forms prescribed by the attorney general, with respect to all facts and circumstances concerning the advertisement of property by the person and any other data and information the attorney general deems necessary;
(II) Examine under oath any person in connection with the sale or advertisement of any property;
(III) Examine any property or sample thereof, record, book, document, account, or paper the attorney general deems necessary; and
(IV) Make true copies, at the expense of the attorney general, of any record, book, document, account, or paper examined pursuant to subsection (4)(c) of this section, which copies may be offered into evidence in lieu of producing the originals in any actions brought by the attorney general.
(b) For purposes of this section, reasonable cause is based upon a complaint concerning a potential violation of the law when the attorney general believes the alleged violation may affect more than one person or be part of a series of related violations affecting multiple persons.
(c) Any request for personally identifiable information made pursuant to this subsection (4) is subject to the requirements of subsection (5) of this section.
(5) Subpoenas - production of documents. (a) When the attorney general has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101, the attorney general, in addition to any other powers conferred upon the attorney general by this article 31, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this article 31.
(b) Service of any notice or subpoena must be made in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.
(c) If the records of a person who has been issued a subpoena are located outside this state, the person shall either:
(I) Make them available to the attorney general at a convenient location within this state; or
(II) Pay the reasonable and necessary expenses for the attorney general or district attorney, or the attorney general's or district attorney's designee, to examine the records at the location at which the documents are maintained.
(d) The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney.
(6) Inadmissible testimony. (a) Any testimony obtained by the attorney general pursuant to compulsory process under this article 31 or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so compelled to testify. This subsection (6) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
(b) Subject to subsection (8) of this section, the records of investigations or intelligence information of the attorney general obtained under this article 31 may constitute public records available for inspection by the public at the sole discretion of the attorney general. This subsection (6)(b) shall not be construed to prevent the attorney general from issuing public statements describing or warning of any course of conduct or any conspiracy that constitutes a violation of any of the provisions listed in section 24-31-101, whether on a local, statewide, regional, or nationwide basis.
(7) Remedies. If any person fails to cooperate with any investigation pursuant to this article 31 or fails to obey any subpoena pursuant to this article 31, the attorney general may apply to the applicable district court for an appropriate order to effect the purposes of this article. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this article 31. If the court is satisfied that reasonable grounds exist, the court in its order may:
(a) Grant injunctive relief restraining the advertisement of any property by such person;
(b) Require the attendance of or the production of documents by such person, or both; or
(c) Grant such other or further relief as may be necessary to obtain compliance by such person.
(8) Injunctive authority - assurances of discontinuance. (a) Whenever the attorney general has cause to believe that a person has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101, the attorney general may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the person from continuing or engaging in such practices, or doing any act in furtherance of such practices. The court may make such orders or judgments as is necessary to:
(I) Prevent the use or employment by such person of any such practices;
(II) Completely compensate or restore the original position of any person injured by means of any such practice; or
(III) Prevent any unjust enrichment by any person through the use or employment of any practice that is in violation of any of the provisions listed in section 24-31-101.
(b) Where the attorney general has authority to institute a civil action or other proceeding pursuant to the provisions of this article, the attorney general may accept, in lieu thereof or as a part thereof, an assurance of discontinuance of any practice that constitutes a violation of any of the provisions that are listed in section 24-31-101. Any such assurance of discontinuance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of any action or proceeding by the attorney general or a district attorney and any amount necessary to restore to any person any money or property that may have been acquired by the alleged violator by means of a violation of any of the provisions that are listed in section 24-31-101. Any such assurance or discontinuance accepted by the attorney general and any such stipulation filed with the court as a part of any such action or proceeding is a matter of public record unless the attorney general determines, in the attorney general's sole discretion, that the assurance of discontinuance and any stipulation are confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action by the attorney general alleging that a confidential assurance of discontinuance or stipulation accepted pursuant to this subsection (8)(b) has been violated, the assurance of discontinuance or stipulation is deemed a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general, whether a new action or a subsequent motion or petition in any pending action or proceeding.
(9) Penalties. In order to enforce the provisions of this article 31, in addition to any penalties stated in this article 31, the attorney general may seek any of the penalties or other enforcement mechanisms specified in article 12 of title 38, including any penalties available to aggrieved tenants or other aggrieved persons under these provisions, along with costs to enforce these provisions.
(10) Limitations. All actions brought under this article 31 must be commenced within three years after the date on which a violation occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer discovered or in the exercise of reasonable diligence should have discovered the violation. The period of limitation provided in this section may be extended for a period of one year if the attorney general proves that failure to timely commence the action was caused by the defendant engaging in conduct calculated to induce the attorney general to refrain from or postpone the commencement of the action.
Source: L. 2022: Entire section added, (HB 22-1082), ch. 166, p. 1027, § 4, effective August 10. L. 2025: IP(4)(a), (5)(a), (6)(b), IP(8)(a), (8)(a)(III), (8)(b), and (9) amended, (SB 25-020), ch. 264, p. 1355, § 3, effective August 6.
Cross references: For the legislative declaration in HB 22-1082, see section 1 of chapter 166, Session Laws of Colorado 2022.
24-31-116. Online fentanyl trafficking - study - report - appropriation - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1661, § 39, effective July 1.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2023. (See L. 2022, p. 1661.)
24-31-117. Hiring committee when attorney general to operate district attorney's office due to a vacancy. If, during the course of performing the attorney general's duties pursuant to section 24-31-101 (1)(v), it is essential for the attorney general to hire personnel at the district attorney's office, the attorney general shall establish a hiring committee consisting of the attorney general, a representative from the Colorado district attorneys' council, and the highest ranking attorney or official at the district attorney's office to make recommendations regarding hiring decisions. The committee may recommend that the hiring of personnel by the attorney general is conditional upon the review and approval of the person appointed to fill the vacant district attorney position. The attorney general retains the ultimate authority regarding hiring decisions while acting pursuant to section 24-31-101 (1)(v) but must consider the recommendations of the committee in making hiring decisions.
Source: L. 2024: Entire section added, (HB 24-1118), ch. 73, p. 241, § 2, effective April 17.
24-31-118. Jail standard assessments - repeal. (1) (a) The attorney general, in collaboration with the advisory committee, pursuant to section 30-10-530 (5)(d), may conduct assessments of each county jail to identify gaps and deficiencies based on the jail standards.
(b) Starting July 1, 2025, the governor or the oversight committee may make a written request to the attorney general to conduct a special assessment of a jail, and the attorney general may conduct the special assessment of the jail.
(c) An elected sheriff may request that the attorney general conduct a special assessment of a jail that the sheriff oversees to determine whether the jail meets the jail standards. The attorney general may conduct the special assessment if the attorney general has sufficient appropriations to cover the costs. The attorney general may request an appropriation during the figure setting process to conduct special assessments.
(d) The attorney general may enter into a memorandum of understanding, collaborate, or enter into an agreement with a county sheriff, except for a county sheriff whose jail is being evaluated, or establish some other peer review group structure to assist in conducting the assessments and reports described in section 24-31-118 (1) and (2).
(2) The attorney general's office shall create a report for each of the jails assessed by the attorney general's office and provide the report to the sheriff whose jail was assessed, the oversight committee, the board of county commissioners in the county where the jail is located, the county sheriffs of Colorado, and the governor. The report may include methodology, relevant data, recommendations, and technical assistance to meet the jail standards. A report produced pursuant to this section is not subject to the Colorado open records act. The attorney general may release a report at the attorney general's discretion, and a county sheriff may release a report relating to the county sheriff's jail after consent from the attorney general's office.
(3) Following a jail assessment or special assessment, the attorney general may provide technical assistance and recommendations to meet the jail standards and address any deficiencies.
(4) (a) The attorney general's office, during its SMART Act hearing, as required by section 2-7-203, shall include in its report the total number of complaints received through the complaint process as designated by the attorney general's office regarding jail standards violations and the number of complaints received per topic and provide a summary of the assessments and special assessments completed in the previous year.
(b) This subsection (4) is repealed, effective September 1, 2033.
(5) Sections 2-3-1901, 2-3-1901.5, 24-31-118, and 30-10-530 do not in any way limit or restrict the attorney general's authority to investigate patterns or practices pursuant to section 24-31-113, including but not limited to any noncompliance with jail standards that constitutes a pattern or practice of conduct that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado.
(6) As used in this section:
(a) Advisory committee means the jail standards advisory committee created pursuant to section 30-10-530.
(b) Jail standards means the jail standards adopted by the legislative oversight committee concerning Colorado jail standards pursuant to section 2-3-1901 (2) and any subsequent revisions to the standards.
(c) Oversight committee means the legislative oversight committee for Colorado jail standards created in section 2-3-1901.
Source: L. 2024: Entire section added, (HB 24-1054), ch. 328, p. 2218, § 6, effective June 3.
24-31-119. Factually inaccurate data prevention campaign - repeal. (1) To prevent and combat the sharing and spreading of factually inaccurate data, the attorney general shall, at a minimum:
(a) Establish an initiative to encourage respectful engagement and discourse;
(b) Develop and share resources that can be used by schools, organizations, and community leaders to facilitate productive and honest conversations regarding statewide and national issues to help people find common ground; and
(c) Collaborate with organizations across the state to develop and update the materials that are used in connection with the resources and coordinate with the department of education to make the resources available to schools and school districts in the state.
(2) This section is repealed, effective July 1, 2026.
Source: L. 2024: Entire section added, (SB 24-084), ch. 412, p. 2841, § 1, effective June 5.
PART 2
SOLICITOR GENERAL
24-31-201 to 24-31-206. (Repealed)
Source: L. 2020: Entire part repealed, (SB 20-063), ch. 12, p. 57, § 14, effective September 14.
Editor's note: This part 2 was numbered as article 9 of chapter 3, C.R.S. 1963. For amendments to this part 2 prior to its repeal in 2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
PART 3
PEACE OFFICERS STANDARDS AND TRAINING
Cross references: For the legislative declaration contained in the 1992 act enacting this part 3, see section 12 of chapter 167, Session Laws of Colorado 1992.
24-31-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Applicant means any person seeking certification to serve as a peace officer or a reserve peace officer.
(1.5) Basic training means the basic law enforcement training received by a peace officer at any approved law enforcement training academy.
(2) Certification means the issuance to an applicant of a signed instrument evidencing that such applicant has met the requirements imposed by this part 3 and the P.O.S.T. board. Certification includes basic certification and provisional certification that shall be issued to peace officers, reserve certification that shall be issued to reserve peace officers, and such additional certifications as the board may approve for peace officers.
(3) (Deleted by amendment, L. 94, p. 1725, § 3, effective May 31, 1994.)
(3.5) Repealed.
(4) Local government representative means a member of a board of county commissioners, member of a city or town council or board of trustees, or mayor of a city or town or city and county.
(5) Peace officer means any person described in section 16-2.5-101, C.R.S., and who has not been convicted of a felony or convicted on or after July 1, 2001, of any misdemeanor as described in section 24-31-305 (1.5), or released or discharged from the armed forces of the United States under dishonorable conditions.
(5.3) P.O.S.T. board means the peace officers standards and training board created within the department of law in section 24-31-302.
(5.5) Reserve peace officer means any person described in section 16-2.5-110, C.R.S., and who has not been convicted of a felony or convicted on or after July 1, 2001, of any misdemeanor as described in section 24-31-305 (1.5), or released or discharged from the armed forces of the United States under dishonorable conditions.
(6) Training academy means any school approved by the P.O.S.T. board where peace officers and reserve peace officers receive instruction and training.
(7) Training program means a course of instruction approved by the P.O.S.T. board for peace officer or reserve peace officer certification and other peace officer training programs.
Source: L. 92: Entire part added, p. 1091, § 3, effective March 6. L. 94: Entire section amended, p. 1725, § 3, effective May 31. L. 96: (5) amended, pp. 1349, 1477, §§ 1, 42, effective June 1. L. 98: (2) and (5) amended, p. 749, § 1, effective May 22. L. 2003: (5) and (5.5) amended, p. 1619, § 29, effective August 6. L. 2005: (2), (5), (5.5), and (7) amended and (3.5) added, p. 112, § 1, effective August 8. L. 2012: (2) amended and (3.5) repealed, (HB 12-1163), ch. 50, p. 182, § 1, effective August 8. L. 2025: (5.3) added, (SB 25-275), ch. 377, p. 2060, § 139, effective August 6.
24-31-302. Creation of board - members. (1) There is hereby created, within the department of law, the peace officers standards and training board.
(2) The P.O.S.T. board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of law.
(3) (a) The P.O.S.T. board consists of twenty-four members. The chair of the P.O.S.T. board is the attorney general, and the board shall annually elect from its members a vice-chair. The other members shall be:
(I) The special agent in charge of the Denver division of the federal bureau of investigation;
(II) The executive director of the department of public safety or the executive director's designee;
(III) The following members appointed by the governor for terms of three years:
(A) One local government representative;
(B) Six active chiefs of police from municipalities of this state or state institutions of higher education;
(C) Six active sheriffs from counties of this state;
(D) Three active peace officers with a rank of sergeant or below; and
(E) Five non-law enforcement members. The non-law enforcement members shall complete a citizens' law enforcement academy prior to appointment or within one year after appointment.
(b) If any chief of police, sheriff, peace officer, non-law enforcement member, or local government representative vacates such office during the term for which the member was appointed to the P.O.S.T. board, a vacancy on the board exists. Any vacancy shall be filled by appointment by the governor for the unexpired term.
(c) In order to create a diversified board, the governor shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the board.
(d) In order to create diversified subject matter expertise committees, the chair of the P.O.S.T. board shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the committees.
(4) The members of the P.O.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.
Source: L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94: (1) and (3) amended and (4) added, p. 1727, § 4, effective May 31. L. 2003: (3) amended, p. 1715, § 1, effective May 14. L. 2008: (3) amended, p. 89, § 12, effective March 18. L. 2015: (3) amended, (HB 15-1287), ch. 213, p. 777, § 1, effective May 20. L. 2022: (3) amended, (SB 22-013), ch. 2, p. 47, § 59, effective February 25; (2) amended, (SB 22-162), ch. 469, p. 3353, § 9, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2060, § 140, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-31-303. Duties - powers of the P.O.S.T. board - definition. (1) The P.O.S.T. board has the following duties:
(a) To approve and to revoke the approval of training programs and training academies, and to establish reasonable standards pertaining to such approval and revocation;
(b) To conduct periodic evaluations of training programs and inspections of training academies;
(c) To establish procedures for determining whether or not an applicant has met the standards which have been set;
(d) To certify qualified applicants and withhold, suspend, or revoke certification;
(e) To certify inspectors of vehicle identification numbers, promulgate rules deemed necessary by the board for certification of inspectors of vehicle identification numbers, and approve related training courses;
(f) To require a background investigation of each applicant by means of fingerprint checks through the Colorado bureau of investigation and the federal bureau of investigation or such other means as the P.O.S.T. board deems necessary for such investigation;
(g) To promulgate rules and regulations deemed necessary by such board for the certification of applicants to serve as peace officers or reserve peace officers in the state pursuant to the provisions of article 4 of this title;
(h) To establish standards for training in bail recovery practices;
(i) To promulgate rules and regulations that establish the criteria that shall be applied in determining whether to recommend peace officer status for a group or specific position as provided in section 16-2.5-201 (4), C.R.S.;
(j) To establish standards for training of school resource officers, as described in section 24-31-312;
(k) To establish training standards to prepare law enforcement officers to recognize and address incidents of abuse and exploitation of at-risk elders, as described in sections 18-6.5-102 (1) and (10), C.R.S.;
(l) To promulgate rules deemed necessary by the board concerning annual in-service training requirements for certified peace officers, including but not limited to evaluation of the training program and processes to ensure substantial compliance by law enforcement agencies, departments, and individual peace officers;
(m) In addition to all other powers conferred and imposed upon the board in this article, the board has the power and duty to adopt and promulgate, under the provisions of section 24-4-103, rules as the board may deem necessary or proper to carry out the provisions and purposes of this article, which rules must be fair, impartial, and nondiscriminatory;
(n) To complete a review and evaluation of the basic academy curriculum, including using community outreach as a review and evaluation component, by July 1, 2016, and every five years thereafter;
(o) (I) To establish, add, and remove, as necessary, subject matter expertise committees to:
(A) Develop skills training programs, academic curriculums, and P.O.S.T. board rules;
(B) Review documents for and approve or deny academy programs, lesson plans, training sites, and skills instructors; and
(C) Assist P.O.S.T. board staff with academy inspections and skills test-outs;
(II) (A) In order to create diversified subject matter expertise committees, the chair of the P.O.S.T. board shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the committees.
(B) If available, each subject matter committee shall include at least two non-law enforcement members who have law enforcement expertise or expertise in providing effective training through professional experience or subject matter training.
(p) To develop a community outreach program that informs the public of the role and duties of the P.O.S.T. board;
(q) To develop a recruitment program that creates a diversified applicant pool for appointments to the P.O.S.T. board and the subject matter expertise committees; and
(r) Subject to available appropriations, beginning on January 1, 2022, to create and maintain a database related to a peace officer's conduct pursuant to the provisions of section 24-31-321.
(s) To collaborate with the commission on improving first responder interactions with persons with disabilities, in the manner described in part 10 of this article 31.
(t) By January 1, 2022, to adopt procedures to allow a peace officer to seek review of the peace officer's status in the database created pursuant to subsection (1)(r) of this section based on the peace officer's presentation of new evidence to show the peace officer's record may be removed from the database.
(u) To develop a live virtual training program for peace officers on the implementation of section 19-2.5-203 (8) to ensure uniform enforcement of the law. The state shall provide this training on at least ten different dates prior to February 28, 2024. The state shall cover any reasonable direct costs to local law enforcement agencies associated with the training. Notwithstanding section 24-31-310 (3), the general assembly may appropriate money from the general fund to carry out the purposes of this subsection (1)(u). The training must include, at a minimum, education for peace officers on:
(I) Understanding juvenile development and culture and their impact on interviews of juveniles and custodial interrogations of juveniles;
(II) Interpreting juvenile behavior during an interview or custodial interrogation;
(III) Techniques for building and establishing rapport with juveniles;
(IV) Alternative communication methods for juveniles with intellectual and developmental disabilities, as required by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended;
(V) Constructing age-appropriate statements and questions for interviews of juveniles and custodial interrogations of juveniles; and
(VI) Cautions and considerations for interviewing and interrogating juveniles in custody, including how to reduce the likelihood of false or coerced confessions.
(2) (a) The P.O.S.T. board may charge the following fees, the proceeds of which may be used to support the certification of applicants pursuant to this part 3:
(I) For the manuals or other materials that the board may publish in connection with its functions, an amount not to exceed twenty dollars per publication; and
(II) For the administration of certification and skills examinations, an amount not to exceed one hundred fifty dollars per examination per applicant.
(b) There is hereby created in the state treasury a P.O.S.T. board cash fund. The fees collected pursuant to paragraph (a) of this subsection (2) and pursuant to section 42-3-304 (24), C.R.S., shall be transmitted to the state treasurer who shall credit such revenue to the P.O.S.T. board cash fund. It is the intent of the general assembly that the fees collected shall cover all direct and indirect costs incurred pursuant to this section. In accordance with section 24-36-114, all interest derived from the deposit and investment of moneys in the P.O.S.T. board cash fund shall be credited to the general fund. All moneys in the P.O.S.T. board cash fund shall be subject to annual appropriation by the general assembly and shall be used for the purposes set forth in this subsection (2) and in section 24-31-310. At the end of any fiscal year, all unexpended and unencumbered moneys in the P.O.S.T. board cash fund shall remain in the fund and shall not revert to the general fund or any other fund.
(3) The P.O.S.T. board may make grants to local governments, any college or university, or any nonprofit for the purpose of funding the training programs required by this section.
(4) (Deleted by amendment, L. 98, p. 749, §2, effective May 22, 1998.)
(5) It is unlawful for any person to serve as a peace officer, as described in section 16-2.5-102, C.R.S., or a reserve peace officer as defined in section 16-2.5-110, C.R.S., in this state unless such person:
(a) Is certified pursuant to this part 3; and
(b) Has undergone both a physical and a psychological evaluation to determine such person's fitness to serve as a peace officer or a reserve peace officer. Such evaluations shall have been performed within one year prior to the date of appointment by a physician and either a psychologist or psychiatrist licensed by the state of Colorado.
(6) Repealed.
Source: L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94: (1) and (2) amended, p. 1727, § 5, effective May 31. L. 96: (2)(a) and (3) amended and (4) and (5) added, p. 1571, § 1, effective June 3. L. 98: (4) and IP(5) amended, p. 749, § 2, effective May 22; (1)(h) added, p. 962, § 6, effective May 27. L. 2001: (2)(a)(II) amended, p. 1449, § 1, effective July 1. L. 2002: (6) added, p. 840, § 3, effective May 30. L. 2003: (2)(b) amended, p. 2114, § 1, effective May 22; (1)(f) amended, p. 2184, § 2, effective June 3; IP(5) amended, p. 1622, § 39, effective August 6. L. 2004: (1)(i) added, p. 1898, § 2, effective June 4. L. 2006: (2)(b) amended, p. 1500, § 34, effective June 1. L. 2012: (1)(i) amended and (1)(j) added, (HB 12-1345), ch. 188, p. 746, § 31, effective May 19; (1)(h) amended, (HB 12-1266), ch. 280, p. 1530, § 49, effective July 1. L. 2013: (1)(i) and (1)(j) amended and (1)(k) added, (SB 13-111), ch. 233, p. 1125, § 8, effective May 16. L. 2014: (1)(e), (1)(j), (2)(a)(II), and (3) amended and (1)(l) and (1)(m) added, (SB 14-123), ch. 246, p. 945, § 1, effective August 6. L. 2015: (1)(l) amended and (1)(n), (1)(o), (1)(p), and (1)(q) added, (HB 15-1287), ch. 213, p. 778, § 2, effective May 20. L. 2020: (1)(l), (1)(p), and (1)(q) amended and (1)(r) added, (SB 20-217), ch. 110, p. 457, § 10, effective June 19. L. 2021: (1)(s) added, (HB 21-1122), ch. 405, p. 2690, § 2, effective June 30; (1)(r) amended and (1)(t) added, (HB 21-1250), ch. 458, p. 3066, § 13, effective July 6; IP(1)(r), (1)(r)(III), and (1)(r)(IV) amended and (1)(r)(V) added, (SB 21-174), ch. 420, p. 2787, § 2, effective September 7. L. 2023: (1)(u) added, (HB 23-1042), ch. 221, p. 1147, § 2, effective August 7. L. 2025: (1)(r) amended, (HB 25-1136), ch. 333, p. 1723, § 1, effective May 31; (1)(r)(IV) repealed, (SB 25-300), ch. 428, p. 2449, § 31, effective August 6.
Editor's note: (1) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2003. (See L. 2002, p. 840.)
(2) Amendments to subsection (1)(r) by HB 21-1250 and SB-174 were harmonized. In connection, subsection (1)(r)(I)(H) was numbered as subsection (1)(r)(V) in SB 21-174 but was renumbered on revision for ease of location. Subsections (1)(r)(III) and (1)(r)(IV) were amended in SB 21-174, but those amendments were superseded by the amendment of subsection (1)(r) in HB 21-1250.
(3) Amendments to subsection (1)(r)(IV) by SB 25-300 and HB 25-1136 were harmonized.
Cross references: For the legislative declaration in the 2013 act amending subsections (1)(i) and (1)(j) and adding subsection (1)(k), see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-31-304. Applicant for training - fingerprint-based criminal history record check. (1) For purposes of this section, training academy means a basic or reserve peace officer training program approved by the P.O.S.T. board that is offered by a training academy, community college, college, or university.
(2) A training academy shall not enroll as a student a person who has been convicted of an offense that would result in the denial of certification pursuant to section 24-31-305 (1.5).
(3) (a) A person seeking to enroll in a training academy shall submit a set of fingerprints to the training academy prior to enrolling in the academy. The training academy shall forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The P.O.S.T. board is the authorized agency to receive information regarding the result of a national criminal history record check. The P.O.S.T. board shall notify the training academy if the fingerprint-based criminal history record check indicates that the person is prohibited from enrolling in the training academy pursuant to subsection (2) of this section. The person seeking to enroll in the training academy shall bear only the actual costs of the state and national fingerprint-based criminal history record check.
(b) When the results of a fingerprint-based criminal history record check of a person seeking to enroll in a training academy performed pursuant to this section reveal a record of arrest without a disposition, the P.O.S.T. board shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(4) (a) Notwithstanding the provisions of subsection (2) of this section and section 24-31-305 (1.5) to the contrary, if the person anticipates that he or she will be prohibited from enrolling in the training academy on the grounds that the person has been convicted on or after July 1, 2001, of one or more of the misdemeanors described in section 24-31-305 (1.5), the person may, at the time of applying for admission to the training academy, notify the P.O.S.T. board of the conviction or convictions and request the P.O.S.T. board to grant the person permission to enroll in the training academy.
(b) The P.O.S.T. board shall promulgate rules deemed necessary by the board concerning the procedures for the granting of permission to enroll in a training academy pursuant to this subsection (4). The P.O.S.T. board, in promulgating the rules, shall take into consideration the procedures for the granting of exemptions to denials of certification and the withdrawal of denials of certification described in section 24-31-305 (1.6). The P.O.S.T. board, in promulgating the rules, may specify that an applicant for certification pursuant to section 24-31-305 need not submit a set of fingerprints at the time of applying for the certification if the applicant has already submitted a set of fingerprints pursuant to this section.
Source: L. 92: Entire part added, p. 1094, § 3, effective March 6. L. 94: Entire section amended, p. 1729, § 6, effective May 31. L. 96: Entire section amended, p. 1572, § 2, effective June 3. L. 2003: Entire section R&RE, p. 2183, § 1, effective June 3. L. 2019: (3) amended, (HB 19-1166), ch. 125, p. 550, § 30, effective April 18. L. 2022: (3)(b) amended, (HB 22-1270), ch. 114, p. 522, § 32, effective April 21.
24-31-305. Certification - issuance - renewal - revocation - rules - definition. (1) (a) Basic peace officer certification requirements shall include:
(I) Successful completion of a high school education or its equivalent;
(II) Successful completion of basic training approved by the P.O.S.T. board;
(III) Passage of examinations administered by the P.O.S.T. board; and
(IV) Current first aid and cardiopulmonary resuscitation certificates or their equivalents.
(b) The training required for basic certification may be obtained through a training program conducted by a training academy approved by the P.O.S.T. board or completion of requirements of another state, federal, or tribal jurisdiction having standards deemed at least equivalent to those established pursuant to this part 3.
(c) Repealed.
(1.3) Reserve peace officer certification requirements shall include:
(a) Successful completion of a high school education or its equivalent;
(b) Successful completion of reserve training approved by the P.O.S.T. board; and
(c) Current first aid and cardiopulmonary resuscitation certificates or their equivalents.
(1.5) (a) The P.O.S.T. board shall deny certification to any person who has been convicted of:
(I) A felony;
(II) Any misdemeanor in violation of sections 18-3-204, 18-3-402, 18-3-404, 18-3-405.5, and 18-3-412.5, C.R.S.;
(III) Any misdemeanor in violation of sections 18-7-201, 18-7-202, 18-7-203, 18-7-204, 18-7-302, and 18-7-601, C.R.S.;
(IV) Any misdemeanor in violation of any section of article 8 of title 18, C.R.S.;
(V) Any misdemeanor in violation of sections 18-9-111 and 18-9-121, C.R.S.;
(VI) Any misdemeanor in violation of sections 18-18-404, 18-18-405, 18-18-406, and 18-18-411, C.R.S.;
(VII) Any misdemeanor in violation of section 18-6-403 (3)(b.5), C.R.S., as it existed prior to July 1, 2006;
(VIII) Any misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified in subparagraphs (I) to (VII) of this subsection (1.5)(a); or
(IX) Any local municipal ordinance that is the equivalent of any of the offenses specified in subparagraphs (I) to (VII) of this subsection (1.5)(a).
(b) The P.O.S.T. board must deny certification to any person who entered into one of the following for a crime listed in paragraph (a) of this subsection (1.5) if the P.O.S.T. board determines that certification is not in the public interest:
(I) A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed;
(II) A deferred prosecution agreement, whether pending or successfully completed; or
(III) A pretrial diversion agreement, whether pending or successfully completed.
(1.6) (a) Notwithstanding the provisions of subsection (1.5) of this section, if an applicant anticipates prior to the denial of certification that he or she will be denied certification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, at the time of the application for certification, notify the P.O.S.T. board of such conviction or convictions and request the board to grant the applicant an exemption from denial of certification.
(b) Notwithstanding the provisions of subsection (1.5) of this section, if an applicant is denied certification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, within thirty days after the effective date of denial, request that the P.O.S.T. board withdraw the denial of certification.
(c) The P.O.S.T. board shall promulgate rules and regulations deemed necessary by the board concerning the procedures for the granting of exemptions to denials of certification and the withdrawal of denials of certification under this subsection (1.6).
(1.7) (a) Unless revoked or voluntarily surrendered, a basic certification or reserve certification issued pursuant to this part 3 is valid as long as the certificate holder is continuously serving as a peace officer, reserve peace officer, or works for a law enforcement agency in a non-peace-officer role and maintains annual training requirements established by the P.O.S.T. board.
(b) If a basic or reserve certificate holder has not served as a peace officer or reserve peace officer for a total of at least six months during any consecutive three-year period, the certification automatically expires at the end of such three-year period, unless the certificate holder is then serving as a peace officer or reserve peace officer or had previously voluntarily surrendered their certificate or then works for a law enforcement agency in a non-peace-officer role.
(c) The P.O.S.T. board may adopt rules for the renewal of certification that expired pursuant to subsection (1.7)(b) of this section.
(2) (a) A certification issued pursuant to subsection (1) or (1.3) of this section or section 24-31-308 shall be suspended or revoked by the P.O.S.T. board if the certificate holder has been convicted of a felony at any time, or has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, or has otherwise failed to meet the certification requirements established by the board.
(b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the certification of a certificate holder is revoked pursuant to paragraph (a) of this subsection (2) on the ground that the certificate holder has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the certificate holder or the chief law enforcement officer of the agency, if any, employing such certificate holder may, within thirty days after the effective date of the revocation, request the P.O.S.T. board to reinstate the certification.
(II) The P.O.S.T. board shall promulgate rules and regulations deemed necessary by the board concerning the procedures for the reinstatement of revocations of certification.
(2.5) (a) Notwithstanding the provisions of subsection (2) of this section, the P.O.S.T. board shall revoke a certification issued to a person pursuant to subsection (1) or (1.3) of this section or section 24-31-308 if:
(I) The law enforcement agency that employs or employed the certificate holder notifies the P.O.S.T. board that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process; and
(II) The law enforcement agency certifies that:
(A) It completed an administrative process defined by a published policy of the law enforcement agency, which policy was in effect at the time that the alleged untruthful statement concerning a material fact or knowing omission of material fact occurred;
(B) Through that administrative investigation and disciplinary process, the law enforcement agency determined by a clear and convincing standard of the evidence that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and
(C) The certificate holder has elected not to exercise, or has exhausted, the internal disciplinary appeal rights provided by the officer's employer; and
(III) The certificate holder, after receiving the notice from the P.O.S.T. board described in subsection (2.5)(e) of this section, either does not request a hearing, or requests a hearing and the hearing officer has determined, after conducting the hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105, that the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.
(b) A law enforcement agency that makes a determination described in subsection (2.5)(a)(II) of this section shall report such fact to the P.O.S.T. board on a form that is prescribed by the P.O.S.T. board. The form must require the official submitting the form to attest, under penalty of perjury, that, to the best of the official's knowledge and belief, the statements on the form are true, correct, and complete, and that any false statement, misstatement, or inaccuracy may result in revocation of the official's certification as well as criminal prosecution.
(c) If a certificate holder who is the subject of an investigation described in subsection (2.5)(a)(II) of this section resigns or refuses to cooperate in the investigation, the investigating law enforcement agency shall complete the investigation with or without the subject's participation. If the results of the investigation demonstrate by a clear and convincing standard of the evidence that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, the law enforcement agency shall notify the P.O.S.T. board and request revocation of the certificate holder's certification on a form prescribed by the P.O.S.T. board.
(d) The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of this subsection (2.5) remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.
(e) Upon receipt of the form from a law enforcement agency pursuant to subsection (2.5)(b) of this section, the P.O.S.T. board shall notify the certificate holder of the certificate holder's right to request a show cause hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105.
(f) A person who has had his or her P.O.S.T. certification revoked pursuant to this subsection (2.5) may appeal the decision to the full P.O.S.T. board pursuant to the rules of the P.O.S.T. board and section 24-4-105, and may seek judicial review pursuant to the provisions of section 24-4-106.
(g) If a certificate holder's certificate is revoked pursuant to this section and a court of record subsequently reverses or vacates the finding that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, the certificate holder may request reinstatement of his or her certificate by providing documentation of the court's ruling to the P.O.S.T. board within forty-five days after the court's ruling.
(h) If a law enforcement agency is notified that a peace officer who is employed or who was employed by the agency is alleged to have knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, on or after August 2, 2019, the agency employing the peace officer, or the last law enforcement agency to employ the peace officer, shall investigate the allegation unless the accused peace officer has not been employed by the agency for at least six months preceding the date upon which the agency is notified of the allegation, in which case the agency may investigate the allegation.
(i) Nothing in this section prohibits the lawful use of deception or omission of facts by a peace officer while he or she is conducting an investigation of criminal activity.
(j) For the purposes of this subsection (2.5), administrative investigation and disciplinary process means an employer's formal process of internal control that assures that an allegation of violation of employer rules, policy, procedure, or other misconduct or improper actions by an employee are subject to a complete and objective investigation resulting in findings of fact and disciplinary action for any substantiated violation.
(k) The P.O.S.T. board may promulgate rules for the implementation of this subsection (2.5).
(2.7) The P.O.S.T. board may revoke the certification of a peace officer who fails to satisfactorily complete peace officer training required by the P.O.S.T. board. Prior to revoking the peace officer's certification, the P.O.S.T. board shall notify the peace officer of his or her failure to complete the training required by the P.O.S.T. board and give the peace officer thirty calendar days to satisfactorily complete the peace officer training required by the P.O.S.T. board.
(3) Certification shall not vest tenure or related rights. The policies, if any, of the employing agency shall govern such rights. Additional certification reflecting higher levels of proficiency may, at the discretion of the employing agency, be required in hiring, retaining, or promoting peace officers.
(4) The P.O.S.T. board may grant variances from the requirements of this section to any individual, including any individual called to active duty by the armed forces of the United States, if strict application thereof would result in practical difficulty or unnecessary hardship and where the variance would not conflict with the basic purposes and policies of this part 3. The P.O.S.T. board shall promulgate rules regarding the procedure for applying for and granting variances pursuant to this subsection (4).
(5) If a law enforcement agency hires a new employee, appoints a new employee, or transfers an existing employee to a position requiring P.O.S.T. certification, prior to such hire, appointment, or transfer the law enforcement agency shall determine if the person has a record contained in the database created in section 24-31-303 (1)(r). If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer in a format determined by the P.O.S.T. board.
Source: L. 92: Entire part added, p. 1094, § 3, effective March 6. L. 94: Entire section amended, p. 1729, § 7, effective May 31. L. 96: Entire section amended, p. 1572, § 3, effective June 3. L. 98: (1.7)(a), (1.7)(b), and (2) amended and (4) added, p. 750, § 3, effective May 22. L. 2000: (1.7)(c) amended, p. 42, § 2, effective March 10. L. 2001: (1.5) and (2) amended and (1.6) added, p. 1449, § 2, effective July 1. L. 2005: (1)(b), (1.5)(g), and (4) amended and (1)(c) and (1.5)(h) added, p. 113, §§ 2, 3, effective August 8. L. 2006: (1.5)(g) amended, p. 2044, § 5, effective July 1. L. 2012: (1)(c) repealed, (HB 12-1163), ch. 50, p. 182, § 2, effective August 8. L. 2013: (1.5)(g) amended, (HB 13-1166), ch. 59, p. 196, § 4, effective August 7. L. 2014: (1.5)(g) and (1.5)(h) amended and (1.5)(i) added, (SB 14-123), ch. 246, p. 946, § 2, effective August 6. L. 2016: (1.5) amended, (HB 16-1262), ch. 339, p. 1386, § 6, effective June 10. L. 2019: (1.5)(a)(VIII) and (1.5)(a)(IX) amended, (SB 19-241), ch. 390, p. 3469, § 27, effective August 2; (2.5) added, (SB 19-166), ch. 249, p. 2422, § 1, effective August 2. L. 2020: (2.7) added, (SB 20-217), ch. 110, p. 458, § 14, effective June 19. L. 2021: (1.7)(a) and (1.7)(b) amended and (5) added, (HB 21-1250), ch. 458, pp. 3067, 3065, §§ 14, 11, effective July 6. L. 2025: (1.7) amended, (HB 25-1136), ch. 333, p. 1728, § 5, effective May 31.
Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-31-306. Qualifications for peace officers. (Repealed)
Source: L. 92: Entire part added, p. 1095, § 3, effective March 6. L. 94: (1) and (7) amended, p. 1730, § 8, effective May 31. L. 96: (7.5) added, p. 1349, § 2, effective June 1; (4), (5), (6), and (7) repealed and (8) added, p. 1574, §§ 4, 5, effective June 3. L. 98: (7.5)(c) and (9) added, p. 750, §§ 4, 5, effective May 22.
Editor's note: Subsection (1)(b) provided for the repeal of subsection (1), effective January 1, 1995. (See L. 94, p. 1730.) Subsection (2)(b) provided for the repeal of subsection (2), effective January 1, 1995. (See L. 92, p. 1095.) Subsection (3)(b) provided for the repeal of subsection (3), effective January 1, 1995. (See L. 92, p. 1095.) Subsection (8)(b) provided for the repeal of subsection (8), effective January 1, 1997. (See L. 96, p. 1574.) Subsection (7.5)(c) provided for the repeal of subsection (7.5), effective January 1, 1999. (See L. 98, p. 750.) Subsection (9)(c) provided for the repeal of subsection (9), effective January 1, 1999. (See L. 98, p. 750.)
24-31-307. Enforcement. (1) The P.O.S.T. board shall have the power to promulgate rules for enforcement of this part 3.
(2) The attorney general may enforce the provisions of this part 3 through an action in district court for injunctive or other appropriate relief against:
(a) Any individual undertaking or attempting to undertake any duties as a peace officer or a reserve peace officer in this state in violation of this part 3; and
(b) Any agency permitting any individual to undertake or attempt to undertake any duties as a peace officer or a reserve peace officer in this state under the auspices of such agency in violation of this part 3.
(3) The attorney general may bring criminal charges for violations of this part 3 if the violation is knowingly or intentional, or impose fines, as set in P.O.S.T. board rule, upon any individual officer or agency for failure to comply with this part 3 or any rule promulgated under this part 3.
(3.5) Any person or law enforcement agency that knowingly or intentionally provides inaccurate data for the database created pursuant to section 24-31-303 (1)(r) is subject to a fine set in rule by the P.O.S.T. board, and, if the person is a P.O.S.T. certified peace officer, the officer is subject to revocation or suspension of the officer's P.O.S.T. certification by the P.O.S.T. board. A person or law enforcement agency that truthfully and accurately reports information pursuant to section 24-31-303 (1)(r) in good faith is not liable under this subsection (3.5).
(4) The attorney general shall be entitled to recover reasonable attorney fees and costs against the defendant in any enforcement action under this part 3, if the attorney general prevails.
Source: L. 94: Entire section added, p. 1731, § 9, effective May 31. L. 2020: Entire section amended, (SB 20-217), ch. 110, p. 459, § 15, effective June 19. L. 2021: (3) amended and (3.5) added, (HB 21-1250), ch. 458, p. 3067, § 15, effective July 6.
Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-31-308. Reciprocity - provisional certificate. (1) The P.O.S.T. board is authorized to grant a provisional certificate to a person who:
(a) Has been authorized to act as a peace officer in another state or federal jurisdiction within the preceding three years and has served as a certified law enforcement officer in good standing in the other state or federal jurisdiction for more than one year;
(b) Passes the certification examination required pursuant to this part 3; and
(c) Possesses current first aid and cardiopulmonary resuscitation certificates or their equivalent.
(2) (a) The P.O.S.T. board is authorized to grant a basic certification to a person who meets the criteria established for basic certification by rule of the P.O.S.T. board.
(b) Any rule of the P.O.S.T. board establishing the criteria for basic certification shall provide that a basic certification will be issued only after an applicant has successfully demonstrated to the P.O.S.T. board a proficiency in all skill areas as required by section 24-31-305.
(3) (a) A provisional certificate shall be valid for six months.
(b) Upon a showing of good cause, the P.O.S.T. board may renew a provisional certificate once for a period not to exceed an additional six months.
Source: L. 98: Entire section added, p. 751, § 7, effective May 22. L. 2000: (1)(a) and (2) amended, p. 43, § 3, effective March 10. L. 2012: (1)(a) amended, (HB 12-1163), ch. 50, p. 182, § 3, effective August 8. L. 2024: IP(1) and (1)(a) amended, (HB 24-1093), ch. 37, p. 135, § 1, effective August 7.
24-31-309. Profiling - officer identification - training - definition. (1) (a) The general assembly finds, determines, and declares that profiling is a practice that presents a great danger to the fundamental principles of our constitutional republic and is abhorrent and cannot be tolerated.
(b) The general assembly further finds and declares that motorists who have been stopped by peace officers for no reason other than the color of their skin or their apparent race, ethnicity, age, or gender are the victims of discriminatory practices.
(c) The general assembly further finds and declares that Colorado peace officers risk their lives every day. The people of Colorado greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these peace officers should not be tarnished by the actions of those who commit discriminatory practices.
(d) It is therefore the intent of the general assembly in adopting this section to provide a means of identification of peace officers who are engaging in profiling, to underscore the accountability of those peace officers for their actions, and to provide training to those peace officers on how to avoid profiling.
(2) Definitions. For purposes of this section:
(a) Legal basis means any basis authorized by statute or that the Colorado supreme court or United States supreme court has determined is lawful pursuant to section 7 of article II of the state constitution or the fourth amendment to the United States constitution.
(b) Profiling means the practice of relying solely on race, ethnicity, gender, national origin, language, religion, sexual orientation, gender identity, gender expression, age, or disability in:
(I) Determining the existence of probable cause to place in custody or arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or
(II) Determining the scope, substance, or duration of an investigation or law enforcement activity to which a person will be subjected.
(3) Profiling practices prohibited. Profiling as defined in subsection (2) of this section is prohibited; except that a peace officer may use age when making law enforcement decisions if the peace officer is investigating a juvenile status offense.
(3.5) A peace officer, as defined in section 24-31-901 (3), shall have a legal basis for making a contact, as defined in section 24-31-901 (1), whether consensual or nonconsensual, with a member of the public for purposes of enforcing the law or investigating possible violations of the law. After making a contact, a peace officer, as defined in section 24-31-901 (3), shall report to the peace officer's employing agency:
(a) The perceived demographic information of the person contacted, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data;
(b) Whether the contact was a traffic stop;
(c) The time, date, and location of the contact;
(d) The duration of the contact;
(e) The reason for the contact;
(f) The suspected crime;
(g) The result of the contact, such as:
(I) No action, warning, citation, property seizure, or arrest;
(II) If a warning or citation was issued, the warning provided or violation cited;
(III) If an arrest was made, the offense charged;
(IV) If the contact was a traffic stop, the information collected, which is limited to the driver;
(h) The actions taken by the peace officer during the contact, including but not limited to whether:
(I) The peace officer asked for consent to search the person, vehicle, or other property, and, if so, whether consent was provided;
(II) The peace officer searched the person, a vehicle, or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any;
(III) The peace officer seized any property, and, if so, the type of property that was seized and the basis for seizing the property;
(IV) A peace officer unholstered or brandished a weapon during the contact, and, if so, the type of weapon; and
(V) A peace officer discharged a weapon during the contact.
(4) (a) A peace officer certified pursuant to this part 3 shall provide, without being asked, the peace officer's business card to any person whom the peace officer has detained in a traffic stop but has not cited or arrested. The business card must include identifying information about the peace officer, including but not limited to the peace officer's name, division, precinct, and badge or other identification number; a telephone number that may be used, if necessary, to report any comments, positive or negative, regarding the traffic stop; and information about how to file a complaint related to the contact. The identity of the reporting person and the report of any such comments that constitute a complaint must initially be kept confidential by the receiving law enforcement agency, to the extent permitted by law. The receiving law enforcement agency shall be permitted to obtain some identifying information regarding the complaint to allow initial processing of the complaint. If it becomes necessary for the further processing of the complaint for the complainant to disclose the complainant's identity, the complainant shall do so or, at the option of the receiving law enforcement agency, the complaint may be dismissed.
(b) The provisions of paragraph (a) of this subsection (4) shall not apply to authorized undercover operations conducted by any law enforcement agency.
(c) Each law enforcement agency in the state shall compile on at least an annual basis any information derived from telephone calls received due to the distribution of business cards as described in paragraph (a) of this subsection (4) and that allege profiling. The agency shall make such information available to the public but shall not include the names of peace officers or the names of persons alleging profiling in such information. The agency may also include in such information the costs to the agency of complying with the provisions of this subsection (4).
(5) The training provided for peace officers shall include an examination of the patterns, practices, and protocols that result in profiling and prescribe patterns, practices, and protocols that prevent profiling. On or before August 1, 2001, the P.O.S.T. board shall certify the curriculum for such training.
(6) No later than six months after June 5, 2001, each law enforcement agency in the state shall have written policies, procedures, and training in place that are specifically designed to address profiling. Each peace officer employed by such law enforcement agency shall receive such training. The written policies and procedures shall be made available to the public for inspection during regular business hours.
Source: L. 2001: Entire section added, p. 934, § 2, effective June 5. L. 2016: (2) and (3) amended, (HB 16-1263), ch. 340, p. 1388, § 2, effective June 10. L. 2020: (3.5) added and (4)(a) amended, (SB 20-217), ch. 110, p. 459, § 16, effective June 19. L. 2021: (2), IP(3.5), (3.5)(h)(II), (3.5)(h)(IV), and (3.5)(h)(V) amended, (HB 21-1250), ch. 458, p. 3067, § 16, effective July 6; IP(2) amended, (HB 21-1108), ch. 156, p. 894, § 31, effective September 7.
Editor's note: Amendments to subsection IP(2) by HB 21-1108 and HB 21-1250 were harmonized and amendments made to subsection IP(2) by HB 21-1108 were relocated to subsection IP(2)(b) on revision.
Cross references: For the legislative declaration in HB 16-1263, see section 1 of chapter 340, Session Laws of Colorado 2016. For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-31-310. Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration. (1) The general assembly hereby finds and declares that Colorado peace officers risk their lives every day in the normal course of their duties. On the roads and highways and throughout the state, peace officers are expected to make quick and difficult decisions that concern both public and officer safety. The general assembly further finds and declares that good training is crucial for peace officers to make decisions that are in the best interests of the health and safety of the citizens of Colorado. The general assembly recognizes that the P.O.S.T. board oversees peace officer training programs and that in the past the state has provided funding for such training programs. The general assembly further recognizes that the state has not provided funding for peace officer training programs since 1992, and that the lack of state funding has had a significant impact on the training of peace officers in the state. Therefore, it is the intent of this section to reimplement state funding for peace officer training programs and to enable the P.O.S.T. board to provide substantial training for peace officers who serve the citizens of Colorado.
(2) The money collected and transferred to the P.O.S.T. board cash fund pursuant to section 42-3-304 (24) must be used to provide training programs for peace officers, especially peace officers in rural and smaller jurisdictions that have limited resources due to the size or location of such jurisdictions. The money must be used and distributed pursuant to subsection (3) or (4) of this section.
(3) The money collected and transferred to the P.O.S.T. board cash fund pursuant to section 42-3-304 (24) must be used and distributed as determined by the P.O.S.T. board. The money in the fund must be used to pay the salary and benefits of any employee hired by the department of law in order to administer the peace officer training programs and to cover any other costs incurred by the P.O.S.T. board in connection with such programs. Under no circumstance shall general fund money be used to cover such costs incurred by the department of law or the P.O.S.T. board.
(4) (a) Subject to the available money collected, transferred to, and remaining in the P.O.S.T. board cash fund, the P.O.S.T. board may establish a scholarship program for law enforcement agencies in rural and smaller jurisdictions with limited resources due to their size or location to assist the agencies with the payment of tuition costs for peace officer candidates to attend an approved basic law enforcement training academy. A person whose tuition costs to attend an approved basic law enforcement training academy were paid for pursuant to this subsection (4) must be employed for at least three years by a law enforcement agency in a rural and small jurisdiction after attending the approved basic law enforcement training academy or the person shall reimburse the cost of attending the basic law enforcement training academy to the P.O.S.T. board.
(b) The P.O.S.T. board shall promulgate rules as may be necessary to implement and administer the scholarship program.
(c) As used in this subsection (4), unless the context otherwise requires, rural means an area defined or designated as rural by the federal office of management and budget.
Source: L. 2003: Entire section added, p. 2114, § 2, effective May 22. L. 2006: (2) and (3) amended, p. 1500, § 35, effective June 1. L. 2020: (2) and (3) amended and (4) added, (HB 20-1229), ch. 147, p. 635, § 1, effective September 14.
24-31-311. DNA evidence - collection - retention. (1) The training provided for peace officers shall include proper collection and retention techniques, practices, and protocols for evidence that may contain biological or DNA evidence. On or before August 1, 2009, the P.O.S.T. board shall certify the curriculum for the training. After August 1, 2009, the training shall be provided to persons who enroll in a training academy for basic peace officer training and to all peace officers described in section 16-2.5-101, C.R.S., who are certified by the P.O.S.T. board pursuant to this part 3 prior to August 1, 2009.
(2) The P.O.S.T. board may develop a specialized certification program that concentrates on the proper techniques, practices, and protocols for evidence collection with emphasis on evidence that may contain biological or DNA evidence.
Source: L. 2008: Entire section added, p. 848, § 4, effective May 14.
Cross references: For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 223, Session Laws of Colorado 2008.
24-31-312. School resource officer training. (1) On or before January 1, 2014, the P.O.S.T. board shall identify a school resource officer training curriculum to prepare peace officers.
(2) To the extent practicable, the training curriculum described in subsection (1) of this section shall incorporate the suggestions of relevant stakeholders and advocates.
(3) (a) In assigning peace officers to serve as school resource officers pursuant to section 22-32-146, C.R.S., each law enforcement agency is encouraged to ensure that such peace officers have successfully completed the school resource officer training curriculum described in subsection (1) of this section, or will complete said training within six months after beginning the assignment.
(b) On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum described in subsection (1) of this section.
(4) For the purposes of section 22-32-146, C.R.S., the training curriculum provided pursuant to subsection (1) of this section shall include a means of recognizing and identifying peace officers who successfully complete the training curriculum.
(5) In providing the training curriculum described in subsection (1) of this section, the P.O.S.T. board may include provisions to allow for the awarding of credit to a peace officer who has successfully completed a school resource officer certification curriculum offered by one or more public or private entities, which entities shall be identified by the P.O.S.T. board.
(6) The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum described in subsection (1) of this section. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum.
(7) The P.O.S.T. board, with respect to the hiring, training, and evaluation of school resource officers and professionalizing a school-police partnership, shall create a model policy for selecting school resource officers pursuant to the general duties and responsibilities granted to the P.O.S.T. board pursuant to section 24-31-303. The P.O.S.T. board shall consult with school board members, school resource officers, K-12 advocates, and other relevant stakeholders, including student groups, in the development of the model policy. The department of education shall post the model policy on its website and distribute the policy to school districts, charter schools, and institute charter schools for consideration and possible adoption. The model policy may be used by school districts, charter schools, institute charter schools, and police departments. The model policy must, at a minimum, require that:
(a) Once selected, school resource officers must be fully trained in standard best practices, as set forth by a national association of school resource officers;
(b) A candidate demonstrate, whenever possible, a record of experience developing positive relationships with youth, which may include participation in youth or community policing programs;
(c) A candidate voluntarily apply to serve as a school resource officer; and
(d) The employing law enforcement agency and school district jointly create an evaluation process to evaluate school resource officers.
Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 746, § 32, effective May 19. L. 2022: (7) added, (HB 22-1376), ch. 243, p. 1804, § 7, effective May 26.
24-31-313. Training concerning abuse and exploitation of at-risk elders. (1) On or before January 1, 2014, the P.O.S.T. board shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders, as described in sections 18-6.5-102 (1) and (10), C.R.S.
(2) On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum described in subsection (1) of this section.
(3) The training curriculum provided pursuant to subsection (1) of this section shall include a means of recognizing and identifying peace officers who successfully complete the training curriculum.
(4) In providing the training curriculum described in subsection (1) of this section, the P.O.S.T. board may include provisions to allow for the awarding of credit to a peace officer who has successfully completed a similar training curriculum offered by one or more public or private entities, which entities shall be identified by the P.O.S.T. board.
(5) The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum described in subsection (1) of this section. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum.
Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1126, § 9, effective May 16.
Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 233, Session Laws of Colorado 2013.
24-31-313.5. Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities. On or before June 30, 2016, the P.O.S.T. board shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk adults with intellectual and developmental disabilities, as described in section 18-6.5-102 (2.5) and (10), C.R.S.
Source: L. 2016: Entire section added, (HB 16-1254), ch. 6, p. 12, § 1, effective March 9.
24-31-314. Advanced roadside impaired driving enforcement training. (1) On and after October 1, 2013, the P.O.S.T. board is encouraged to include advanced roadside impaired driving enforcement training as an elective to basic field sobriety test training recertification.
(2) Subject to the availability of sufficient moneys, the P.O.S.T. board shall arrange to provide drug recognition expert training to certified peace officers who will act as trainers in advanced roadside impaired driving enforcement for all peace officers described in section 16-2.5-101, C.R.S.
Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1892, § 8, effective May 28. L. 2014: Entire section amended, (SB 14-129), ch. 387, p. 1937, § 2, effective June 6.
24-31-315. Annual in-service training requirements. (1) (a) The annual in-service training programs must include proper restraint and holds training, a two-hour anti-bias training program, and, in alternating years, either a two-hour community policing and community partnerships training program or a two-hour situation de-escalation training program. The programs and curriculum may include interactive web-based training. Each certified peace officer shall satisfactorily complete the training by July 1, 2017, and shall satisfactorily complete the training at least once every five years thereafter.
(b) Subject to available appropriations, beginning July 1, 2022, the annual in-service training programs must include the in-service curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section 24-31-1004.
(2) (a) The P.O.S.T. board shall suspend a peace officer's certification if the peace officer fails to comply with the training requirements in subsection (1) of this section. The P.O.S.T. board shall reinstate a peace officer's certification that was suspended pursuant to this paragraph (a) upon completion of the training requirements in subsection (1) of this section.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), the P.O.S.T. board shall not suspend a peace officer's certification if the peace officer has not complied with the training requirements of subsection (1) of this section because the officer is not serving as a full-time peace officer. When the officer returns to his or her full-time peace-officer duties, he or she shall have six months to complete the training required by subsection (1) of this section.
(c) Prior to suspension of a peace officer's certification pursuant to paragraph (a) of this subsection (2), the peace officer must be afforded due process to the extent required by law.
Source: L. 2015: Entire section added, (HB 15-1287), ch. 213, p. 778, § 3, effective May 20. L. 2021: (1) amended, (HB 21-1122), ch. 405, p. 2691, § 3, effective June 30.
24-31-316. Attorney general 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.
(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 the department had a policy in effect as of August 7, 2013, of issuing photographic identification to peace officers who have retired from the department, and the department discontinues said policy after August 7, 2013, the department shall continue to provide such photographic identification to peace officers who have retired from the department if:
(a) The peace officer requests the identification;
(b) The peace officer retired from the department before the date upon which the department 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 department 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 department in issuing the photographic identification.
(5) Notwithstanding any other provision of this section, the department shall not be required to issue a photographic identification to a particular peace officer if the attorney general elects not to do so.
(6) If the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the department shall provide the retired peace officer a written statement setting forth the reason for the denial.
Source: L. 2020: Entire section added, (SB 20-063), ch. 12, p. 55, § 10, effective September 14.
24-31-317. Training requirements concerning peace officer interactions with persons with disabilities. (1) Subject to available appropriations, beginning July 1, 2022, the basic academy curriculum must include the curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section 24-31-1004.
(2) The annual in-service training programs must include the in-service curriculum for training concerning interactions with persons with disabilities, as described in section 24-31-315 (1)(b).
Source: L. 2021: Entire section added, (HB 21-1122), ch. 405, p. 2691, § 4, effective June 30.
24-31-318. Administrative law judge appointment. The P.O.S.T. board chairperson may appoint an administrative law judge or hearing officer pursuant to article 4 of this title 24 to conduct hearings, administer oaths, take affirmations of witnesses, issue subpoenas compelling the attendance of witnesses and production of records, rule on evidence, make findings, and report the findings to the P.O.S.T. board for any proceedings or actions authorized under this part 3.
Source: L. 2021: Entire section added, (HB 21-1250), ch. 458, p. 3068, § 17, effective July 6.
24-31-319. Training related to missing indigenous persons - development - basic and in-service training required. (1) The P.O.S.T. board shall work with the office of liaison for missing and murdered indigenous relatives created in section 24-33.5-2603 to develop and facilitate training for peace officers on issues relating to missing or murdered indigenous persons investigations.
(2) Beginning January 1, 2023, the basic academy curriculum and annual in-service training programs must include training concerning issues relating to missing or murdered indigenous persons.
Source: L. 2022: Entire section added, (SB 22-150), ch. 466, p. 3316, § 3, effective June 8.
Cross references: For the legislative declaration in SB 22-150, see section 1 of chapter 466, Session Laws of Colorado 2022.
24-31-320. Persons with deferred action for childhood arrivals status - rules - definition. (1) The P.O.S.T. board may promulgate rules for the administration of or compliance with requirements for an eligible immigrant who is seeking a certificate issued pursuant to this part 3.
(2) For purposes of this section, unless the context otherwise requires, eligible immigrant means a person who has been formally granted and maintains a valid deferred action for childhood arrivals status by the federal immigration and naturalization service, or any successor agency, or a person who has applied to obtain asylum status.
Source: L. 2023: Entire section added, (HB 23-1143), ch. 121, p. 451, § 1, effective August 7.
24-31-321. Peace officer conduct database - definition. (1) The P.O.S.T. board shall create and maintain a database in a searchable format to be published on its website containing information related to a peace officer's:
(a) Untruthfulness;
(b) Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years;
(c) Revocation of the certification by the P.O.S.T. board, including the basis for the revocation;
(d) Termination for cause by the peace officer's employer;
(e) Resignation or retirement while under investigation by the peace officer's employing organization or another law enforcement agency in which the alleged misconduct, if sustained, would more likely than not result in being entered into the database pursuant to this section;
(f) Resignation or retirement following an incident that leads to the opening of an investigation by the peace officer's employing organization or another law enforcement agency in which the alleged misconduct, if sustained, would more likely than not result in being entered into the database pursuant to this section, within six months after the peace officer's resignation or retirement;
(g) Resignation in lieu of termination for cause;
(h) Being charged with a crime that could result in revocation or suspension of certification pursuant to section 24-31-305 or 24-31-904. The employing organization shall notify the P.O.S.T. board of the filing of criminal charges as soon as practicable, in a manner prescribed in P.O.S.T. board rule.
(i) Actions as described by the applicable statutory provision identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I).
(2) If a law enforcement agency reports a peace officer pursuant to either subsection (1)(e) or (1)(f) of this section, the peace officer, upon request, is entitled to a show cause hearing with the director of the P.O.S.T. board or their designee. The P.O.S.T. board shall obtain records from the reporting organization for the purpose of the show cause hearing and shall provide all records provided by the reporting organization to the appellant peace officer. Pursuant to the requirements of this section, the records of any employing organization, or former employing organization, that are submitted for review by the P.O.S.T. board and the appellant peace officer for the purposes of this show cause hearing remain the property of the reporting organization and are not subject to public release.
(3) (a) Law enforcement agencies shall report to the P.O.S.T. board the information required in subsection (1) of this section in a format determined by the P.O.S.T. board. The P.O.S.T. board shall not include information in the database if the information is received from an agency that does not employ or has not employed the peace officer who is the subject of the information. Notwithstanding any other provision to the contrary, the P.O.S.T. board may enter reports into the database on behalf of an organization. The head of the law enforcement agency providing the report shall certify the accuracy of the information in the report. A knowing or willful failure to submit the information or certification or a knowing or willful submittal of false or inaccurate information is subject to a fine imposed by the P.O.S.T. board. When a failure to submit the information or certification or submittal of false or inaccurate information is determined, the P.O.S.T. board shall refer the matter to the appropriate district attorney and request the district attorney to conduct a criminal investigation.
(b) After receiving a notification and upon request of the P.O.S.T. board, the law enforcement agency providing the report shall provide the P.O.S.T. board with all documents relevant to the investigation or cause for which the officer was placed in the database. If a law enforcement agency refuses to provide the records pursuant to this subsection (3), the P.O.S.T. board may subpoena the records. If the court or administrative law judge grants the subpoena, and subsequently does not grant a motion to quash the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
(c) If the P.O.S.T. board received information regarding an incident involving a peace officer that would require a report pursuant to subsection (1) of this section, the organization employing the peace officer shall provide the P.O.S.T. board with all documents relevant to the incident upon request of the P.O.S.T. board. If a law enforcement agency refuses to provide the records pursuant to this subsection (3), the P.O.S.T. board may subpoena the records. If the court or administrative law judge grants the subpoena, and subsequently does not grant a motion to quash the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
(d) The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of this subsection (3) remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.
(4) (a) The P.O.S.T. board shall create an appeal process for a peace officer to appeal the officer's inclusion in the database created in this section. The appeal must be conducted pursuant to the provisions of this section and P.O.S.T. board rules. The P.O.S.T. board shall give consideration to an officer's whistle blower status during the appeal. When a peace officer is added to the database, the P.O.S.T. board shall provide the peace officer with information about how to appeal that action on its website. If a peace officer initiates an appeal pursuant to this subsection (4), the reporting agency shall provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database upon request of the P.O.S.T. board. If a law enforcement agency refuses to provide the records pursuant to this subsection (4), the P.O.S.T. board may subpoena the records. If the court or administrative law judge grants the subpoena, and subsequently does not grant a motion to quash the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena.
(b) The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of subsection (4)(a) of this section remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.
(c) If a peace officer appeals inclusion in the database pursuant to either subsection (1)(e) or (1)(f) of this section and the peace officer's organization completed its investigation of the officer's conduct after the officer resigned and the organization cleared the officer, the officer may use that determination in their appeal.
(5) If a law enforcement agency reports information required pursuant to subsection (1) of this section and subsequently determines the entry was in error and informs the P.O.S.T. board of the error regardless of when the error occurred, the P.O.S.T. board shall remove the entry from the database after the P.O.S.T. board determines the entry was in error.
(6) For purposes of this section, untruthfulness means a peace officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.
Source: L. 2025: Entire section added, (HB 25-1136), ch. 333, p. 1724, § 2, effective May 31.
PART 4
ENFORCEMENT OF
TOBACCO SETTLEMENT
24-31-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Smokeless tobacco settlement means the settlement agreement between the state of Colorado and various domestic smokeless tobacco products manufacturers, dated November 23, 1998, which was approved by the district court of the city and county of Denver as part of a consent decree dated November 25, 1998, in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432.
(2) Tobacco settlement means the settlement agreement between the state of Colorado and various domestic tobacco products manufacturers, dated November 23, 1998, which was approved by the district court of the city and county of Denver as part of a consent decree dated November 25, 1998, in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432.
Source: L. 2000: Entire part added, p. 628, § 20, effective May 18.
24-31-402. Enforcement by attorney general. (1) The general assembly hereby finds that both the tobacco settlement and the smokeless tobacco settlement impose numerous duties and obligations on the parties to those settlement agreements relating to the marketing and advertising of tobacco products and the payment of damages to the state. The general assembly further finds that most of these duties and obligations continue for a minimum of twenty-five years from the dates of the settlement agreements. Therefore, the attorney general shall oversee and take the necessary actions to enforce compliance with the provisions of the tobacco settlement agreement and the smokeless tobacco settlement agreement, consistent with the duties and obligations set forth in said settlement agreements and with Colorado law.
(2) The enforcement duty specified in subsection (1) of this section is in addition to and does not limit the authority of the attorney general otherwise existing under common law or the statutes of this state.
Source: L. 2000: Entire part added, p. 629, § 20, effective May 18.
24-31-403. Funding. The attorney general may use any custodial funds recovered as costs and attorney fees under the tobacco settlement agreement to offset any costs incurred in overseeing and enforcing the tobacco settlement agreement and the smokeless tobacco settlement agreement.
Source: L. 2000: Entire part added, p. 629, § 20, effective May 18.
PART 5
PAYMENTS FOR KANSAS V. COLORADO LITIGATION
24-31-501 to 24-31-503. (Repealed)
Editor's note: (1) This part 5 was added in 2005 and was not amended prior to its repeal in 2007. For the text of this part 5 prior to 2007, consult the 2006 Colorado Revised Statutes.
(2) Section 24-31-503 provided for the repeal of this part 5, effective July 1, 2007. (See L. 2005, p. 413.)
PART 6
SAFE2TELL ACT
24-31-601. Short title. This part 6 shall be known and may be cited as the Safe2tell Act.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 889, § 2, effective August 6.
24-31-602. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The purpose of this part 6 is to empower students and the community by offering a comprehensive program of education, awareness, and training and a readily accessible tool that allows students and the community to easily provide anonymous information about unsafe, potentially harmful, dangerous, violent, or criminal activities in schools, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials; and
(b) The ability to anonymously report information about unsafe, potentially harmful, dangerous, violent, or criminal activities in schools before or after they have occurred is critical in reducing, responding to, and recovering from these types of events in schools.
(2) The general assembly therefore finds that it is appropriate and necessary to provide for the anonymity of a person who provides information to law enforcement and public safety agencies and school officials and to provide for the confidentiality of associated materials.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 889, § 2, effective August 6.
24-31-603. Definitions. As used in this article, unless the context otherwise requires:
(1) Department means the department of law.
(2) In camera review means an inspection of materials by the court, in chambers, to determine what, if any, materials are discoverable.
(3) Materials means any records, reports, claims, writings, documents, or information anonymously reported or information related to the source of materials.
(4) Program means the safe2tell program.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6.
24-31-604. Administration of article. The attorney general shall administer the provisions of this part 6.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6.
24-31-605. Delegation of duties. The powers and duties vested in the attorney general by this part 6 may be delegated to qualified employees of the department.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6.
24-31-606. Safe2tell program - creation - duties. (1) There is created, within the department, the safe2tell program.
(2) The program must:
(a) Establish and maintain methods of anonymous reporting concerning unsafe, potentially harmful, dangerous, violent, or criminal activities in schools or the threat of those activities;
(b) Establish methods and procedures to ensure that the identity of the reporting parties remains unknown to all persons and entities, including law enforcement officers and employees operating the program;
(c) Establish methods and procedures so that information obtained from a reporting party who voluntarily discloses his or her identity and verifies that he or she is willing to be identified may be shared with law enforcement officers, employees operating the program, and school officials;
(d) Establish methods and procedures to ensure that a reporting party's identity that becomes known through any means other than voluntary disclosure is not further disclosed;
(e) Promptly forward information received by the program to the appropriate law enforcement or public safety agency or school officials. The program is not required to forward information if the call was transferred to the statewide behavioral crisis response system created pursuant to section 27-60-103.
(f) Train law enforcement dispatch centers, school districts, individual schools, and other entities determined by the attorney general on appropriate awareness and response to safe2tell tips. Training materials outlining appropriate response to safe2tell tips may be developed in collaboration with stakeholders to ensure standardized messaging.
(g) Provide safe2tell awareness and educational materials to all elementary and secondary schools in Colorado with a primary focus on targeting marketing materials to Colorado school-age children, teachers, administrators, education professionals, and, subject to available funds, other youth-related organizations, including boys and girls clubs and 4-H extension offices, at no charge to the school or recipient. The materials described in this subsection (2)(g) and subsection (2)(h) of this section must include an explanation of the circumstances pursuant to section 24-31-607 (3) or (4) when a student's report may not remain anonymous.
(h) Provide safe2tell awareness and education materials to Boys & Girls Clubs and 4-H extension offices in Colorado at no charge to the Boys & Girls Clubs and 4-H extension offices on or before June 30, 2017, and annually each fiscal year thereafter;
(i) Develop training curriculum and teaching materials for a train the trainer program;
(j) Annually organize, host, and conduct training in all geographic regions of the state and provide related materials to persons who attend the training at no charge to the attendee;
(k) Provide training and support to all elementary and secondary schools and school districts in Colorado regarding school safety related to the safe2tell program, including answering questions and discussing reports received by the program;
(l) Provide educational materials to all elementary and secondary schools in Colorado aimed at preventing misuse of the program;
(m) Provide technical assistance and support to law enforcement officials and school officials when there is misuse of the program; and
(n) Analyze and follow up with law enforcement and schools to determine the outcome of a report made to the program, including actions taken on the report.
(3) On or before February 1, 2021, the department, in collaboration with stakeholders, shall devise a process and develop standardized protocols so that any communication related to mental health or substance use received by safe2tell, including any communication related to another person, may be transferred, as appropriate, to the statewide behavioral crisis response system created pursuant to section 27-60-103.
(4) Beginning on or before August 1, 2024, the department shall annually convene a training meeting for school resource officers, as described in section 22-32-146, and school officials to discuss best practices in responding to safe2tell reports, including defining roles, communication about a report, outcome reporting, and training resources to improve school resource officers' support of students and school staff. Safe2tell may conduct a survey to collect data and discussions regarding safe2tell operations.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6. L. 2016: (2)(f) and (2)(g) amended and (2)(h), (2)(i), and (2)(j) added, (SB 16-193), ch. 227, p. 867, § 1, effective June 6. L. 2018: (2)(i) amended and (2)(k), (2)(l), (2)(m), and (2)(n) added, (HB 18-1434), ch. 235, p. 1474, § 1, effective August 8. L. 2020: (2)(e), (2)(f), (2)(g), (2)(k), and (2)(l) amended and (3) added, (HB 20-1113), ch. 259, p. 1252, § 1, effective July 8. L. 2021: (2)(g) amended, (SB 21-081), ch. 390, p. 2602, § 2, effective June 30. L. 2023: (4) added, (SB 23-070), ch. 116, p. 421, § 1, effective April 27.
24-31-607. In camera review - confidentiality of materials - criminal penalty. (1) (a) The safe2tell program and persons implementing and operating the program shall not be compelled to produce any materials except on the motion of a criminal defendant to the court in which the offense is being tried, supported by an affidavit establishing that the materials contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of that offense.
(b) If the defendant's motion is granted, the court shall conduct an ex parte in camera review of materials produced under the defendant's subpoena.
(c) If the court determines that the produced materials contain impeachment evidence or evidence that is exculpatory to the defendant, the court shall order the materials to be produced to the defendant pursuant to a protective order that includes, at a minimum, the redaction of the reporting party's identity and limitations on the use of the materials, as needed, unless contrary to state or federal law. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. After the time for appeal has expired, the court shall return the materials to the program.
(2) (a) Materials created or obtained through the implementation or operation of the program are confidential, and a person shall not disclose the material. The program and persons implementing or operating the program may be compelled to produce the materials only before a court or other tribunal and only pursuant to court order for an in camera review. Any such review shall be limited to an inspection of materials that are material to the specific case pending before the court. The attorney general acting on behalf of the safe2tell program shall have standing in any action to oppose the disclosure of materials in the custody of the safe2tell program.
(b) A person who knowingly discloses materials in violation of the provisions of this subsection (2) commits a class 1 misdemeanor.
(3) Notwithstanding any provision to the contrary, upon request by a law enforcement agency, the attorney general may disclose to law enforcement personnel any materials or information obtained through the implementation or operation of the program if the attorney general reasonably deems such disclosure necessary for the prevention of imminent physical harm or serious bodily injury to one or more persons.
(4) (a) (I) Notwithstanding subsections (2)(a) and (2)(b) of this section, a court may issue a court order for production of records, under seal, on request of a law enforcement agency, public safety agency, or district attorney, for program materials identifying a reporting party if the court, following an in-camera review of an affidavit and any other relevant material or evidence provided under seal by the requesting party, determines probable cause exists that a reporting party to the program knowingly used the program in the commission of false reporting of an emergency, as defined in section 18-8-111 (2), and that release of program materials is justified on balance in view of the probable violation and the program purpose of anonymity.
(II) Any such request for a court order for production of records may be filed only after reasonable notice is provided to the attorney general. The requesting party shall note any response from the attorney general in the affidavit and the court shall consider the note in reviewing any application for a court order under this section.
(b) (I) A court shall order that a warrant issued pursuant to subsection (4)(a) of this section, and any related evidence used to obtain such warrant, be sealed. The program and any law enforcement agency, public safety agency, or district attorney that receives information pursuant to subsection (4)(a) of this section shall keep the information confidential.
(II) (A) A court may lift the sealing and confidentiality of the information, prior to the filing of charges, only on a motion of a district attorney upon showing of good cause following an in-camera review of the information. The district attorney shall provide reasonable notice and the opportunity to respond to the department of any motion to lift the seal filed pursuant to this section, prior to filing a motion pursuant to this section.
(B) Upon filing of charges against any person for charges that rely on information provided pursuant to a court order under this section, any sealing order will immediately expire and the information is subject to discovery obligations and necessary protective orders to preclude further dissemination of the material.
(c) If a district attorney is considering filing any criminal charges as a result of a production of records issued pursuant to subsection (4)(a) of this section, the district attorney shall first consider referring the alleged responsible person for an assessment for suitability to participate in restorative justice practices.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 891, § 2, effective August 6. L. 2021: (3) and (4) added, (SB 21-081), ch. 390, p. 2601, § 1, effective June 30.
24-31-608. Transfer of property. (1) On June 30, 2014, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of safe2tell, as it existed prior to said date, may be transferred to the department of law and become the property thereof; except that safe2tell, inc., shall maintain ownership of all intellectual property, including trademarks and service marks, owned by it prior to such date subject to the provisions of section 24-31-609.
(2) On June 30, 2014, any moneys held by the safe2tell nonprofit may be transferred to the safe2tell cash fund created pursuant to section 24-31-610.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 892, § 2, effective August 6. L. 2015: (2) amended, (SB 15-264), ch. 259, p. 959, § 65, effective August 5.
24-31-609. License of intellectual property. Commencing on June 30, 2014, all intellectual property of safe2tell, inc., including trademarks and service marks, is licensed to the department of law on a nonexclusive, perpetual, paid-up basis for use by the department of law in connection with the program, including all trademarks or service marks developed by safe2tell, inc., at any point in the future.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 892, § 2, effective August 6.
24-31-610. Safe2tell cash fund - creation. (1) There is created in the state treasury the safe2tell cash fund, referred to in this section as the fund. Moneys in the fund are subject to annual appropriation. The fund consists of:
(a) Fees charged by the department of law to cover the actual costs of producing and distributing manuals and other public awareness materials;
(b) Any revenues received pursuant to section 24-31-108 (2)(b);
(c) Any moneys held by the safe2tell nonprofit as of June 30, 2014, that are transferred to the fund pursuant to section 24-31-608 (2); and
(d) Any moneys that may be appropriated by the general assembly.
(2) All interest derived from the deposit and investment of moneys in the fund are credited to the fund. At the end of each fiscal year, all unexpended and unencumbered moneys in the fund remain in the fund and shall not be credited or transferred to the general fund or any other fund.
Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 892, § 2, effective August 6. L. 2015: (1)(c) amended, (SB 15-264), ch. 259, p. 959, § 66, effective August 5. L. 2020: (1)(b) amended, (SB 20-063), ch. 12, p. 56, § 11, effective September 14.
24-31-611. Annual report. (1) On or before December 1, 2018, and on or before December 1 of each year thereafter, the program shall analyze data from the preceding fiscal year and prepare a written report. The program shall post the report on the program's website and shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees, by January 1 of the year following publication of the report. The report must include data from the preceding fiscal year concerning the following and any recommendations concerning the following to the extent the information is available:
(a) A summary of outcomes and actions taken on reports made to the program;
(b) The number of safe2tell reports by category, broken down by month;
(c) The total number of incidents of misuse of the program, broken down into categories;
(d) The number of reports received involving a single incident;
(e) The number of times safe2tell was used by a reporting party to make a threat against or otherwise harm another person;
(f) The number of times a reporting party was in crisis and was reporting to the program to obtain assistance and the time it took to identify the reporting party and respond;
(g) The effectiveness of the safe2tell dispatch center in the department of public safety; and
(h) Recommendations regarding how to improve the program based on the available data.
(2) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the requirement for the report in subsection (1) of this section continues indefinitely.
Source: L. 2018: Entire section added, (HB 18-1434), ch. 235, p. 1475, § 2, effective August 8.
PART 7
COLORADO DOMESTIC VIOLENCE FATALITY REVIEW BOARD
Cross references: For the legislative declaration in SB 17-126, see section 1 of chapter 400, Session Laws of Colorado 2017.
24-31-701. Definitions. As used in this part 7, unless the context requires otherwise:
(1) Department means the department of law.
(2) Repealed.
(3) Review board means the Colorado domestic violence fatality review board created in section 24-31-702.
(4) Review team means a local or regional domestic violence fatality review team.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2082, § 2, effective August 9. L. 2022: (2) repealed, (SB 22-100), ch. 143, p. 941, § 5, effective May 2.
24-31-702. Colorado domestic violence fatality review board - creation - membership - purpose - duties. (1) The Colorado domestic violence fatality review board is established in the department to:
(a) Examine data collected by review teams during the preceding year;
(b) Identify measures to help prevent domestic violence fatalities and near-death incidents;
(c) Establish uniform methods for collecting, analyzing, and storing data relating to domestic violence fatalities and near-death incidents; and
(d) Make annual policy recommendations concerning domestic violence to the general assembly.
(2) (a) The review board includes the attorney general or his or her designee, who shall act as chair, and at least seventeen but not more than twenty other members, to be appointed by the attorney general on or before October 1, 2017, as follows:
(I) A medical professional with forensic experience;
(II) A domestic violence advocate representing a shelter or other domestic violence service organizations, who may not testify without consent of a victim pursuant to section 13-90-107 (1)(k)(II);
(III) A criminal defense attorney;
(IV) A representative of a law enforcement agency;
(V) The executive director of the department of public health and environment, or his or her designee;
(VI) A representative of a city attorney's office in Colorado who has experience working with victims of domestic violence or prosecuting domestic violence offenders;
(VII) A representative of a statewide nonprofit organization that offers training and expert advice to domestic violence programs that serve survivors of domestic violence, dating violence, and stalking;
(VIII) A representative of the department of human services' adult protection services;
(IX) A representative of the department of human services' child protection services;
(X) A representative of a probation, parole, or community corrections program;
(XI) A representative designated by the Colorado district attorneys' council;
(XII) A representative of a domestic violence treatment provider specializing in offender treatment;
(XIII) Two domestic violence survivors;
(XIV) A representative of the domestic violence offender management board created in section 16-11.8-103;
(XV) A representative of the Denver metro domestic violence fatality review committee;
(XVI) A judge or magistrate; and
(XVII) Such other members as the attorney general may determine, whose contributions would be valuable to the work of the review board; except that the attorney general may not appoint more than two members pursuant to this subsection (2)(a)(XVII).
(b) The review board must, to the extent practicable:
(I) Include members from throughout the state;
(II) Include members with disabilities;
(III) Reflect the ethnic diversity of the state; and
(IV) Include members who have knowledge of and experience with domestic violence.
(c) Members of the review board, other than the attorney general, serve for four-year terms and are eligible for reappointment no more than two times at the expiration of a four-year term.
(d) Members of the review board serve without compensation but may receive per diem and reimbursement for costs, subject to the availability of funds.
(e) The attorney general may fill any vacancies on the review board at any time.
(f) Before commencing service on the review team, each member shall submit the member's fingerprints to the Colorado bureau of investigation for the purposes of a criminal background check. The bureau shall forward the results of each background check to the attorney general. When the results of a fingerprint-based criminal history record check of a member performed pursuant to this section reveal a record of arrest without a disposition, the attorney general shall require that member to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(3) The review board shall convene its first meeting on or before November 1, 2017, and shall meet thereafter as determined by the membership.
(4) The review board shall coordinate with review teams to collect data, review and analyze the data, and prepare recommendations for the general assembly. The review board shall submit a written report of its recommendations to the health and human services and judiciary committees of the senate and the public health care and human services and judiciary committees of the house of representatives, or any successor committees, on or before December 1, 2018, and on or before December 1 each year thereafter. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required in this subsection (4) expires on September 1, 2022. The review board shall make the report available to the public on the department's website. The report may include, but is not limited to, the following:
(a) Recommendations for improving communication between public and private organizations and agencies;
(b) The number of domestic violence fatalities and near-death incidents that occurred in each county during the preceding year and the factors associated with each fatality;
(c) Recommendations for:
(I) Reducing the incidence of domestic violence in the state; and
(II) Improving responses to domestic violence incidents by the legal system and by communities; and
(d) Recommendations directed at primary prevention of domestic violence.
(5) Case review data will be stored in the manner determined by the review board. The review board shall work with review teams to incorporate and maintain existing data collection methods.
(6) In addition to collaborating with review teams, the review board may collaborate with other agencies or organizations to fulfill its duties pursuant to this part 7.
(7) Notwithstanding any provision of this section, the review board is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case.
(8) The review board shall provide technical assistance and training to local governments as needed to help establish and maintain a review team and shall provide technical assistance and training to existing review teams as needed.
(9) The review board shall pursue implementation of any review board recommendations pertaining, but not limited to:
(a) Improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk;
(b) Reducing the incidence of domestic violence and domestic violence fatalities in the state; and
(c) Improving responses to domestic violence incidents.
(10) The review board shall provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities.
(11) The review board shall make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards who may conduct a fatality review to create greater trust between local agencies and victims of domestic violence.
(12) (a) The review board shall coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities.
(b) The review board and local review teams shall coordinate to implement effective information-sharing related to identified domestic violence fatalities.
(13) (a) The review board shall perform outreach to local governments and organizations to promote the development of local review teams.
(b) The review board shall prioritize development and support of local review teams in underserved and rural communities.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2082, § 2, effective August 9. L. 2019: (2)(f) amended, (HB 19-1166), ch. 125, p. 550, § 31, effective April 18. L. 2022: (2)(f) amended, (HB 22-1270), ch. 114, p. 522, § 33, effective April 21; (8), (9), (10), (11), (12), and (13) added, (SB 22-100), ch. 143, p. 939, § 1, effective May 2.
24-31-703. Local and regional domestic violence fatality review teams - creation - membership - purpose - duties. (1) A city, county, or district court may establish a review team to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides related to domestic abuse.
(2) In establishing a review team, a city, county, or district court, to the extent practicable, shall select team members with subject-matter expertise from the following entities, with an attempt to reflect the racial and ethnic makeup of the city, county, or judicial district:
(a) Appropriate county departments;
(b) Domestic violence service providers;
(c) Law enforcement agencies;
(d) Prosecutors' offices;
(e) One or more county departments of public health;
(f) One or more county departments of human or social services;
(g) One or more coroner's offices or county medical examiner's offices or designees thereof;
(h) Batterer intervention services providers;
(i) The local parole division of the state board of parole;
(j) The local probation department;
(k) Hospitals;
(l) Judges of the county and district courts;
(m) Clerks of the county and district courts; and
(n) Survivors of domestic violence.
(3) (a) Each review team shall collect data on domestic violence fatalities and near-death incidents, conduct individual case reviews of domestic violence fatalities and near-death incidents, document case characteristics of those case reviews, and report this information to their communities and to the review board.
(b) Each review team shall determine its own structure and activities; except that, to ensure statewide consistency, each review team shall use any uniform method for collecting, analyzing, or storing data that is established by the review board pursuant to section 24-31-702 (1)(c).
(c) Each review team shall determine which incidents to review. A review by a review team may include examination and consideration of:
(I) Events leading up to the domestic violence incident;
(II) Available resources of the criminal legal system and community;
(III) Current laws and policies;
(IV) Actions taken by individuals and agencies, including individuals and agencies of the criminal justice and human services systems, related to the incident and the parties; and
(V) Any other information or action deemed relevant by the review team, including a review of public records and records for which public records exemptions are granted.
(4) Each review team shall submit data and recommendations to the review board:
(a) On or before September 1 of each year following the year in which the review team was established; or
(b) In the case of a review team in existence on August 9, 2017, on or before September 1, 2018, and on or before September 1 each year thereafter.
(5) (a) Notwithstanding subsection (1) of this section, no more than one review team may be created in any judicial district. Review teams in existence on August 9, 2017, are recognized as review teams under this part 7.
(b) Nothing in this section requires the formation of a review team.
(6) If a local or regional child fatality prevention review team is created in a judicial district pursuant to section 25-20.5-404, it may operate as a domestic violence review team pursuant to this section, so long as it:
(a) Uses a uniform method for collecting, analyzing, or storing data that is established by the review board pursuant to section 24-31-702 (1)(c); and
(b) Includes domestic violence expertise from entities described in subsection (2) of this section.
(7) Notwithstanding any provision of this section, a local or regional child fatality prevention review team is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2085, § 2, effective August 9.
24-31-704. Access to records - confidentiality - public access - immunity. (1) (a) Notwithstanding any other state law to the contrary, but subject to the requirements of applicable provisions of federal law, the review board and review teams have access to records and information that are relevant to a review of a domestic violence fatality and that are in the possession of a state or local governmental agency.
(b) The review board and review teams may access mental health and substance abuse treatment records only with the written consent of appropriate parties in accordance with applicable federal and state law.
(2) (a) All review board and review team meetings; activities of the review board and review teams, including activities of any issue-specific panel or ad hoc subcommittee formed by the review board or by review teams; review board and review team meeting notes and statements; health information and medical records obtained by the review board or by review teams; and any information obtained by the department in connection with the review board or review teams are confidential and are not subject to:
(I) The open meetings provisions of the Colorado Sunshine Act of 1972 set forth in section 24-6-402;
(II) The Colorado Open Records Act, part 2 of article 72 of title 24; or
(III) Subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, unless the information was obtained from another source that is separate and apart from the review board or review teams.
(b) Each member of the review board, each member of a review team, and each invited participant at a meeting shall sign a statement indicating an understanding of and adherence to confidentiality requirements. A person who knowingly violates confidentiality requirements commits a petty offense and, upon conviction, shall be punished as provided in section 18-1.3-503.
(c) A member of the review board, a member of a review team, a person who attends a review team meeting, and a person who presents information to a review team are not subject to examination in any civil or criminal proceeding concerning information presented to members of the review team or opinions formed by the review team based on that information. A person may, however, be examined concerning information reviewed by the review board or a review team that is otherwise available to the public or that is required to be revealed by that person in an official capacity.
(d) Information, documents, records, notes, memoranda, and data of the review board and the review teams are not subject to subpoena, discovery, or introduction into evidence in any action in any court or before any tribunal, board, agency, or person and may not be exhibited or disclosed in any way by any person unless the information was obtained from another source that is separate and apart from the review board or review teams, except as may be necessary for furthering the duties of the review board or the review teams or in response to an alleged violation of a confidentiality agreement pursuant to subsection (2)(b) of this section.
(3) A member of the review board, a member of a review team, and any person acting as a witness to, incident reporter to, or investigator for the review board or a review team is not liable for any act or proceeding undertaken or performed within the scope of the functions of the review board or review team unless he or she acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2087, § 2, effective August 9. L. 2021: (2)(b) amended, (SB 21-271), ch. 462, p. 3226, § 415, effective March 1, 2022.
24-31-705. Colorado domestic violence fatality review board contracts - grants - cash fund created. (Repealed)
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2088, § 2, effective August 9. L. 2022: Entire section repealed, (SB 22-100), ch. 143, p. 940, § 3, effective May 2.
24-31-706. Repeal of part. This part 7 is repealed, effective September 1, 2027. Prior to the repeal of this part 7, the domestic violence fatality review board must be reviewed as provided for in section 2-3-1203.
Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2089, § 2, effective August 9. L. 2022: Entire section amended, (SB 22-100), ch. 143, p. 940, § 2, effective May 2.
PART 8
MEDICAID FRAUD CONTROL
Cross references: For the legislative declaration in HB 18-1211, see section 1 of chapter 159, Session Laws of Colorado 2018.
24-31-801. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Abuse means willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or financial harm or pain or mental anguish, including any acts or omissions that constitute a criminal violation under state law.
(2) Beneficiary means any individual who receives goods or services from a provider under the medicaid program.
(3) Benefit means any benefit authorized under the Colorado Medical Assistance Act.
(4) Claim means any communication submitted to the medicaid program or to a person that has contracted with the medicaid program, whether oral, written, electronic, or magnetic, that identifies a good, item, or service as reimbursable under the medicaid program; is used to authorize the provision of services under the medicaid program; serves as an invoice for services provided under contract with the medicaid program; or states income or expense and is or may be used to determine a rate of payment under the medicaid program.
(5) Colorado Medical Assistance Act means articles 4 to 6 of title 25.5.
(6) Exploitation means the wrongful taking or use of funds or property of a patient residing in a health-care facility or board and care facility that constitutes a criminal violation under state law.
(7) Knowingly and willfully have the same meaning as set forth in section 18-1-501 (6).
(8) Material information means an assertion or information directly pertaining to a claim, record, statement, or representation that a reasonable person knows or should know will affect the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that would directly or indirectly benefit the person making the assertion.
(9) Medicaid fraud and waste means any act, by commission or omission, as described in section 24-31-808.
(10) Medicaid program means the medical assistance program authorized by Title XIX of the federal Social Security Act and implemented by the Colorado Medical Assistance Act.
(11) Neglect means willful failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness, including any neglect that constitutes a criminal violation under state law.
(12) Person means an individual, public or private institution, corporation, partnership, association, or managed care entity.
(13) Provider means any person, employee, agent, representative, contractor, or subcontractor of a person:
(a) Who has entered into a provider agreement with the department of health care policy and financing to provide goods or services pursuant to the medicaid program;
(b) Who has entered into an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medicaid program;
(c) Who is reimbursed or receives compensation for delivering, purporting to deliver, or arranging for the delivery of health-care goods or services from the medicaid program;
(d) Who is defined as such in section 25.5-4-103 (19); or
(e) Who is defined as such in section 25.5-4-416 (1).
(14) Records means any medical, professional, or business records relating to the treatment or care of any beneficiary, to goods or services provided to any beneficiary, or to rates paid for goods or services provided to any beneficiary and any records that are required to be kept by the rules of the medicaid program.
(15) Statement or representation means any oral, written, or electronic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the medicaid program, that may serve as the basis for the calculation of a payment to a provider, or that may serve as a basis for receiving payment.
(16) Unit means the medicaid fraud control unit created in section 24-31-802.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1113, § 2, effective January 1, 2019.
24-31-802. Medicaid fraud control unit - creation - duties. There is created within the department of law and under the control of the office of the attorney general the medicaid fraud control unit. The unit shall investigate and prosecute fraud, misuse, waste, and abuse committed by medicaid providers and investigate and prosecute cases of patient abuse, neglect, and exploitation.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1114, § 2, effective January 1, 2019.
24-31-803. Medicaid fraud reporting. The department of health care policy and financing; the department of public health and environment; managed care entities; and their fiscal agents, contractors, or subcontractors, shall refer all cases where the agency or entity has reasonable cause to believe that there is suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation to the unit for the purpose of investigation, civil action, or criminal action. Nothing contained in this part 8 prohibits the attorney general from pursuing cases of suspected medicaid fraud and waste or patient abuse, neglect, and exploitation cases absent such a referral.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, § 2, effective January 1, 2019.
24-31-804. Medicaid fraud control unit - displayed information. The department of health care policy and financing may require that a notification be included in any explanation of benefits provided to a beneficiary that explains the process and contact information for reporting to the unit suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation. Any notification required pursuant to this section must be placed in a conspicuous location within the explanation of benefits and must include a statement that all reports to the unit may be filed anonymously by persons suspecting fraudulent activity.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, § 2, effective January 1, 2019.
24-31-805. Medicaid fraud control unit authority and responsibilities. (1) In carrying out the responsibilities of this section, the unit has the authority to:
(a) Investigate and prosecute civil actions and proceedings, pursuant to section 25.5-4-301 (2) or sections 25.5-4-303.5 to 25.5-4-310;
(b) Investigate and prosecute criminal medicaid fraud and waste pursuant to this part 8 and title 18;
(c) Investigate and prosecute patient abuse, neglect, or exploitation provided that prior to the filing of any criminal charges involving patient abuse, neglect, or exploitation by either complaint or grand jury indictment the unit shall first consult with the district attorney of the judicial district where the prosecution would be initiated. If after such consultation the district attorney agrees with the filing of charges, the unit shall cross-designate the district attorney or his or her designated assistant or deputy district attorney as a special assistant attorney general on the case. If after such consultation the district attorney does not agree with the filing of charges, the unit may file the case independently.
(d) Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions;
(e) Administer oaths and take sworn statements under penalty of perjury; and
(f) Serve and execute, in any county, search warrants that relate to investigations.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, § 2, effective January 1, 2019.
24-31-806. Civil investigative demands and subpoenas. (1) Civil investigative demands issued pursuant to this part 8 are subject to the requirements of section 25.5-4-309.
(2) Subpoenas issued pursuant to this part 8 must comply with the provisions of article 90 of title 13 and any court rule.
(3) Any testimony obtained pursuant to a civil investigative demand issued pursuant to this section is not admissible in evidence in any criminal prosecution against the person compelled to testify pursuant to the civil investigative demand. The provisions of this subsection (3) do not prevent the attorney general from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1116, § 2, effective January 1, 2019.
24-31-807. Provider applications - false statements - penalties. (1) Each application to participate as a provider in the medicaid program, including amendments, updates, renewals, or revalidations thereof; each report stating income or expense upon which rates of payment are or may be based; and each invoice for payment for a good or service provided to a beneficiary must contain a statement that all matters stated therein are true and accurate, and the statement must be signed by the individual authorized by the provider.
(2) An application under subsection (1) of this section is a public record or instrument as described in section 18-5-102 (1)(d).
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1116, § 2, effective January 1, 2019.
24-31-808. Medicaid fraud and waste - penalties - definition. (1) A person commits medicaid fraud and waste when that person knowingly and willfully:
(a) With intent to defraud, makes a claim, or causes a claim to be made, knowing the claim contains material information that is false, in whole or in part, by commission or omission;
(b) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission;
(c) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use by another in obtaining a good or a service under the medicaid program, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission;
(d) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use in qualifying as a provider of a good or service under the medicaid program, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission;
(e) With intent to defraud, signs or submits, or causes to be signed or submitted, a statement described in section 24-31-807 with the knowledge that the application, report, claim, or invoice for services provided under contract contains material information that is false, in whole or in part, by commission or omission;
(f) Except as authorized by law, and without consent of the beneficiary, charges any beneficiary money or other consideration in addition to or in excess of rates of remuneration established under the medicaid program for the services provided to the beneficiary;
(g) Having submitted a claim for or received payment for a good or a service under the medicaid program:
(I) With the intent to prevent their disclosure and review by representatives of the state or their designees, alters, falsifies, or conceals any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received; destroys or removes such records; or fails to maintain such records as required by law or the rules of the department of health care policy and financing for a period of at least six years following the date on which payment was received; or
(II) Alters, falsifies, or conceals any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based, or destroys or removes such records with the intent to prevent their review by representatives of the state or their designees;
(h) Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or service under the medicaid program stating that he or she is in compliance with all provisions of section 25.5-4-416, knowing that the statement or representation contains material information that is false, in whole or in part, through commission or omission; or
(i) Except as authorized by law, and without consent of the beneficiary, recovers or attempts to recover payment from a beneficiary under the medicaid program or from the beneficiary's family or fails to credit the state for payments received from other sources.
(2) Absent knowing or willful conduct, a provider is not liable for medicaid fraud and waste committed by a third party. A provider does not knowingly and willfully violate a requirement, standard, or directive contained in written materials issued by the department of health care policy and financing that was not promulgated in accordance with the State Administrative Procedure Act, article 4 of title 24, unless the provider has actual knowledge of such requirement, standard, or directive at the time of the violation.
(3) Medicaid fraud in violation of subsections (1)(a) to (1)(c) or (1)(f) of this section is:
(a) A petty offense if the aggregate amount of payments illegally claimed or received is less than three hundred dollars;
(b) Repealed.
(c) A class 2 misdemeanor if the aggregate amount of payments illegally claimed or received is three hundred dollars or more but less than one thousand dollars;
(d) A class 1 misdemeanor if the aggregate amount of payments illegally claimed or received is one thousand dollars or more but less than two thousand dollars;
(e) A class 6 felony where the aggregate amount of payments illegally claimed or received is two thousand dollars or more but less than five thousand dollars;
(f) A class 5 felony where the aggregate amount of payments illegally claimed or received is five thousand dollars or more but less than twenty thousand dollars;
(g) A class 4 felony where the aggregate amount of payments illegally claimed or received is twenty thousand dollars or more but less than one hundred thousand dollars;
(h) A class 3 felony where the aggregate amount of payments illegally claimed or received is one hundred thousand dollars or more but less than one million dollars; and
(i) A class 2 felony where the aggregate amount of payments illegally claimed or received is one million dollars or more.
(4) Medicaid fraud as a violation of subsection (1)(d), (1)(e), (1)(g), (1)(h), or (1)(i) of this section is a class 5 felony and shall be punished as provided in section 18-1.3-401.
(5) A person may not be convicted of medicaid fraud and waste in addition to theft or forgery with respect to the same transaction.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1116, § 2, effective January 1, 2019. L. 2021: (3)(a), (3)(c), and (3)(d) amended (SB 21-271), ch. 462, p. 3226, § 416, effective March 1, 2022; (3)(b)(II) added by revision (SB 21-271), ch. 462, pp. 3226, 3331, §§ 416, 803.
Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective March 1, 2022. (See L. 2021, p. 3226.)
24-31-809. Unlawful remuneration - penalties. (1) Except as provided in subsection (2) of this section, it is unlawful for any person to knowingly offer, pay, solicit, or receive any remuneration including, but not limited to, any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
(a) In return for the referral of an individual to a person for the furnishing or arranging of any good or service for which payment may be made in whole or in part pursuant to the Colorado Medical Assistance Act; or
(b) In return for purchasing, leasing, ordering, or arranging for or recommending the purchase, lease, or ordering of any good, facility, service, or item for which payment may be made in whole or in part pursuant to the Colorado Medical Assistance Act.
(2) It shall not be unlawful under subsection (1) of this section if the remuneration obtained by the provider or other entity is:
(a) Permitted pursuant to section 25.5-4-414 or any statutory exceptions or safe harbor regulations under the federal Anti-Kickback Statute, 42 U.S.C. sec. 1320a-7b (b), as amended;
(b) Properly disclosed and appropriately reflected in the claims or cost documents submitted under the Colorado Medical Assistance Act;
(c) Paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in providing the service; or
(d) Paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of providers, and:
(I) The person has a written contract with the providers that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchase made by the person; or
(II) In the case of a provider of services, the person discloses, in such form and manner as the department of health care policy and financing requires, to the provider and, upon request, to the department of health care policy and financing the amount received from each such vendor with respect to purchases made by or on behalf of the provider.
(3) A violation of this section is a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1118, § 2, effective January 1, 2019. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3227, § 417, effective March 1, 2022.
24-31-810. Other remedies available. (1) The provisions of this part 8 are not intended to be exclusive remedies and do not preclude the use of any other criminal prosecution directly related to criminal medicaid fraud and waste, as well as criminal patient abuse, neglect, and exploitation, or any other civil remedy for any act that is in violation of this part 8.
(2) In addition to any penalties provided for in this part 8, a claim under the Colorado Medical Assistance Act that includes items or services resulting from a violation of this part 8 or the federal Anti-Kickback Statute, 42 U.S.C. 1320a-7b (b), as amended, constitutes a false claim for purposes of the Colorado Medicaid False Claims Act, sections 25.5-4-303.5 to 25.5-4-310.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1119, § 2, effective January 1, 2019.
24-31-811. Limitation of action - three years. An action brought under this part 8 must be commenced within three years after the date of discovery of the commission of the offense, but no later than six years after the date of the commission of the offense. When a violation of this section is based on a series of acts performed at different times, the limitation period starts at the time the last act in the series is discovered.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1120, § 2, effective January 1, 2019.
PART 9
LAW ENFORCEMENT INTEGRITY
Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.
24-31-901. Definitions. As used in this part 9, unless the context otherwise requires:
(1) Contact means an in-person interaction with an individual, whether or not the person is in a motor vehicle, initiated by a peace officer, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. Contact does not include routine interactions with the public at the point of entry or exit from a controlled area; a non-investigatory and consensual interaction with a member of the public, initiated by a member of the public, unless and until the interaction progresses into an investigation of a possible violation of the law; a motorist assist; undercover interactions; or routine interactions with persons detained in a jail or detention facility.
(2) Demographic information means race, ethnicity, sex, and approximate age.
(2.5) Exonerated means dismissal of charges by the court or appropriate prosecutor or a not guilty verdict in a criminal prosecution, a finding of no liability in a civil action, a finding of no culpability or no liability or similar determination in an administrative proceeding, or a finding of not sustained in an internal investigation; except that a finding of no culpability or no liability in an administrative proceeding or a finding of not sustained in an internal investigation does not mean exonerated if the officer is found guilty in a subsequent criminal prosecution for the same conduct or found liable for the same conduct in a civil action.
(3) Peace officer means any person employed by a political subdivision of the state required to be certified by the P.O.S.T. board pursuant to section 16-2.5-102, a Colorado state patrol officer as described in section 16-2.5-114, and any noncertified deputy sheriff as described in section 16-2.5-103 (2).
(4) Physical force means the application of physical techniques or tactics, chemical agents, or weapons to another person.
(4.5) P.O.S.T. board means the peace officers standards and training board created in section 24-31-302.
(5) Serious bodily injury has the same meaning as in section 18-1-901 (3)(p).
(6) Tamper means to intentionally damage, disable, dislodge, or obstruct the sight or sound or otherwise impair functionality of the body-worn camera or to intentionally damage, delete, or fail to upload some or all portions of the video and audio.
(7) Weapon means a firearm, long gun, taser, baton, nun chucks, or projectile.
Source: L. 2020: Entire part added, (SB 20-217), ch. 110, p. 445, § 2, effective June 19. L. 2021: (1) amended and (2.5), (4.5), and (7) added, (HB 21-1250), ch. 458, p. 3054, § 1, effective July 6.
24-31-902. Incident recordings - release - tampering - fine. (1) (a) (I) By July 1, 2023, all local law enforcement agencies in the state and the Colorado state patrol shall provide body-worn cameras for each peace officer of the law enforcement agency who interacts with members of the public. Law enforcement agencies may seek funding pursuant to section 24-33.5-519.
(II) (A) Except as provided in subsection (1)(a)(II)(B) or (1)(a)(II)(C) of this section, a peace officer shall wear and activate a body-worn camera or dash camera, if the peace officer's vehicle is equipped with a dash camera, when responding to a call for service, entering into a premises for the purposes of enforcing the law or in response to a call for service, during a welfare check except for a motorist assist, or during any interaction with the public initiated by the peace officer, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. The body-worn camera or dash camera does not need to be on when en route to a call for service, but should be turned on shortly before the vehicle approaches the scene.
(B) A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident; and in administrative, tactical, and management discussions when civilians are not present.
(C) A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover.
(D) The provisions of this subsection (1)(a)(II) do not apply to jail peace officers or staff of a local law enforcement agency working in any place in the jail that has functioning video cameras; except that this subsection (1)(a)(II) applies to jail peace officers when performing a task that requires an anticipated use of force, including cell extractions and restraint chairs. The provisions of this subsection (1)(a)(II) also do not apply to the civilian or administrative staff of the Colorado state patrol or a local law enforcement agency, the executive detail of the Colorado state patrol, and peace officers working in a courtroom.
(E) Notwithstanding any other provision of this section, a peace officer shall not activate a body-worn camera or dash camera and capture, view, or otherwise record the defense viewing, inspecting, or discussing the viewing or inspection of a tangible object held in connection with a criminal case. When the defense views or inspects evidence pursuant to section 16-9-801, it is not an interaction with the public initiated by the peace officer, and the defense, including members of the defense team, are not members of the public. It is also not for the purpose of enforcing the law or investigating possible violations of the law.
(III) If a peace officer fails to activate a body-worn camera or dash camera as required by this section or tampers with body-worn- or dash-camera footage or operation when required to activate the camera, there is a permissive inference in any investigation or legal proceeding, excluding criminal proceedings against the peace officer, that the missing footage would have reflected misconduct by the peace officer. If a peace officer fails to activate or reactivate his or her body-worn camera as required by this section or tampers with body-worn- or dash-camera footage or operation when required to activate the camera, any statements or conduct sought to be introduced in a prosecution through the peace officer related to the incident that were not recorded due to the peace officer's failure to activate or reactivate the body-worn camera as required by this section or if the statement or conduct was not recorded by other means creates a rebuttable presumption of inadmissibility. Notwithstanding any other provision of law, this subsection (1)(a)(III) does not apply if the body-worn camera was not activated due to a malfunction of the body-worn camera and the peace officer was not aware of the malfunction, or was unable to rectify it, prior to the incident, provided that the law enforcement agency's documentation shows the peace officer checked the functionality of the body-worn camera at the beginning of his or her shift.
(IV) (A) In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, the peace officer's employer shall impose discipline up to and including termination, to the extent permitted by applicable constitutional and statutory personnel laws and case law.
(B) In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, with the intent to conceal unlawful or inappropriate actions or obstruct justice, the P.O.S.T. board shall suspend the peace officer's certification for a period of not less than one year and the suspension may only be lifted within the period of the suspension if the peace officer is exonerated by a court, administrative law judge, or internal affairs investigation.
(C) In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, with the intent to conceal unlawful or inappropriate actions, or obstruct justice, in an incident resulting in a civilian death or serious bodily injury, the P.O.S.T. board shall permanently revoke the peace officer's certification and the revocation may only be overturned if the peace officer is exonerated by a court, administrative law judge, or internal affairs investigation.
(b) A local law enforcement agency and the Colorado state patrol shall establish and follow a retention schedule for body-worn camera recordings in compliance with Colorado state archives rules and direction.
(2) (a) For all incidents in which there is a complaint of peace officer misconduct by another peace officer, a civilian, or nonprofit organization, through notice to the law enforcement agency involved in the alleged misconduct, the local law enforcement agency or the Colorado state patrol shall release, upon request, all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the public within twenty-one days after the local law enforcement agency or the Colorado state patrol received the request for release of the video or audio recordings.
(b) (I) All video and audio recordings depicting a death must be provided upon request to the victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative, and such person shall be notified of his or her right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and review the recording at least seventy-two hours prior to public disclosure. A person seventeen years of age and under is considered incapacitated, unless legally emancipated.
(II) (A) Notwithstanding any other provision of this section, any video that raises substantial privacy concerns for criminal defendants, victims, witnesses, juveniles, or informants, including video depicting nudity; a sexual assault; a medical emergency; private medical information; a mental health crisis; a victim interview; a minor, including any images or information that might undermine the requirement to keep certain juvenile records confidential; any personal information other than the name of any person not arrested, cited, charged, or issued a written warning, including a government-issued identification number, date of birth, address, or financial information; significantly explicit and gruesome bodily injury, unless the injury was caused by a peace officer; or the interior of a home or treatment facility, shall be blurred to protect the substantial privacy interest while still allowing public release. Unblurred footage shall not be released without the written authorization of the victim or, if the victim is deceased or incapacitated, the written authorization of the victim's next of kin. A person seventeen years of age and under is considered incapacitated, unless legally emancipated. This subsection (2)(b)(II)(A) does not permit the removal of any portion of the video.
(B) If blurring is insufficient to protect the substantial privacy interest, the local law enforcement agency or the Colorado state patrol shall, upon request, release the video to the victim or, if the victim is deceased or incapacitated, to the victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative within twenty days after receipt of the complaint of misconduct. In cases in which the recording is not released to the public pursuant to this subsection (2)(b)(II)(B), the local law enforcement agency shall notify the person whose privacy interest is implicated, if contact information is known, within twenty days after receipt of the complaint of misconduct, and inform the person of his or her right to waive the privacy interest.
(C) A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of a written waiver of the applicable privacy interest, accompanied by a request for release, the law enforcement agency may not redact or withhold release to protect that privacy interest.
(III) Any video that would substantially interfere with or jeopardize an active or ongoing investigation may be withheld from the public; except that the video shall be released no later than forty-five days from the date of the allegation of misconduct; except that in a case in which the only offenses charged are statutory traffic infractions, the release of the video may be delayed pursuant to rule 8 of the Colorado rules for traffic infractions. In all cases when release of a video is delayed in reliance on this subsection (2)(b)(III), the prosecuting attorney shall prepare a written explanation of the interference or jeopardy that justifies the delayed release, contemporaneous with the refusal to release the video. Upon release of the video, the prosecuting attorney shall release the written explanation to the public.
(c) If criminal charges have been filed against any party to the incident, that party must file any constitutional objection to release of the recording in the pending criminal case before the twenty-one-day period expires. Only in cases in which there is a pending criminal investigation or prosecution of a party to the incident, the twenty-one-day period shall begin from the date of appointment of counsel, the filing of an entry of appearance by counsel, or the election to proceed pro se by the defendant, receipt of the criminal complaint, and the defendant's receipt of the video in discovery in the criminal prosecution made on the record before a judge. If the defendant elects to proceed pro se in the criminal case, the court shall advise the defendant of the twenty-one-day deadline for the defendant to file any constitutional objection to release of the recording in the pending criminal case as part of the court's advisement. The court shall hold a hearing on any objection no later than seven days after it is filed and issue a ruling no later than three days after the hearing. The hearing is considered a critical stage as defined in section 24-4.1-302 and gives victims the right to be heard pursuant to section 24-4.1-302.5.
(3) Subsection (1)(a)(III) of this section, as it relates to only an officer tampering with body-worn or dash-camera footage or operation, and subsection (2) of this section apply on and after July 6, 2021, when a peace officer is wearing a body-worn camera or the officer's vehicle is equipped with a dash camera. If a peace officer is wearing a body-worn camera or the officer's vehicle is equipped with a dash camera, the remaining portions of this section apply on and after July 1, 2022. This section does not require a law enforcement agency to provide its law enforcement officers with body-worn cameras prior to July 1, 2023.
Source: L. 2020: Entire part added, (SB 20-217), ch. 110, p. 446, § 2, effective July 6, 2021. L. 2021: (1)(a)(I), (1)(a)(II)(A), (1)(a)(II)(B), (1)(a)(II)(D), (1)(a)(III), (1)(a)(IV)(B), (1)(a)(IV)(C), (2)(a), (2)(b)(II), (2)(b)(III), and (2)(c) amended and (3) added, (HB 21-1250), ch. 458, p. 3055, § 2, effective July 6. L. 2025: (1)(a)(II)(E) added, (HB 25-1114), ch. 34, p. 175, § 2, effective July 1.
Editor's note: Section 23 of House Bill 21-1250 changed the effective date of this section, as enacted in Senate Bill 20-217, from July 1, 2023, to the effective date of House Bill 21-1250, July 6, 2021. (See L. 2021, p. 3074.)
24-31-903. Division of criminal justice report. (1) Beginning July 1, 2023, the division of criminal justice in the department of public safety shall create an annual report including all of the information that is reported to the division pursuant to subsection (2) of this section, aggregated and broken down by the law enforcement agency that employs peace officers, along with the underlying data.
(2) Beginning April 1, 2022, the Colorado state patrol and each local law enforcement agency that employs peace officers shall report to the division of criminal justice the following using data-collection methods developed for this purpose by the division of criminal justice in conjunction with the Colorado bureau of investigation and local law enforcement agencies:
(a) All use of force by its peace officers that results in death or serious bodily injury or that involves the use of a weapon, including:
(I) The date, time, and location of the use of force;
(II) The perceived demographic information of the person contacted, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data;
(III) The names of all peace officers who were at the scene, identified by whether the peace officer was involved in the use of force or not; except that the identity of other peace officers at the scene not directly involved in the use of force shall be identified by the officer's identification number issued by the P.O.S.T. board unless the peace officer is charged criminally or is a defendant to a civil suit as a result arising from the use of force;
(IV) The type of force used, the severity and nature of the injury, whether the peace officer suffered physical injury, and the severity of the peace officer's injury;
(V) Whether the peace officer was on duty at the time of the use of force;
(VI) Whether a peace officer unholstered or brandished a weapon during the incident, and, if so, the type of weapon;
(VII) Whether a peace officer discharged a weapon during the incident;
(VIII) Whether the use of force resulted in a law enforcement agency investigation and the result of the investigation;
(IX) Whether the use of force resulted in a civilian complaint and the resolution of that complaint;
(X) Whether an ambulance was called to the scene and whether a person was transported to a hospital from the scene whether in an ambulance or other transportation; and
(XI) Whether the person contacted exhibited a weapon during the interaction leading up to the injury or death, and, if so, the type of weapon and whether it was discovered before or after the use of force;
(b) All instances when a peace officer resigned while under investigation for violating department policy;
(c) All data relating to contacts and entries into a residence, including a forcible entry, conducted by its peace officers, including:
(I) The perceived demographic information of the person contacted provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data; except that this subsection (2)(c)(I) does not apply to a person contacted who is a witness to a crime or a survivor of a crime;
(II) Whether the contact was a traffic stop;
(II.5) Whether the contact was a showup, as defined in section 16-1-110 (1)(b);
(III) The time, date, and location of the contact;
(IV) The duration of the contact;
(V) The reason for the contact;
(VI) The suspected crime;
(VII) The result of the contact, such as:
(A) No action, warning, citation, property seizure, or arrest;
(B) If a warning or citation was issued, the warning provided or violation cited;
(C) If an arrest was made, the offense charged;
(D) If the contact was a traffic stop, the information collected, which is limited to the driver;
(E) If the contact was a showup, the information collected pursuant to section 16-1-109 (6) for the eyewitness and the subject.
(VIII) The actions taken by the peace officer during the contact, including but not limited to whether:
(A) The peace officer asked for consent to search the person, and, if so, whether consent was provided;
(B) The peace officer searched the person, a vehicle, or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any;
(C) The peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property;
(D) A peace officer unholstered or brandished a weapon during the contact, and, if so, the type of weapon; and
(E) A peace officer discharged a weapon during the contact;
(d) All instances of unannounced entry into a residence, with or without a warrant, including:
(I) The date, time, and location of the use of unannounced entry;
(II) The perceived demographic information of the subject of the unannounced entry, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the entry and other available data;
(III) Whether a peace officer unholstered or brandished a weapon during the unannounced entry, and, if so, the type of weapon; and
(IV) Whether a peace officer discharged a weapon during the unannounced entry.
(e) The number of officer-involved civilian deaths.
(3) The Colorado state patrol and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, eyewitness or subject in a showup, or persons contacted, searched, or subjected to a property seizure. Notwithstanding any provision of law to the contrary, the data reported pursuant to this section is available to the public pursuant to subsection (4) of this section.
(4) The division of criminal justice shall maintain a statewide database with data collected pursuant to this section, in a searchable format, and publish the database on its website.
(5) The Colorado state patrol and any local law enforcement agency that fails to meet its reporting requirements pursuant to this section is:
(a) Subject to the suspension of its funding by its appropriating authority; and
(b) Unless the Colorado state patrol or local law enforcement agency is working with the division of criminal justice to meet its reporting requirements pursuant to this section, not eligible to be awarded grants under the multidisciplinary crime prevention grant program in section 24-33.5-527, the law enforcement workforce recruitment, retention, and tuition grant program in section 24-33.5-528, or the state's mission for assistance in recruiting and training (SMART) policing grant program in section 24-33.5-529.
Source: L. 2020: Entire part added, (SB 20-217), ch. 110, p. 449, § 2, effective June 19. L. 2021: IP(2), IP(2)(a), (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), (2)(a)(IX), IP(2)(c), (2)(c)(I), (2)(c)(VIII)(B), (2)(c)(VIII)(D), (2)(c)(VIII)(E), (2)(d)(III), (2)(d)(IV), and (2)(e) amended and (2)(a)(X) and (2)(a)(XI) added, (HB 21-1250), ch. 458, p. 3058, § 3, effective July 6; (2)(c)(II.5) and (2)(c)(VII)(E) added and (3) amended, (HB 21-1142), ch. 312, p. 1906, § 4, effective September 7. L. 2024: (5) amended, (HB 24-1421), ch. 125, p. 416, § 1, effective July 1 (see editor's note).
Editor's note: Section 6 of HB 24-1421 (L. 2024, ch. 125) was amended by section 1 of SB 24-215 (L. 2024, ch. 164) to change the effective date of HB 24-1421 from April 29, 2024, to July 1, 2024.
Cross references: For the legislative declaration in HB 21-1142, see section 1 of chapter 312, Session Laws of Colorado 2021.
24-31-904. Peace officer certification discipline. (1) (a) Notwithstanding any provision of law, the P.O.S.T. board shall permanently revoke a peace officer's certification if:
(I) The P.O.S.T. certified peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use of physical force or a crime involving the failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person;
(II) Repealed.
(III) An administrative law judge, hearing officer, or internal investigation finds that a peace officer used unlawful physical force, failed to intervene, or violated section 18-1-707, and the incident resulted in serious bodily injury or death to another person;
(IV) An administrative law judge, hearing officer, or internal investigation finds that a peace officer failed to intervene pursuant to section 18-8-805 (5) and the incident resulted in death to another person; or
(V) An administrative law judge, hearing officer, or internal investigation finds that a peace officer violated section 18-8-805 (1) or (2)(a)(I) and the incident resulted in death to another person.
(b) The P.O.S.T. board shall not, under any circumstances, reinstate the peace officer's certification or grant new certification to the peace officer unless the peace officer is exonerated by an administrative law judge, hearing officer, or court. The P.O.S.T. board shall record each peace officer whose certification is revoked pursuant to this section in the database created pursuant to section 24-31-303 (1)(r).
(1.5) The P.O.S.T. board may permanently revoke a peace officer's certification if the P.O.S.T.-certified peace officer is found civilly liable for the use of excessive or unconstitutional physical force or is found civilly liable for failure to intervene in the use of excessive or unconstitutional force, and the incident resulted in serious bodily injury or death to another person.
(2) (a) Notwithstanding any provision of law, the P.O.S.T. board shall suspend a peace officer's certification for at least a year if:
(I) The P.O.S.T. certified peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of physical force or a crime involving the failure to intervene in the use of unlawful force and the incident did not result in serious bodily injury or death to another person;
(II) Repealed.
(III) An administrative law judge, hearing officer, or internal investigation finds that a peace officer used or threatened to use unlawful physical force, failed to intervene, or violated section 18-1-707, and the incident did not result in serious bodily injury or death to another person; or
(IV) An administrative law judge, hearing officer, or internal investigation finds that a peace officer failed to intervene pursuant to section 18-8-805 (5), or violated section 18-8-805 (1) or (2)(a)(I), and the incident did not result in death to another person.
(b) The P.O.S.T. board shall reinstate the peace officer's certification if the peace officer is exonerated by an administrative law judge, hearing officer, or court.
(2.5) The P.O.S.T. board may suspend a peace officer's certification for at least one year if the P.O.S.T.-certified peace officer is found civilly liable for the use of excessive or unconstitutional physical force or is found civilly liable for failure to intervene in the use of excessive or unconstitutional force, and the incident did not result in serious bodily injury or death to another person.
(3) Notwithstanding this section, the P.O.S.T. board shall not suspend or revoke a peace officer's certification based on a final decision of an internal investigation unless and until subsections (3)(a) and (3)(b) of this section are complied with, no later than one hundred eighty days after the date the law enforcement agency reports an incident to the P.O.S.T. board:
(a) The law enforcement agency that employs or employed the peace officer shall notify the P.O.S.T. board upon any sustained findings of subsection (1)(a)(III) or (2)(a)(III) of this section, in a manner designated by the P.O.S.T. board. Upon receipt of the notification, the P.O.S.T. board shall notify the certificate holder of the certificate holder's right to request a hearing. Upon request of the P.O.S.T. board, the reporting agency shall provide relevant documents related to the sustained findings of subsection (1)(a)(III) or (2)(a)(III) of this section. For the purposes of this subsection (3), the records of any law enforcement agency that are submitted for review by the P.O.S.T. board remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.
(b) The certificate holder must request a hearing within thirty days after receipt of the P.O.S.T. board's notification. Upon the request by the certificate holder, the P.O.S.T. board shall refer the matter to an administrative law judge, who shall conduct a hearing in compliance with sections 24-4-104 and 24-4-105 to determine if the officer engaged in the alleged conduct.
(c) If the certificate holder either does not request a hearing or requests a hearing and the administrative law judge determines, after conducting the hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105, that the certificate holder violated subsection (1)(a)(III) or (2)(a)(III) of this section, the P.O.S.T. board shall revoke or suspend the peace officer's certification pursuant to subsection (1)(a) or (2)(a) of this section.
(4) The P.O.S.T. board has the authority to permanently revoke or suspend the certification of any peace officer who enters into a deferred judgement, deferred prosecution, or diversion agreement for a crime involving the unlawful use of physical force or a crime involving the failure to intervene in the unlawful use of force.
(5) If a law enforcement agency is investigating a peace officer for an incident that could result in a report pursuant to section 24-31-321 (1), the law enforcement agency shall inform the peace officer of the agency's duty to report that information and the consequences of the reporting.
(6) An employer shall not agree to a settlement with a peace officer that includes the employing organization agreeing to not report the information required pursuant to section 24-31-321 (1).
Source: L. 2020: Entire part added, (SB 20-217), ch. 110, p. 452, § 2, effective June 19. L. 2021: Entire section amended, (HB 21-1250), ch. 458, p. 3059, § 4, effective July 6; entire section amended, (HB 21-1251), ch. 450, p. 2962, § 6, effective July 6. L. 2025: (1)(a)(II) and (2)(a)(II) repealed and (1.5), (2.5), (5), and (6) added, (HB 25-1136), ch. 333, p. 1727, § 3, effective May 31.
Editor's note: Amendments to this section by HB 21-1250 and HB 21-1251 were harmonized.
24-31-905. Prohibited law enforcement action in response to protests. (1) In response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not:
(a) Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back;
(b) Discharge kinetic impact projectiles indiscriminately into a crowd; or
(c) Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.
Source: L. 2020: Entire part added, (SB 20-217), ch. 110, p. 452, § 2, effective June 19.
24-31-906. Retaliation against whistleblower officers prohibited - private right of action - exemptions - procedures - definitions. (1) (a) Due to the strong public policy interests protected by prohibiting unlawful retaliation against whistleblowers, a peace officer's employer or the employer's agent shall not discharge, discipline, demote, deny a promotion to, transfer or reassign, discriminate against, harass, suspend, create a hostile work environment for, subject to corrective action or reprimand, issue an employment rating that results in the loss of pay or adversely affects eligibility for promotion or for an assignment for, lay off, reduce work hours for, knowingly provide false information regarding a peace officer for the purpose of negatively affecting future employment opportunities for, or threaten any such actions against a peace officer, or otherwise discriminate against a peace officer in terms, conditions, or privileges of employment, because the peace officer disclosed in good faith information to the proper supervising authority that the peace officer reasonably believes shows:
(I) A danger to public health or safety; or
(II) An alleged violation of law committed by another peace officer.
(b) Departmental administrative procedures, such as suspension during an investigation, or departmental objective procedures used to distribute assignments or duties or meet the operational needs of the employer do not violate subsection (1)(a) of this section.
(c) A peace officer who discloses information pursuant to subsection (1)(a) of this section in good faith is engaging in a protected activity.
(d) This subsection (1) does not prevent an employer from complying with any disclosure requirements required by law or court rule or procedure.
(2) No later than January 1, 2022, all law enforcement agencies that employ P.O.S.T.-certified peace officers shall provide a training available to employees, a workplace posting, or both regarding the requirements of this section. If the law enforcement agency provides a posting, the law enforcement agency shall place the posting in an area that is readily accessible to all employees and printed in a readable format. For new employees hired after the date of the training for existing employees, the law enforcement agency shall provide the training during the employee's orientation.
(3) An employee aggrieved by a violation of subsection (1) of this section has a private right of action against the employer that violated subsection (1) of this section after the employee exhausts the internal administrative procedures pursuant to subsection (9) of this section.
(4) An employee whose protected activity pursuant to subsection (1) of this section was a contributing factor in the employer's action described in subsection (1) of this section may be awarded all relief necessary to make the employee whole, including, but not limited to:
(a) (I) Reinstatement, with the same seniority status that the employee would have had but for the violation of subsection (1) of this section; and
(II) The amount of back pay with interest;
(b) Any other equitable relief the court deems appropriate;
(c) Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses;
(d) Reasonable attorney fees and costs; and
(e) Any request for reinstatement or for an award of reasonable attorney fees shall be made to the court after a judgment is entered in favor of the employee. The parties are entitled to a hearing on the request prior to the court's determination.
(5) It is an affirmative defense to an action brought pursuant to this section if the employer shows by a preponderance of the evidence that the employer would have taken the action that forms the basis of the suit against the employee based on a legitimate nonretaliatory basis.
(6) An action brought pursuant to this section is not subject to the Colorado Governmental Immunity Act, article 10 of this title 24.
(7) An action brought pursuant to this section must be brought within two years after the date of the most recent adverse employment action described in subsection (1) of this section.
(8) (a) This section does not apply to an employee who discloses information that the employee knows to be false, who discloses information with disregard for the truth, or who discloses information without fully complying with subsection (9) of this section.
(b) An employee's disclosure of the employee's own act of negligence, unprofessional conduct, breach of a P.O.S.T. certification requirement, or violation of any local, state, or federal law is not a protected activity pursuant to this section and does not provide the employee with immunity related to the activity subject to the disclosure.
(c) This section does not prevent an employer from taking disciplinary action against an employee for reasons other than those specified in subsection (1) of this section.
(9) (a) When making a good faith report or disclosure protected by this section, an employee shall follow the internal reporting and internal administrative procedures of the employee's employer, to the extent the procedures exist and are provided to the employee in writing, and shall exhaust the procedures prior to initiating a private right of action pursuant to subsection (3) of this section. If the internal reporting procedure requires an employee to report to the individual who committed the act described in subsection (1)(a) of this section, the procedure must provide an alternative reporting procedure. The limitations period in subsection (7) of this section is tolled until the internal administrative process is complete.
(b) (I) A law enforcement agency shall complete the internal administrative procedure within one hundred eighty days after a report or disclosure.
(II) If a law enforcement agency does not adopt an internal administrative procedure or does not complete the internal administrative procedure within one hundred eighty days after a report or disclosure, this subsection (9) is deemed complied with and an employee may file a private right of action in any court of competent jurisdiction pursuant to subsection (3) of this section. If the law enforcement agency's internal administrative procedure has not been completed when an employee initiates a private right of action pursuant to subsection (3) of this section for reasons beyond the control of the law enforcement agency, including but not limited to the existence of an open criminal proceeding or an open critical incident response team investigation, the law enforcement agency may seek a stay of the private right of action pending resolution of the source of the delay.
(10) No later than January 1, 2026, all law enforcement agencies that employ P.O.S.T.-certified peace officers shall provide a training to employees or a workplace posting, or both, regarding the requirements of this section. If the law enforcement agency provides a workplace posting, the law enforcement agency shall place the posting in an area that is readily accessible to all employees and print the posting in a readable format. If the agency provides a training for new employees hired after the date of the training for existing employees, the law enforcement agency shall provide the training during the employee's orientation.
(11) As used in the section, unless the context otherwise requires:
(a) Employee means a peace officer as described in section 16-2.5-102 and a noncertified deputy sheriff as described in section 16-2.5-103 (2) who is employed by an employer and who has engaged in protected activity.
(b) Employer means any political subdivisions of the state, including, but not limited to, a county, city and county, municipality, public school district, or special-purpose district or authority; and its agents, employees, or assigns.
(c) Proper supervising authority means the person or department designated in the peace officer's employing law enforcement agency to investigate allegations of internal misconduct. If the employer does not have a policy designating a person or department to investigate allegations of misconduct, the proper supervising authority is the highest-ranking peace officer.
Source: L. 2021: Entire section added, (HB 21-1250), ch. 1250, p. 3061, § 5, effective July 6. L. 2025: (1) and (3) amended and (4), (5), (6), (7), (8), (9), (10), and (11) added, (HB 25-1031), ch. 389, p. 2190, § 1, effective June 3.
24-31-907. Prohibited use of excited delirium - definition. (1) (a) A person or entity conducting a training program for peace officers, as described in section 16-2.5-101 (1), or other first responders shall not include any training on or reference to the term excited delirium in any training program. A peace officer, as described in section 16-2.5-101 (1), law enforcement agency, or other organization shall not report to the P.O.S.T. board, created in section 24-31-302, a course that contains the concept of excited delirium for credit toward any training required by sections 24-31-303 (1), 24-31-315, or any rule promulgated by the P.O.S.T. board. Nothing in this section prohibits the instruction of, or reporting to the P.O.S.T. board for training credit, courses that include the safe and effective interaction with individuals exhibiting an altered mental state, including symptomatology of a state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity from pain.
(b) A peace officer shall not use the term excited delirium to describe an individual in an incident report completed by a peace officer. A peace officer may describe the characteristics of an individual's conduct but shall not generally describe the individual's demeanor, conduct, or physical or mental condition at issue as excited delirium.
(2) For purposes of this section, excited delirium means a term used to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. Excited delirium also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.
Source: L. 2024: Entire section added, (HB 24-1103), ch. 47, p. 166, § 1, effective August 7.
PART 10
COMMISSION ON IMPROVING FIRST RESPONDER
INTERACTIONS WITH PERSONS WITH DISABILITIES
Editor's note: (1) Section 24-31-1007 provided for the repeal of this part 10, effective December 31, 2023. (See L. 2021, p. 2690.)
(2) This part 10 was added in 2021 and was not amended prior to its repeal in 2023. For the text of this part 10 prior to its repeal in 2023, consult the 2022 Colorado Revised Statutes.
24-31-1001 to 24-31-1007. (Repealed)
PART 11
FINANCIAL EMPOWERMENT FOR
COLORADO RESIDENTS
24-31-1101. Financial empowerment office - creation - director. (1) There is hereby created in the department of law the financial empowerment office, the head of which is the director of the office. The financial empowerment office and the director of the office shall exercise their powers and perform their duties and functions under the department of law 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 this title 24.
(2) The director of the financial empowerment office shall be appointed by the attorney general. The director may hire staff as necessary to perform the duties and functions of the office. The office shall also consist of a manager who shall be appointed by the director.
Source: L. 2021: Entire part added, (SB 21-148), ch. 315, p. 1946, § 1, effective July 1.
24-31-1102. Financial empowerment office - purpose - duties. (1) The purpose of the financial empowerment office is to grow the financial resilience and well-being of Coloradans through community-derived goals and strategies, including but not limited to:
(a) Expanding access to safe and affordable banking;
(b) Increasing access to safe, affordable, low-cost credit offered at costs that do not exceed the finance charges permitted by Colorado law;
(c) Expanding access to free individual financial counseling and coaching;
(d) Expanding community wealth-building strategies; and
(e) Identifying barriers to financial empowerment and financial stability.
(2) The financial empowerment office may partner with state and federal agencies, local governments, tribal nations, community organizations, financial institutions, local service providers, philanthropic organizations, and other organizations as necessary to achieve the purposes of the office. In furtherance of achieving the purposes of the office, subject to available appropriations, the office may develop or promote new or existing:
(a) Methods, programs, and policies to increase access to safe and affordable financial products;
(b) Tools and resources that advance, increase, and improve Colorado residents' financial management, including strategies for debt management and reduction, increasing savings, and creating and retaining assets that promote personal financial stability;
(c) Community-informed strategies that dismantle systemic barriers to building ownership and wealth for all, especially low-income communities and communities of color; and
(d) Tools that promote financial stability such as those that assist with service navigation, eviction avoidance, or connections to income supports.
(3) The financial empowerment office shall, subject to available appropriations:
(a) Support the organization of local community efforts to define and lead tailored financial resilience strategies based on local context, priorities, and expertise from those serving these communities. Stakeholders may include but are not limited to representatives of older adults, younger adults, communities of color, underbanked and unbanked Coloradans, immigrants, Coloradans of low income, banks, credit unions, local service providers, local government agencies, and philanthropic organizations.
(b) Align, support, and build ties among the numerous and diverse efforts to build financial education and well-being in communities across Colorado;
(c) Establish a council comprised of financial institutions, the office of the state treasurer, local and state officials, tribal nations, philanthropic and community organizations, and other organizations or persons determined by the director to assist the director in defining, identifying, creating, expanding, and increasing access to ownership, financial well-being, and safe and affordable banking and financial services that help improve the financial stability of unbanked and underbanked individuals and families and to assist the director in identifying products and practices that may undermine financial stability. At no point shall the majority of council members be representative of or have ties to the financial services industry and every effort shall be made to include representatives of under-represented communities.
(d) Work with stakeholders to increase access to safe and affordable credit-building loans and financial products;
(e) Work with state authorities and other stakeholders to expand access to safe and affordable banking products with low fees and easy account access, as well as safe and affordable credit-building loans offered by financial service providers licensed in Colorado at costs that do not exceed the finance charges permitted by Colorado law;
(f) Work with stakeholders to identify products and practices that may undermine financial stability;
(g) Develop technical assistance to launch or expand financial coaching and counseling efforts locally;
(h) Track community feedback on consumer financial abuses permitting the accused business thirty days to respond prior to any public disclosure, and coordinate with the consumer protection division within the department of law and the department of regulatory agencies to connect consumers with existing resources and educate the public on their related consumer rights.
(4) The financial empowerment office has no independent examination or regulatory authority, but nothing in this part 11 shall be construed to limit the authorities of the attorney general, the administrator designated in section 5-6-103, or the department of regulatory agencies.
(5) The department of law shall annually report on the state of affordable banking access in Colorado, the activities of the office of financial empowerment, and local partnerships in implementing the objectives of the office as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. The report shall address access to secure, safe, and affordable financial products, including:
(a) Geographic and racial equity considerations;
(b) An examination of existing financial products regulated by the state of Colorado and other financial products that are being offered within Colorado;
(c) Recommendations for reforms that would encourage greater access to secure, safe, and affordable financial products or would provide better protections to consumers; and
(d) An examination of local financial empowerment work and the impact on economic security and mobility of residents.
Source: L. 2021: Entire part added, (SB 21-148), ch. 315, p. 1946, § 1, effective July 1.
PART 12
COLORADO FALSE CLAIMS ACT
24-31-1201. Short title. The short title of this part 12 is the Colorado False Claims Act.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2778, § 2, effective August 10.
24-31-1202. Definitions. As used in this part 12, unless the context otherwise requires:
(1) (a) Claim means a request or demand, whether under a contract or otherwise, for money or property and whether or not the state or a political subdivision has title to the money or property, that is:
(I) Presented to an officer, employee, or agent of the state or political subdivision; or
(II) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or political subdivision's behalf or to advance a government program or interest, and if the state or political subdivision:
(A) Provides or has provided any portion of the money or property requested or demanded; or
(B) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.
(b) Claim includes the failure to pay or the underpayment of an obligation owed to the state.
(c) Claim does not include a request or demand for money or property that the state or a political subdivision has paid:
(I) To an individual as compensation for employment by the state or political subdivision;
(II) As an income subsidy with no restrictions on that individual's use of the money or property;
(III) To an individual as part of a government assistance program in an amount less than ten thousand dollars in a calendar year; or
(IV) To a person under the Colorado Medical Assistance Act, articles 4, 5, and 6 of title 25.5.
(2) Department means the department of law.
(3) Fund means the false claims recovery cash fund created in section 24-31-1209.
(4) (a) Knowing or knowingly mean that a person, with respect to information about a claim:
(I) Has actual knowledge of the falsity of the information;
(II) Acts in deliberate ignorance of the truth or falsity of the information; or
(III) Acts in reckless disregard of the truth or falsity of the information.
(b) Knowing or knowingly does not require proof of specific intent to defraud. A person who acts merely negligently with respect to information is not deemed to have acted knowingly, unless the person acts with reckless disregard of the truth or falsity of the information.
(5) Material means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(6) Obligation means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship; from a fee-based or similar relationship; from statute or regulation; or from the retention of any overpayment.
(7) Person means any individual, corporation, business trust, estate, trust, limited liability company, partnership, association, or other nongovernmental legal entity.
(8) Political subdivision has the same meaning as set forth in section 24-72-202.
(9) Proceeds means all money, property, damages, double damages, treble damages, civil penalties, and payments for costs of compliance, including reasonable costs and attorney fees, realized by the state whether as a result of any settlement of or judgment entered in any action brought pursuant to this part 12.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2778, § 2, effective August 10.
24-31-1203. False claims - civil liability for certain acts - penalty - exception. (1) Subject to subsection (2) of this section and except as otherwise provided in subsection (5) of this section, a person is liable to the state for a civil penalty of not less than eleven thousand eight hundred dollars and not more than twenty-three thousand six hundred dollars per violation, plus three times the amount of damages that the state sustains because of the act of that person, if that person:
(a) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(b) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;
(c) Has possession, custody, or control of property or money used, or to be used, by the state or political subdivision and knowingly delivers, or causes to be delivered, less than all of the money or property;
(d) Authorizes the making or delivery of a document certifying receipt of property used, or to be used, by the state or political subdivision and, with the intent to defraud the state or political subdivision, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(e) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or political subdivision who lawfully may not sell or pledge the property;
(f) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state or political subdivision;
(g) Knowingly makes, uses, or causes to be made or used, a false record or statement resulting in the underpayment of premiums owed to the unemployment compensation fund established in section 8-77-101 or in the payment of unemployment insurance benefits of more than fifteen thousand dollars in a calendar year; or
(h) Conspires to commit a violation of subsections (1)(a) to (1)(g) of this section.
(2) (a) Notwithstanding the amount of damages authorized in subsection (1) of this section, for a person who violates subsection (1) of this section, the court may assess reduced damages and penalties as described in subsection (2)(b) or (2)(c) of this section if the court finds that:
(I) The person who committed the violation furnished to the officials of the state or political subdivision responsible for investigating false claims violations all information about the violation known to the person and furnished said information within thirty days after the date on which the person first learned of a potential violation;
(II) At the time the person furnished the information about the violation to the officials of the state or political subdivision, the person did not have actual or constructive knowledge of the existence of an investigation into the violation; and
(III) The person fully cooperated with any investigation of the violation by the state.
(b) If a person described in subsection (2)(a) of this section furnished information about the violation to the officials of the state or political subdivision before a criminal prosecution, civil action, or administrative action was commenced with respect to the violation, the court shall assess one and one-half the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than five thousand nine hundred dollars and not more than eleven thousand eight hundred dollars per violation.
(c) If a person described in subsection (2)(a) of this section furnished information about the violation to the officials of the state while a criminal prosecution, civil action, or administrative action concerning the violation was under seal pursuant to section 24-31-1204 (3)(b), the court shall assess double the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than seven thousand eight hundred dollars and not more than fifteen thousand seven hundred dollars per violation.
(d) The attorney general may determine whether a person meets the criteria described in subsection (2)(a) of this section and submit the determination and reasoning to the court, which the court may consider when making a finding as to whether the person satisfies the criteria described in subsection (2)(a) of this section.
(3) Any information furnished pursuant to subsection (2) of this section is exempt from disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this title 24.
(4) A person who violates this section is also liable to the state for reasonable attorney fees and the costs incurred during the enforcement of this part 12.
(5) This section does not apply to claims, records, or statements made pursuant to title 39.
(6) (a) The maximum and minimum amounts for the civil penalties described in this section must be adjusted for inflation on July 1, 2023, and each July 1 thereafter. The adjustment made pursuant to this subsection (6) must be rounded upward or downward to the nearest ten-dollar increment. The secretary of state shall certify the adjusted maximum and minimum amounts for civil penalties within fourteen days after the appropriate information is available.
(b) For each action brought pursuant to this part 12, the applicable minimum and maximum amounts for a civil penalty are the amounts in effect on the date the cause of action accrues.
(c) As used in this section, inflation means the annual percentage change in the Denver-Aurora-Lakewood consumer price index, or its applicable successor index, published by the United States department of labor bureau of labor statistics.
(7) For accounting purposes, a fine or penalty received by the state pursuant to this part 12 is a damage award.
(8) (a) Subject to section 24-31-1204 (4)(e), if the attorney general has authority to bring or intervene in a civil action pursuant to this part 12, the attorney general may accept from a person alleged to have violated subsection (1) of this section, in lieu of or as a part of a civil action, an assurance of discontinuance or a consent order approved by a court of competent jurisdiction of the alleged violation of this part 12. The assurance or consent order may include a stipulation for the voluntary payment by the alleged violator of any relief authorized by this part 12, including payment for investigation and litigation costs incurred by the attorney general or private person who brought an action pursuant to section 24-31-1204 (3), and actual damages resulting from the false claim plus any authorized multiplier, interest, and civil money penalty.
(b) An assurance of discontinuance or consent order accepted by the attorney general precludes a separate action pursuant to section 24-31-1204 (3) by any person based on the same factual circumstances, except for an action based on a violation of the assurance of discontinuance or consent order.
(c) An assurance of discontinuance accepted by the attorney general and any consent order filed with the court as a part of an action is a matter of public record unless the attorney general determines, at the attorney general's discretion, that it is confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action or a motion or petition in a pending civil action by the attorney general alleging that a person has violated a confidential assurance of discontinuance or consent order accepted pursuant to this subsection (8), the assurance of discontinuance or consent order is a public record and open to inspection by any person.
(d) Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2780, § 2, effective August 10.
24-31-1204. Civil actions for false claims - claims for retaliation - definitions. (1) Responsibility of attorney general. (a) The attorney general shall diligently investigate a violation of section 24-31-1203. If the attorney general finds that a person has violated or is violating section 24-31-1203, the attorney general may bring a civil action against the person pursuant to this section.
(b) In any action brought pursuant to this part 12 in which the attorney general is a party, either as the plaintiff or as an intervenor, the court may dismiss the action upon motion of the attorney general following the notice and opportunity for a hearing pursuant to subsection (4)(b)(I) of this section. In determining whether to file a motion to dismiss, the attorney general shall consider the severity of the false claim, program or population impacted by the false claim, duration of the fraud, weight and materiality of the evidence, other means to make the program whole, and other factors the attorney general deems relevant. The attorney general's decision-making process concerning a motion to dismiss and any records related to the decision-making process are not discoverable in any action.
(2) Role of the office of the state auditor. (a) Notwithstanding any other state law requiring the state auditor to keep information confidential, if in the course of its audit authority, the office of the state auditor identifies information of potential false claims submitted to the state or a political subdivision, the state auditor may share any information with the attorney general or the political subdivision. The state auditor may participate, with the consent of the attorney general, in any subsequent investigation or prosecution of that false claim.
(b) If the state auditor elects to participate in any investigation and prosecution of a false claim, the state auditor's interests will be represented by the attorney general.
(3) Actions by private persons. (a) A person may bring a civil action for a violation of section 24-31-1203 for the person and for the state. The action must be brought in the name of the state. The court shall not dismiss an action upon motion of the private person who brought the action unless the attorney general gives written consent to the dismissal and reasons for consenting.
(b) (I) A person who brings an action shall serve on the state, pursuant to rule 4 of the Colorado rules of civil procedure, a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses; except that the person shall not disclose any evidence or information that the person reasonably believes is protected by the defendant's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise. The complaint must be filed in camera, must remain under seal for at least sixty-three days, and must not be served on the defendant until the court so orders. The state may elect to intervene and proceed with the action within sixty-three days after it receives both the complaint and the material evidence and information.
(II) In determining whether to intervene and proceed with an action pursuant to this subsection (3)(b), the attorney general shall consider the factors described in subsection (1)(b) of this section. The attorney general's decision-making process concerning whether to intervene and any records related to the decision-making process are not discoverable in any action.
(c) The state may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal pursuant to subsection (3)(b) of this section. The motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to any complaint filed pursuant to this section until twenty-one days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Colorado rules of civil procedure.
(d) Before the expiration of the sixty-three-day period pursuant to subsection (3)(b) of this section and any extensions obtained pursuant to subsection (3)(c) of this section, the state shall:
(I) Proceed with the action, in which case the state shall conduct the action; or
(II) Notify the court that it declines to take over the action, in which case the person who brought the action has the right to continue the action.
(e) When a person brings an action pursuant to this subsection (3), only the state may intervene or bring a related action based on the facts underlying the pending action.
(f) Any information provided by a person to the state pursuant to this subsection (3) is exempt from disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this title 24.
(4) Rights of parties to private actions. (a) If the state proceeds with an action brought pursuant to subsection (3) of this section, it has the primary responsibility for prosecuting the action and is not bound by an act of the person who brought the action. The person has the right to continue as a party to the action, subject to the limitations set forth in subsection (3)(b) of this section.
(b) (I) The state may, at any time, dismiss the action, in whole or in part, notwithstanding the objections of the person who brought the action if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
(II) The state may settle the action with the defendant notwithstanding the objections of the person who brought the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the court may hold the hearing in camera.
(III) Upon a showing by the state that unrestricted participation during the course of the litigation by the person who brought the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, including but not limited to:
(A) Limiting the number of witnesses the person may call;
(B) Limiting the length of the testimony of the witnesses called by the person;
(C) Limiting the person's cross-examination of witnesses; and
(D) Otherwise limiting the participation by the person in the litigation.
(IV) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person who brought the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation as described in subsection (4)(b)(III) of this section.
(c) The fact that the state has elected not to proceed with an action is not a basis for a motion to dismiss, motion for determination of a question of law, or motion for summary judgment, nor is it a basis to deny the court jurisdiction over the action, but if the attorney general submits to the court the attorney general's reasons for not proceeding with the action, the court may consider the reasons when deciding a motion or whether the court has jurisdiction. If the state so requests, it must be served with copies of all pleadings filed in the action and, at the state's expense, be supplied with copies of all deposition transcripts. When the person proceeds with the action, the court, without limiting the status and rights of the person, may nevertheless permit the state to intervene at a later date upon a showing of good cause.
(d) Regardless of whether the state proceeds with the action, upon a showing by the state or political subdivision that certain actions of discovery by the person who brought the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than sixty-three days. The showing by the state must be conducted in camera. The court may extend the sixty-three-day period upon a further showing that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
(e) Notwithstanding subsection (3) of this section, the state may elect to pursue its claim through any alternate remedy available to the state. If an alternate remedy is pursued in another proceeding, the person who brought the action pursuant to subsection (3) of this section has the same rights in that proceeding as the person would have had if the action had continued pursuant to this section. Any finding of fact or conclusion of law made in the other proceeding that has become final is binding on all parties to an action brought pursuant to this section. For purposes of this subsection (4)(e), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the state, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(5) Award to a person who brings an action. (a) (I) Subject to subsection (5)(a)(II) of this section, if the state proceeds with an action brought by a person pursuant to subsection (3) of this section, the court shall award the person at least fifteen percent but not more than twenty-five percent of the proceeds received from the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the investigation and prosecution of the action.
(II) If the court finds the action to be based primarily on disclosures of specific information, other than information provided by the person who brought the action, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or formal audit report, hearing, or investigation; or from the news media, the court may award to the person such sums as it considers appropriate but in no case more than ten percent of the proceeds. In making its determination, the court shall consider the significance of the information provided by the person and the role of the person in advancing the case to litigation.
(III) Any payment to a person made pursuant to this subsection (5)(a) must be made from the proceeds. In addition to an award made pursuant to subsection (5)(a)(I) or (5)(a)(II) of this section, the court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant.
(IV) If the person who brought the action is a government employee who, in the course of the person's work for the state gains knowledge of any information that forms, in whole or in part, the basis of the person's claim, the court shall award to the state that employs the person the amount that would otherwise be awarded to the person pursuant to this subsection (5).
(b) If the state does not intervene in and proceed with an action pursuant to subsection (3)(b) of this section, the person prevailing in the action or settling the claim must receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount must be at least twenty-five percent but not more than thirty percent of the proceeds received from the action or settlement and must be paid out of the proceeds. The court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant.
(c) Regardless of whether the state intervenes in and proceeds with an action pursuant to subsection (3)(b) of this section, if the court finds that the action was brought by a person who planned and initiated the violation of section 24-31-1203 upon which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive pursuant to this subsection (5), taking into account the role of the person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person is convicted of criminal conduct arising from his or her role in the violation of section 24-31-1203, the court shall dismiss the person from the civil action and the person must not receive any share of the proceeds of the action. Such dismissal does not prejudice the right of the state to continue the action.
(d) If the state does not intervene in and proceed with an action pursuant to subsection (3)(b) of this section and the person who brought the action pursues the action, the court may award to the defendant reasonable attorney fees and expenses if the defendant prevails in the action and the court finds that the claim of the person was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
(6) Certain actions barred. (a) A court does not have jurisdiction over an action brought pursuant to this section:
(I) Against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado acting in the member's, executive director's, or official's official capacity;
(II) Against a serving elected official of a political subdivision, a member of a political subdivision's judiciary, or an appointed official of a political subdivision acting in the member's or official's official capacity; or
(III) If the action is brought by a person pursuant to subsection (3) of this section and is based on evidence or information known to the state when the action was brought.
(b) A person may not bring an action pursuant to subsection (3) of this section that is based upon allegations or transactions that are the subject of a civil suit in a court of this state or an administrative civil money penalty proceeding in which the state is already a party.
(c) (I) A court shall dismiss an action or claim brought pursuant to subsection (3) of this section if the action pursued by the person is based upon substantially the same allegations or transactions publicly disclosed in a criminal, civil, or administrative hearing; in a legislative, administrative, or formal audit report, hearing, or investigation; or from the news media, unless:
(A) The state intervenes and prosecutes the action pursuant to subsection (3)(b) of this section;
(B) The state opposes dismissal; or
(C) The person who brought the action is an original source of the information that is the basis for the action.
(II) As used in this subsection (6)(c), original source means an individual who:
(A) Prior to public disclosure pursuant to subsection (6)(c)(I) of this section, has voluntarily disclosed to the state the information on which the allegations or transactions in a claim are based; or
(B) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and has voluntarily provided the information to the state before filing an action pursuant to subsection (3) of this section.
(7) State not liable for certain expenses. The state is not liable for expenses that a person incurs in bringing an action pursuant to subsection (3) of this section.
(8) Private action for retaliation. (a) As used in this subsection (8), unless the context otherwise requires:
(I) Confidential information includes documents; emails and other electronic data; medical records; financial records; trade secret information; intellectual property; or information that is subject to an employment agreement, confidentiality agreement, or nondisclosure agreement or for which the person who brought the action pursuant to subsection (3) of this section has a fiduciary obligation to maintain as confidential. Confidential information does not include information that is protected by the defendant's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.
(II) Lawful acts includes, but is not limited to, the following:
(A) Conducting or assisting with an investigation for, initiation of, testimony for, or assistance in an action filed or to be filed pursuant to this section, or conducting or assisting with an investigation when there is a reasonable belief of a potential violation of this section;
(B) Meeting with potential or retained counsel or agents or representatives of the state about the matter that is the subject of an action filed or to be filed pursuant to this section;
(C) Providing the individual's counsel or agents or representatives of the state with confidential information; or
(D) Filing an action pursuant to this section.
(b) An employee, contractor, or agent is entitled to all relief necessary to make that individual whole if the individual is discharged, demoted, suspended, threatened, harassed, intimidated, sued, defamed, blacklisted, or in any other manner retaliated against or discriminated against in the terms and conditions of the individual's employment, contract, business, or profession by the defendant or by any other person because of lawful acts done by the individual or associated others in furtherance of an action brought pursuant to this section or in furtherance of an effort to stop any violation, or what the individual reasonably believes to be a violation, of section 24-31-1203.
(c) (I) If the disclosure of confidential information is in furtherance of an action brought pursuant to this section or in furtherance of an effort to stop any violation, or what the individual reasonably believes to be a violation, of section 24-31-1203, an individual has a privilege to disclose the confidential information to:
(A) The individual's counsel;
(B) A person with whom the individual has a statutory or common law privilege; or
(C) An agent or authorized representative of the state.
(II) The individual's disclosure of confidential information to the individual's counsel or to an agent or authorized representative of the state does not constitute a waiver by a defendant of any right or privilege that the defendant may be entitled to invoke.
(d) (I) An individual seeking relief pursuant to this subsection (8) may seek relief by:
(A) Filing a motion in the action brought pursuant to subsection (3) of this section; or
(B) Bringing a separate action in an appropriate court of the state for the relief provided pursuant to this subsection (8).
(II) An individual who seeks relief pursuant to this subsection (8) is entitled to all relief necessary to make the individual whole. The relief must include, but is not limited to:
(A) If the individual is an employee, reinstatement with the same seniority status the individual would have had but for the discrimination, twice the amount of back pay, and interest on the back pay;
(B) If the individual is a contractor, subcontractor, or independent contractor, reinstatement of a contract or subcontract that was canceled, nonrenewed, or modified because of retaliation, with all compensation or contractual consideration that the individual would have received had the contract or subcontract not been canceled, nonrenewed, or modified; and
(C) Compensation for any special damages sustained as a result of the discrimination or retaliation, including litigation costs and reasonable attorney fees.
(e) (I) The court shall award the individual not less than the damages described in subsection (8)(d)(II) of this section if a defendant, employer, or other person retaliates against an individual by bringing another action against the individual for:
(A) Acts later determined to be lawful acts;
(B) Disclosure of confidential information to counsel or an agent or representative of the state pursuant to this subsection (8);
(C) Violating an employment contract, confidentiality agreement, nondisclosure agreement, or other agreement; or
(D) Committing any other tort or breach of duty and the court hearing the action determines by a preponderance of the evidence that the defendant, employer, or other person brought the lawsuit against the individual for the purpose of retaliating against the individual.
(II) In addition to any other remedy or share of the proceeds of the action to which the individual is entitled pursuant to this subsection (8) and regardless of whether the individual is determined to be entitled to share in the proceeds of the action or claim filed pursuant to subsection (3) of this section, in addition to any other consequential damages permitted by law, the damages for a violation of this subsection (8)(e) must be not less than:
(A) Twice the individual's actual attorney fees and costs if the defendant, employer, or other person brought the lawsuit against the individual in a court in the state of Colorado; or
(B) Three times the individual's actual attorney fees and costs if the defendant, employer, or other person brought the lawsuit in a jurisdiction outside of Colorado.
(f) (I) The court hearing the action brought pursuant to subsection (3) of this section has jurisdiction to hear a private action or motion for retaliation brought pursuant to this subsection (8).
(II) Upon motion by the individual, the venue of an action filed in another court of the state of Colorado against the individual by the defendant, the employer of the person who brought the action pursuant to subsection (3) of this section, or other person arising out of the subject matter of the action brought pursuant to subsection (3) of this section must be changed to the court hearing the action brought pursuant to subsection (3) of this section.
(9) Discovery in other actions. (a) If a person who brings an action pursuant to subsection (3) of this section is a party to or witness in an action other than an action brought pursuant to subsection (3) of this section, referred to in this subsection (9) as an other action, and a party in the other action seeks discovery from the person of information about other lawsuits, which discovery would require the person to disclose information about an action filed pursuant to subsection (3) of this section while that action is still under seal, the person shall:
(I) Within a reasonable time, notify the state investigating the action brought pursuant to subsection (3) of this section of the pending discovery request; and
(II) Respond to the discovery request by stating only that the matter is confidential, without further elaboration, and shall maintain that response until the state elects to proceed or not proceed with the action brought pursuant to subsection (3) of this section or until the court lifts the seal.
(b) If necessary, in any other action, a person who brought the action pursuant to subsection (3) of this section or the attorney general may file an ex parte motion, in camera and under seal, seeking a protective order or an extension of time for the person to respond to a discovery request. If a party in the other action moves to compel an answer to the discovery, the person who brought the action pursuant to subsection (3) of this section shall file, ex parte and in camera, a response to the motion to compel, in which the attorney general may join. The response to the motion to compel must remain under seal until such time as the state elects to proceed or not proceed with the action or until such time as the court lifts the seal.
(c) Notwithstanding any provision of this subsection (9) to the contrary, information about an action filed pursuant to subsection (3) of this section that is protected by the defendant's attorney-client privilege is not discoverable in any other action unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2783, § 2, effective August 10. L. 2023: (3)(b)(II) amended, (HB 23-1301), ch. 303, p. 1825, § 32, effective August 7.
24-31-1205. False claims action procedures - limitation on action - standard of proof. (1) A civil action pursuant to section 24-31-1204 may not be brought after the later of:
(a) More than six years after the date on which the violation of section 24-31-1203 is committed or the date on which the last in a series of such acts or practices occurred, whichever is later; or
(b) More than three years after the date on which facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation of section 24-31-1203 was committed.
(2) (a) If the state elects to intervene and proceed with an action brought pursuant to section 24-31-1204, the state may file its own complaint or amend the original complaint to:
(I) Clarify and add detail, and add additional defendants, to the claims in which the state is intervening; and
(II) Add any additional claims and defendants with respect to which the state contends it is entitled to relief.
(b) For statute of limitations purposes, any pleadings by the state relate back to the filing date of the original complaint filed by a person pursuant to section 24-31-1204 (3), to the extent that the state's claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint.
(3) In an action brought pursuant to section 24-31-1204, the state or person who brought the action pursuant to section 24-31-1204 (3) must prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(4) Notwithstanding any other provision of law, the Colorado rules of criminal procedure, or the Colorado rules of evidence, a final judgment rendered in favor of the state in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to section 24-31-1204.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2792, § 2, effective August 10.
24-31-1206. Jurisdiction. An action described in this part 12 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, or transacts business, or in which an act proscribed by section 24-31-1203 occurred. A person bringing an action pursuant to this part 12 shall file the complaint in a district court or a federal court with jurisdiction over the action and shall not file the complaint in any other court. The appropriate district court shall issue a summons as required by the Colorado rules of civil procedure and serve the summons at any place.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2793, § 2, effective August 10.
24-31-1207. False claims civil investigation demands. (1) When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in any violation of section 24-31-1203, the attorney general may:
(a) Request the person file a statement or report in writing under oath or otherwise, on forms prescribed by the attorney general, as to all facts and circumstances concerning the alleged violations by the person and any other data and information the attorney general deems necessary; except that the person is not required to disclose any information that is protected by the person's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.
(b) Examine under oath any person in connection with the alleged violations;
(c) Examine any property or sample thereof, or any nonprivileged record, book, document, account, or paper the attorney general deems necessary;
(d) Make true copies, at the expense of the attorney general, of any nonprivileged record, book, document, account, or paper examined pursuant to subsection (1)(c) of this section, which copies may be offered into evidence in lieu of the originals thereof in an action brought pursuant to this part 12; and
(e) Pursuant to any order of any district court, impound any sample of property that is material to any alleged violation of this part 12 and retain the same in the attorney general's possession until completion of all proceedings undertaken pursuant to this part 12. A district court shall not issue an order described in this subsection (1)(e) without giving full opportunity to the accused to be heard and unless the attorney general has proven by clear and convincing evidence that the order will not impair the business activities of the person to whom the order is directed.
(2) When the attorney general has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a violation of section 24-31-1203, the attorney general may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms as may be necessary to administer this part 12.
(3) The attorney general may issue subpoenas to any public or private corporation or partnership or association or governmental entity to produce witnesses to appear and give oral testimony at investigative hearings. The subpoenas may designate with reasonable particularity the matters on which examination is requested. In response to the subpoena, the entity shall designate one or more officers, directors, or managing agents, or designate other persons, to testify on its behalf.
(4) A notice or subpoena may be served in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.
(5) (a) If the records of a person who has been issued a subpoena are located outside this state, the person shall either:
(I) Make them available to the attorney general either electronically or at a convenient location within this state; or
(II) Pay the reasonable and necessary expenses for the attorney general, or the attorney general's designee, to examine the records at the place where they are maintained.
(b) The attorney general may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general.
(6) If any person fails to cooperate with any investigation pursuant to this section or fails to obey any subpoena issued pursuant to this section, the attorney general may apply to the appropriate district court for an appropriate order to effectuate the purposes of this part 12. At the request of the attorney general, the application may be filed in camera and kept confidential to maintain the confidentiality of the attorney general's investigation. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this part 12. If the court is satisfied that reasonable grounds exist, the court in its order may:
(a) Grant appropriate injunctive relief;
(b) Require attendance of or the production of documents by the person, or both;
(c) Grant other or further relief as may be necessary to obtain compliance by the person.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2793, § 2, effective August 10.
24-31-1208. Rule-making. The attorney general may promulgate rules necessary to implement this part 12.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2795, § 2, effective August 10.
24-31-1209. Use of recoveries - false claims recovery cash fund - creation. (1) The state treasurer shall transfer all proceeds retained by the state from a false claims action brought pursuant to this part 12 to the false claims recovery cash fund, which is hereby created.
(2) Any money in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from investment and deposit of money in the fund shall be credited to the fund.
(3) (a) Subject to annual appropriation by the general assembly, the department may expend money from the fund for necessary actual costs of carrying out its duties pursuant to this part 12.
(b) (I) When proceeds retained by the state from a false claims action are deposited into the fund, the attorney general shall determine the amount of the proceeds that should remain in the fund for use by the department for the costs of carrying out its duties pursuant to this part 12 and the amount of any proceeds deposited into the fund that are attributable to a political subdivision.
(II) If the amount of the proceeds is equal to or exceeds the amount of the false claim plus the department's costs, the attorney general shall direct the state treasurer to transfer to the original fund from which the false claim was paid an amount equal to the false claim. If all or part of the proceeds are attributable to a political subdivision, the attorney general shall direct the treasurer to pay to the political subdivision, as described in subsection (3)(c) of this section, an amount equal to the false claim.
(III) If the amount of the proceeds is less than the amount of the false claim plus the department's costs, the attorney general shall direct the state treasurer to transfer to the original fund from which the false claim was paid a pro-rated amount based on the actual recovery. If all or part of the proceeds are attributable to a political subdivision, the attorney general shall direct the treasurer to pay to the political subdivision, as described in subsection (3)(c) of this section, a pro-rated amount based on the actual recovery.
(IV) For the purposes of a false claims action involving a violation of section 24-31-1203(1)(g), the relevant fund is the unemployment compensation fund established in section 8-77-101.
(c) No later than seven days after the attorney general directs the state treasurer to make a payment to a political subdivision pursuant to subsection (3)(b) of this section, the state treasurer shall issue a warrant to be paid upon demand from the fund to the political subdivision in the amount specified by the attorney general.
(4) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to another fund.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2795, § 2, effective August 10.
24-31-1210. No limitations on common law authority - medicaid fraud control. Nothing in this part 12 affects, limits, or supplants the common law authority of the attorney general or the department to investigate and prosecute medicaid fraud pursuant to part 8 of this article 31.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2796, § 2, effective August 10.
24-31-1211. False claims act report. (1) On or before January 15, 2024, and on or before each January 15 thereafter, the attorney general shall submit a written report to the house of representatives business affairs and labor committee, the house of representatives judiciary committee, the senate business, labor, and technology committee, and the senate judiciary committee, or their successor committees, concerning claims brought pursuant to this part 12 during the previous fiscal year. The report must include, but is not limited to:
(a) The number of actions brought by the attorney general and the disposition of the actions;
(b) The amount of proceeds recovered by the state through settlement or judgment in an action brought pursuant to this part 12, including:
(I) The case number and parties for each action in which proceeds were recovered;
(II) The amount of proceeds recovered in each case, categorized by the amount recovered as damages, penalties, and litigation costs; and
(III) If applicable, the percentage of the proceeds recovered and the total amount awarded to a private person who brought the action.
(c) The number of actions brought by a person other than the attorney general in which the attorney general did not intervene, whether the actions were continued by the other person, and the disposition of the actions;
(d) The amount of proceeds, including any litigation costs and attorney fees, recovered through settlement or judgment in actions brought by a person other than the attorney general; and
(e) The amount expended by the state for investigation and litigation of false claims pursuant to this part 12 and all other costs related to this part 12.
(2) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in this section continues indefinitely.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2796, § 2, effective August 10.
PART 13
ENFORCEMENT OF WORKER PROTECTION LAWS
24-31-1301. Definitions. As used in this part 13, unless the context otherwise requires:
(1) Division of labor standards and statistics means the division of labor standards and statistics in the department of labor and employment created pursuant to section 8-1-103.
(2) Division of unemployment insurance means the division of unemployment insurance in the department of labor and employment created pursuant to section 8-71-101.
(3) Unit means the worker and employee protection unit created in section 24-31-1302.
Source: L. 2022: Entire part added, (SB 22-161), ch. 370, p. 2638, § 15, effective August 10.
24-31-1302. Worker and employee protection unit - creation - duties. (1) There is created within the department of law and under the control of the office of the attorney general the worker and employee protection unit.
(2) In addition to any other authorities granted by law, the unit has the following powers and duties:
(a) Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions;
(b) Administer oaths and take sworn statements under penalty of perjury; and
(c) Serve and execute, in any county, search warrants that relate to investigations.
Source: L. 2022: Entire part added, (SB 22-161), ch. 370, p. 2639, § 15, effective August 10.
24-31-1303. Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment. (1) (a) The unit may investigate alleged violations of, and bring an action against an employer to enforce, section 8-72-114, regardless of whether a complaint is filed against the employer pursuant to said section, to enforce that section if the division of unemployment insurance directly refers a finding of misclassification to the unit to pursue further remedies.
(b) The unit may investigate and enforce an alleged misclassification that is not described in subsection (1)(a) of this section if the unit provides written notice to the division of unemployment insurance of the unit's intent to pursue a misclassification investigation and the division of unemployment insurance:
(I) Declines to investigate the matter;
(II) Has investigated the matter and made a formal determination; or
(III) Fails to respond to the unit within thirty days after the date of the notice.
(2) (a) The unit may enforce wage determinations made by the division of labor standards and statistics pursuant to article 4 of title 8 if the division of labor standards and statistics refers the wage determination to the unit for enforcement.
(b) If the division of labor standards and statistics has not referred a wage determination to the unit, the unit may enforce the wage determination if the unit provides written notice to the division of labor standards and statistics of the unit's intent to enforce the wage determination and the division of labor standards and statistics:
(I) Declines to pursue enforcement of the wage determination;
(II) Has attempted to pursue enforcement of the wage determination and has been unsuccessful in enforcing the determination in full after the later of twelve months after the determination or the conclusion of any appeals;
(III) Fails to respond to the unit within thirty days after the date of the notice; or
(IV) Has not initiated an investigation.
Source: L. 2022: Entire part added, (SB 22-161), ch. 370, p. 2639, § 15, effective August 10.
PART 14
COLORADO SEXUAL ASSAULT
FORENSIC MEDICAL EVIDENCE REVIEW BOARD
24-31-1401. Colorado sexual assault forensic medical evidence review board - creation - membership - duties - report - short title - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Department means the department of law.
(b) Review board means the Colorado sexual assault forensic medical evidence review board, established in subsection (2) of this section.
(2) The Colorado sexual assault forensic medical evidence review board is established in the department to carry out the duties described in subsection (6) of this section and submit the report described in subsection (7) of this section.
(3) The board consists of:
(a) The attorney general, or their designee, who is the chair of the review board;
(b) The executive director of the Colorado district attorneys' council or their designee;
(c) The following members, appointed by the attorney general:
(I) A representative of a statewide nonprofit organization that offers training and expert advice to sexual assault programs;
(II) A representative of a statewide nonprofit organization that provides legal assistance to victims of sexual assault;
(III) A representative of a statewide organization that provides training and technical assistance for medical forensic exams;
(IV) A representative of a statewide association of chiefs of police;
(V) A representative of a statewide association of sheriffs;
(VI) Three representatives from organizations that provide services or advocate for communities that experience disproportionate rates of sexual assault; and
(VII) Up to three members, at the discretion of the attorney general, whose contributions the attorney general determines would be valuable to the work of the review board; and
(d) The following members, appointed by the governor:
(I) A representative of the division of criminal justice in the department of public safety who has oversight of the statewide sexual assault evidence collection kit tracking system created in section 24-33.5-113.5; and
(II) A representative of the division of criminal justice in the department of public safety who has oversight of federal and state victim service funding and victim rights compliance.
(4) (a) The attorney general and governor shall appoint the members to the review board on or before August 1, 2025.
(b) The attorney general is strongly encouraged to appoint review board members who represent as fully as possible Colorado's diversity with regard to race, ethnicity, disability status, sexual orientation, and geography.
(c) Except for the attorney general and director of the Colorado district attorneys' council, or their designees, review board members serve four-year terms and are eligible for reappointment no more than two times at the expiration of a four-year term.
(d) Review board members serve without compensation but may receive per diem and reimbursement for costs, subject to the availability of funds.
(e) The appointing authority shall appoint a member to fill a vacancy, as necessary.
(5) The review board shall convene on or before August 1, 2025, and shall meet thereafter as determined necessary by the review board.
(6) The review board shall:
(a) Review and monitor the effectiveness of the current protocols, standards, and training practices for the medical, law enforcement, and criminal-legal system response to sexual assault;
(b) Develop recommendations to improve specific protocols, standards, and training practices for the medical, law enforcement, and criminal-legal system response to sexual assault;
(c) Ensure victim-centered implementation of provisions regarding medical forensic exams for victims of sexual assault in the federal Violence Against Women Act of 1994, title IV of Pub. L. 103-322, including provisions in reauthorizations of the federal act, and state law provisions for forensic medical exams;
(d) Provide ongoing review of data and information regarding the needs, priorities, and services for responding to sexual assault throughout the state;
(e) Monitor the effectiveness of laws concerning sexual assault and make recommendations to the general assembly to improve their effectiveness; and
(f) Make recommendations to the general assembly concerning the response to sexual assault, including medical forensic evidence, law enforcement reporting, and victim experience.
(7) (a) (I) On or before December 15, 2025, the review board shall submit a preliminary report to the general assembly. The preliminary report must include the review board's recommendations described in subsection (6) of this section.
(II) This subsection (7)(a) is repealed, effective June 30, 2027.
(b) (I) On or before November 1, 2026, and on or before each November 1 thereafter, the review board shall submit a report to the general assembly. The report must include the review board's recommendations described in subsection (6) of this section.
(II) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (7)(b) continues indefinitely.
(8) The short title of this part 14 is the Miranda Gordon Justice for Survivors Act of 2025.
Source: L. 2025: Entire part added, (SB 25-304), ch. 414, p. 2349, § 1, effective June 3.
ARTICLE 32
Department of Local Affairs
PART 1
DIVISION OF LOCAL GOVERNMENT
24-32-101. Legislative declaration. (1) The general assembly finds and declares that:
(a) Strong local government has been a major factor in the political and economic development of the state;
(b) The future welfare of the state depends, in large measure, on local leadership and the effectiveness of local government;
(c) Population shifts and other economic and social trends have brought new problems to local government in growing metropolitan areas and throughout the state; and
(d) The state has primary responsibility for strengthening local government, encouraging local initiative, and providing coordination of state services and information to assist local government in effectively meeting the needs of Colorado citizens.
(2) The general assembly further finds and declares that:
(a) The provision of high-speed broadband plays a critical role in enhancing local government and community development efforts;
(b) Regional, multijurisdictional, and coordinated approaches to broadband planning are critical to achieving the efficient deployment of broadband infrastructure and technology; and
(c) Public-private partnerships help leverage resources of both private broadband providers and local governments to achieve statewide broadband deployment.
Source: L. 66: p. 120, § 1. C.R.S. 1963: § 3-22-1. L. 2021: (2) added, (HB 21-1289), ch. 371, p. 2459, § 11, effective June 28.
Cross references: For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021.
24-32-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Broadband facility means any infrastructure used to deliver broadband or provide broadband.
(2) Community anchor institution has the meaning set forth in section 24-37.5-902 (2).
(3) Division means the division of local government created in section 24-32-103.
(4) Interconnectivity grant program means the grant program created in section 24-32-104 (7)(a).
(5) Interconnectivity grant program fund means the fund created in section 24-32-104 (7)(c).
(6) Last-mile broadband infrastructure means broadband infrastructure that delivers an internet connection to an end user.
(7) (a) Local government means a statutory or home rule municipality, county, city and county, council of governments, or metropolitan district that lies wholly within the unincorporated part of a county.
(b) Local government includes all quasi municipalities and local improvement and service districts of this state.
(8) Metropolitan district has the meaning set forth in section 32-1-103 (10).
Source: L. 66: p. 120, § 2. C.R.S. 1963: § 3-22-2. L. 2021: Entire section amended, (HB 21-1289), ch. 371, p. 2459, § 12, effective June 28.
Cross references: For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021.
24-32-103. Division of local government - created. There is created, as a division of the department of local affairs, the division of local government. The executive director of the department shall appoint a director to be the head of the division. The director, and any assistants and employees of the division, are appointed pursuant to section 13 of article XII of the state constitution. The division and the office of the director are type 2 entities, as defined in section 24-1-105.
Source: L. 66: p. 121, § 3. C.R.S. 1963: § 3-22-3. L. 68: p. 132, § 150. L. 2022: Entire section amended, (SB 22-162), ch. 469, p. 3413, § 173, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-104. Functions of the division - interconnectivity grant program - interconnectivity grant program fund - reporting - definition. (1) The division shall perform the following functions:
(a) Assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with units of local government in order to provide more effective services to units of local government and to simplify procedures with respect thereto;
(b) Advise the governor and the general assembly of the problems of local government;
(c) Serve as a clearing house, for the benefit of local government, of information relating to the common problems of local government and of state and federal services available to assist in the solution of those problems;
(d) Refer local government to appropriate departments and agencies of the state and federal government for advice, assistance, and available services in connection with specific problems;
(e) Perform such research as is necessary to carry out the functions of the division, including the study of local government, intergovernmental relations, the structure and powers of local government units and their relationships to each other, local government finance, services, management, and functions;
(f) Encourage and when so requested assist cooperative efforts among the officials of local government units toward the solution of common problems;
(g) Encourage and cooperate in training institutes, conferences, and programs for local government officials and employees;
(h) Publish an annual compendium of local government fiscal data beginning with calendar year 1968 and publish from time to time other statistical and research reports of interest to local government, the general assembly, and the general public;
(i) Upon request by local government officials, provide technical assistance in defining their local government problems and developing solutions thereof;
(j) Provide technical assistance to district attorneys, including, but not limited to, coordinating educational grants;
(k) Repealed.
(l) Administer emergency services provided by the state;
(m) (I) Annually distribute to each local governmental entity informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of personnel pursuant to section 24-5-102. The division may distribute the informational materials to each local governmental entity through an email or as part of a mailing or regular communication to local governmental entities. The division shall encourage each local governmental entity to annually distribute the informational materials, including any updated materials, to each employee of the local governmental entity, and to include the informational materials as part of the local governmental entity's new employee orientation process.
(II) For purposes of subsection (1)(m)(I) of this section, a local governmental entity means a city, county, city and county, special district, or other unit of local government for which the division has received information pursuant to section 24-32-116.
(n) Submit to the Colorado broadband office created in section 24-37.5-903 (1) for the broadband office's review and recommendations a copy of each application that the division receives in which an applicant seeks grant money for broadband planning or infrastructure, which grant the division awards from the interconnectivity grant program fund. The Colorado broadband office shall review each application submitted and provide the division its recommendations regarding the application as soon as practicable but no later than thirty days after the division has furnished a copy of the application to the Colorado broadband office.
(2) No later than July 1, 2015, the division shall formally announce, on its website and by letter to the state's local governments, an initiative from the local government mineral impact fund created in section 34-63-102 (5), C.R.S., or the local government severance tax fund created in section 39-29-110, C.R.S., of one million dollars per year for three years for grant funding to local governments for planning, analyses, public engagement, and coordination and collaboration with federal land managers and stakeholders, or for similar or related local government processes needed by local governments for engagement in federal land management decision-making.
(3) (a) The division of local government in the department of local affairs shall contract with a nationally recognized research and consulting entity to study future prison bed needs in Colorado. While conducting the study, the entity shall solicit input from local communities and other interested parties or issue experts, including but not limited to public safety experts, victim's advocates, prosecutors, defense attorneys, and community reentry providers.
(b) The division shall convene an advisory committee that contains three representatives of local governments, of which at least two must be county commissioners, selected by the executive director, from each county that has a private prison to consult with the entity during the study. The study must include:
(I) An analysis of the economic and other impacts that potential prison closure would have on local governments and the wider community and recommendations on strategies to diversify the local economy;
(II) A utilization analysis of all state and privately operated facilities and all other facilities that can be used for housing inmates;
(III) An analysis of the feasibility of the department to obtain privately owned facilities or utilize unused state-owned buildings in Colorado.
(c) Prior to completing the study, the division, in conjunction with the county commissioners, shall provide notice and conduct public hearings in the counties in which private prisons are located to allow direct public testimony and input, which the department shall include in the final report.
(d) The division of local government in the department of local affairs shall report the study to the judiciary committees of the senate and house of representatives, or any successor committees, during the committees' hearings held during the 2021 session of the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(4) The division shall administer the local government affordable housing development incentives grant program created in section 24-32-130 (2) and the local government planning grant program created in section 24-32-130 (5).
(5) The division shall consult with the division of housing created in section 24-32-704 in connection with the creation and administration of the housing toolkit program in accordance with section 24-32-721.7 (2)(a).
(6) The division shall consult with the creative industries division within the Colorado office of economic development created in section 24-48.5-301 in connection with the administration of the community revitalization grant program in accordance with section 24-48.5-317.
(7) (a) As part of the division's work to improve broadband service to its local government constituents, the division shall implement the interconnectivity grant program, which is hereby created, to award grant money to local governments for proposed projects that:
(I) Engage in regional planning among multiple local governments to:
(A) Identify regional broadband infrastructure needs;
(B) Determine optimal regional configurations of broadband infrastructure; and
(C) Identify potential public-private partnerships to achieve optimal regional broadband deployment; or
(II) Provide or enhance the network connection between communities, including the interconnection between community anchor institutions.
(b) A recipient of money under the grant program:
(I) Shall not use the money to deploy last-mile broadband infrastructure or to provide broadband internet service as defined in section 40-15-102 (3.5); except that an Indian tribe or nation awarded grant money may use the grant money to deploy last-mile broadband infrastructure; and
(II) Is encouraged to contract with the owner of:
(A) Any existing broadband infrastructure located in the area to be served by the recipient's proposed project to lease any excess capacity or obtain a right-of-way from the owner in order to attach the recipient's own broadband facilities in the right-of-way; or
(B) Any existing electric easement, as that term is defined in section 40-15-601 (5), located in the area to be served by the recipient's proposed project to lease any excess capacity or install a broadband facility in the electric easement pursuant to part 6 of article 15 of title 40.
(c) The interconnectivity grant program fund is hereby created in the state treasury and consists of money the state received from the federal coronavirus state fiscal recovery fund created in the federal American Rescue Plan Act of 2021, Pub.L. 117-2; money transferred to the fund from the ARPA refinance state money cash fund pursuant to section 24-75-226.5; and any money that the general assembly may appropriate to the fund. Within three days after June 28, 2021, the state treasurer shall transfer five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the fund for use by the division for the purpose of reviewing and awarding grants under the grant program. The money in the fund is subject to appropriation by the general assembly.
(d) With respect to grants awarded from money transferred to the interconnectivity grant program fund from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) or from the ARPA refinance state money cash fund created in section 24-75-226.5, grants may only be awarded for broadband projects that, pursuant to treasury department interim regulations implementing the federal American Rescue Plan Act of 2021, Pub.L. 117-2, provide broadband infrastructure that is designed to provide service to unserved or underserved households and businesses and that is designed to, upon completion:
(I) Reliably meet or exceed symmetrical one hundred megabits per second download and upload speeds; or
(II) In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, provide service meeting the standards set forth in subsection (7)(d)(I) of this section that:
(A) Reliably meets or exceeds one hundred megabits per second download speed and is between at least twenty megabits per second and one hundred megabits per second upload speed; and
(B) Is scalable to a minimum of one hundred megabits per second download speed and one hundred megabits per second upload speed.
(e) If the treasury department modifies its interim regulations implementing the federal American Rescue Plan Act of 2021, Pub.L. 117-2, grants awarded pursuant to subsection (7)(d) of this section may only be awarded for broadband projects that comply with the modified federal regulations.
(f) As used in subsection (7)(d) of this section, unserved or underserved households and businesses means one or more households or businesses that are not currently served by a wireline connection that reliably delivers at least twenty-five megabits per second downstream and three megabits per second upstream.
(g) On or before January 1, 2022, and within six months after a state fiscal year in which the division awards one or more grants for broadband deployment, whether or not awarded under the grant program, the division shall submit a report to the Colorado broadband office regarding grants awarded in the most recent state fiscal year. Reports submitted under this subsection (7)(g) must include:
(I) For each project awarded grant money:
(A) A description of the project, including a description of the use of the grant money in providing broadband;
(B) A summary of the progress made on the project;
(C) The estimated completion date for the project or, if already completed, the date of completion;
(D) A map of the areas to be served or already served by the project; and
(E) The type of technology deployed or used for broadband provided through the project;
(II) The number of grant applicants, the amounts of grant money requested by each applicant, the number of grants awarded, and the amounts of grant money awarded to each applicant that receives an award; and
(III) The amount of money expended for grant awards versus the amount of money obligated but not yet expended for grant awards.
(8) The division shall administer the infrastructure and strong communities grant program created in section 24-32-133. In connection with the administration of the grant program, the division shall consult with the Colorado energy office created in section 24-38.5-101 (1) and the department of transportation created in section 43-1-103 (1).
Source: L. 66: p. 121, § 4. C.R.S. 1963: § 3-22-4. L. 68: p. 34, § 1. L. 77: (1)(j) added, p. 1034, § 2, effective July 1. L. 81: (1)(k) added, p. 1395, § 4, effective June 19. L. 92: (1)(j) and (1)(k) amended and (1)(l) added, p. 1011, § 3, effective March 12. L. 93: (1)(k) repealed, p. 1784, § 55, effective June 6. L. 2015: (2) added, (HB 15-1225), ch. 187, p. 622, § 3, effective May 13. L. 2019: (1)(m) added, (SB 19-057), ch. 35, p. 115, § 10, effective August 2. L. 2020: (3) added, (HB 20-1019), ch. 9, p. 25, § 4, effective March 6. L. 2021: (6) added, (SB 21-252), ch. 242, p. 1300, § 2, effective June 16; (4) and (5) added, (HB 21-1271), ch. 356, p. 2317, § 2, effective June 27; (1)(n) and (7) added, (HB 21-1289), ch. 371, p. 2460, § 13, effective June 28. L. 2022: (8) added, (HB 22-1304), ch. 290, p. 2084, § 6, effective June 1. L. 2023: (5) amended, (HB 23-1301), ch. 303, p. 1825, § 33, effective August 7. L. 2024: (7)(c) and IP(7)(d) amended, (HB 24-1466), ch. 429, p. 2937, § 17, effective June 5.
Cross references: For the legislative declaration in HB 15-1225, see section 1 of chapter 187, Session Laws of Colorado 2015. For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
24-32-105. Limitation of authority of division. Nothing in this part 1 shall give to the division any power of control or supervision over any unit of local government.
Source: L. 66: p. 122, § 5. C.R.S. 1963: § 3-22-5.
24-32-106. Powers of the director. (1) In order to perform the functions and duties of the division expressly set forth in this part 1, the director, acting under the authority of the executive director of the department of local affairs, has the following powers:
(a) To employ assistants and personnel as may be appropriate to the functions of the division within the appropriation given by the general assembly;
(b) To contract for services and materials required by the division;
(c) To receive and expend gifts, grants, and bequests, subject to approval of the governor, and to expend state funds which are appropriated by the general assembly;
(d) To contract with the federal government or any agency or instrumentality thereof and to receive any grants or moneys therefrom for purposes not inconsistent with the purposes set forth in this part 1;
(e) To exercise any other authority consistent with the purposes for which the division is created which is reasonably necessary for the fulfillment of assigned responsibilities;
(f) Repealed.
(g) To award grants for water and sewer emergencies of local governments. Such grants shall be made based upon financial need as determined by the director, and the director may require that such grants be contingent on repayment by the local government.
Source: L. 66: p. 122, § 6. C.R.S. 1963: § 3-22-6. L. 68: p. 133, § 6. L. 83: (1)(g) added, p. 898, § 1, effective March 29; (1)(f) amended, p. 835, § 44, effective July 1. L. 99: (1)(f) repealed, p. 690, § 14, effective August 4.
24-32-107. Payment of expenses and salaries. Vouchers covering expenses and salaries of the division shall be signed by the director, and warrants shall be drawn by the controller in payment thereof as provided by law.
Source: L. 66: p. 122, § 7. C.R.S. 1963: § 3-22-7.
24-32-108. Establishment of a file. The division of local government, with the cooperation of the secretary of state, shall promptly establish and maintain on a current basis, as a public record, a file listing by name all incorporated towns, cities, or cities and counties of the state, referred to in this part 1 as municipalities, with the date of incorporation of each municipality, recording by legal description all changes in the boundaries of such municipalities, and accompanied by a map of the same. The division of local government shall maintain such a current and revised list for public inspection. Within thirty days after July 1, 1967, each municipality shall submit to the division of local government a description of its current legal boundaries, accompanied by a map, and the date of its municipal incorporation.
Source: L. 67: p. 820, § 1. C.R.S. 1963: § 3-22-8.
24-32-109. Notice of change - failure to file - effect. No annexation, consolidation, merger, detachment of any area, new incorporation, or dissolution of an existing municipality shall be effective until notice of the completion of such action with a legal description accompanied by a map of the area concerned is filed in duplicate by the municipality with the county clerk and recorder of the county in which the annexation, consolidation, merger, detachment, incorporation, or dissolution takes place. In case such action effects a change in county boundaries, the same shall be filed with the county clerk and recorder of each county affected. A certified duplicate copy of any annexation, consolidation, merger, detachment, incorporation, or dissolution shall be filed with the division of local government by the county clerk and recorder of the county.
Source: L. 67: p. 820, § 2. C.R.S. 1963: § 3-22-9. L. 75: Entire section amended, p. 1269, § 3, effective July 1.
Cross references: For effect of failure to file, see § 31-12-113 (2).
24-32-110. Report of district or municipal officials. (Repealed)
Source: L. 67: p. 820, § 3. C.R.S. 1963: § 3-22-10. L. 2011: Entire section repealed, (SB 11-239), ch. 218, p. 949, § 1, effective August 10.
24-32-111. Statewide program for identification of matters of state interest as part of local land use planning. (Repealed)
Source: L. 74: Entire section added, p. 351, § 2, effective May 17. L. 2002: (1) amended, p. 1023, § 41, effective June 1. L. 2006: Entire section repealed, p. 142, § 12, effective August 7.
24-32-112. County powers relating to matters of local concern - report. (Repealed)
Source: L. 88: Entire section added, p. 916, § 2, effective April 14. L. 91: Entire section repealed, p. 884, § 6, effective June 5.
24-32-113. Transfer of functions and property - contracts - continuation of regulations. (Repealed)
Source: L. 92: Entire section added, p. 1011, § 4, effective March 12. L. 2004: (1), (3), and (4) amended and entire section repealed, pp. 1177, 1183, §§ 3, 20, effective August 4.
Editor's note: Subsections (1), (3), and (4) were amended in section 3 of Senate Bill 04-236. Those amendments were superseded by the repeal of this section in section 20 of Senate Bill 04-236.
24-32-114. Cleanup of illegally disposed of waste tires - waste tire cleanup fund - legislative declaration - repeal. (Repealed)
Source: L. 95: Entire section added, p. 1113, § 4, effective May 31. L. 96: (3)(b) amended, p. 814, § 2, effective May 23. L. 98: (1)(a), (1)(b), (3)(a), (3)(d), (4), (6), and (7) amended and (6.5) added, p. 1064, § 1, effective June 1. L. 99: (1)(a)(II) amended, p. 884, § 10, effective July 1; (5) amended, p. 690, § 15, effective August 4. L. 2000: (1) R&RE, (1.5) and (8) added, and (3)(b), (3)(c), and (4) amended, pp. 807, 809, §§ 2, 3, effective May 24. L. 2001: IP(1), (1)(a), (1)(b)(I), (1)(c), (1)(d), and (6) amended and (1)(f) added, p. 798, § 2, effective June 1. L. 2002: (1.3) added, p. 153, § 10, effective March 27; (1.3) repealed, p. 673, § 6, effective May 28; (1)(c) and (1)(d) amended, p. 234, § 1, effective July 1; (5) repealed, p. 882, § 22, effective August 7. L. 2003: (1.4) added, p. 457, § 14, effective March 5. L. 2006: (1)(b)(I) amended, p. 1254, § 1, effective May 26; (1)(e) and (1)(f) amended and (1.1) and (1.2) added, p. 1500, § 36, effective June 1; (7) amended, p. 175, § 4, effective July 1. L. 2009: (1.6) added, (SB 09-279), ch. 367, p. 1928, § 11, effective June 1. L. 2010: (1.7) added, (HB 10-1327), ch. 135, p. 449, § 3, effective April 15; entire section repealed, (HB 10-1018), ch. 421, p. 2163, § 2, effective June 10.
24-32-115. Economic self-sufficiency - development of standards - rules - fund - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Most state public assistance programs are calibrated to the federal poverty line, a one-size-fits-all national standard designed in the 1960s that is calculated largely on the cost of food and has only been updated for inflation;
(b) The standard is outdated and virtually irrelevant to the actual costs families face today, such as child care, health care, and transportation;
(c) A self-sufficiency standard measures how much income is needed for a family of a given composition in a given place to adequately meet its basic needs without public or private assistance;
(d) A self-sufficiency standard provides a more accurate assessment of the economic well-being of Colorado families;
(e) A self-sufficiency standard is an excellent tool that could be used in many ways, including:
(I) Creating a benchmark for measuring the effects of programs and policies;
(II) Economic development;
(III) Targeting higher-wage jobs for Coloradans;
(IV) Enhancing education, job training, and skills development programs; and
(V) Counseling clients transitioning from welfare to workforce development programs.
(2) (a) On or before January 1, 2008, the executive director of the department of local affairs shall make available on the website of the department of local affairs a standard to measure the self-sufficiency of Colorado families. The standard shall take into account regional and county variations in the costs of housing, child care, health care, food, and transportation and miscellaneous costs, and the effect of existing tax laws, including state sales tax, payroll taxes, federal and state income tax, child care tax credits, and the earned income tax credit.
(b) The standard required pursuant to paragraph (a) of this subsection (2) shall:
(I) Rely to the extent possible, on data reported by the United States census bureau, United States department of housing and urban development, and on other data reported to state and federal agencies using standardized methodology;
(II) Determine housing costs using fair market rents for apartments as reported by the United States department of housing and urban development;
(III) Determine child care costs using average costs for licensed child care facilities, including but not limited to family day care, as reported to the state's child care resource and referral agencies for children of different ages in different areas of the state;
(IV) Determine food costs using the United States department of agriculture low-cost food plan; and
(V) In health-care costs, include insurance premium costs and out-of-pocket expenses based upon the medical expenditure panel survey and adjusted for inflation using the medical consumer price index.
(3) The department of local affairs is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the self-sufficiency standard fund, which fund is hereby created and referred to in this section as the fund. The moneys in the fund shall be continuously appropriated for the direct and indirect costs associated with the implementation of this section. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2007: Entire section added, p. 964, § 1, effective July 1, 2007. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2083, § 63, effective August 11.
24-32-116. Inventory of local governmental entities - information required - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Agent means:
(I) For a special district created pursuant to title 32, C.R.S., the special district's designated local government contact person, as reported annually by the special district and included in the database by the department; or
(II) For all other local governmental entities, a person designated by a local governmental entity to receive a filing of a notice of claim pursuant to section 24-10-109 (3).
(b) Department means the department of local affairs.
(c) Inventory means the online database of active local governments maintained by the department as of August 8, 2012.
(d) Local governmental entity means a city, county, city and county, special district, school district, including a charter school as defined in section 22-30.5-104.9, or other unit of local government.
(2) (a) The department shall update and expand the inventory and any associated forms or documents as necessary to obtain and integrate, for each local governmental entity, the information described in subsection (3) of this section.
(b) Nothing in this section precludes the department from including additional information in the inventory.
(3) (a) No later than twelve months after August 8, 2012, each local governmental entity in the state shall provide the following information to the department, which shall include the same in the inventory:
(I) The official name of the local governmental entity;
(II) The principal address of the local governmental entity;
(III) If other than the principal address, the mailing address of the local governmental entity;
(IV) The name of the local governmental entity's agent; and
(V) The mailing address of the agent.
(b) A local governmental entity shall update any information provided pursuant to paragraph (a) of this subsection (3) as required by the department. Failure to update the information provided pursuant to paragraph (a) of this subsection (3) renders any notice of a claim pursuant to section 24-10-109 to the last local governmental entity's agent in the inventory valid as a matter of law.
(c) Notwithstanding the date specified in subsection (3)(a) of this section, a local governmental entity that is a charter school shall submit the information required in subsections (3)(a)(I) to (3)(a)(V) of this section to the department of local affairs no later than the date specified in section 22-30.5-104.9 or no later than ninety days after becoming a charter school pursuant to section 22-30.5-104.9 (7) and shall update such information pursuant to subsection (3)(b) of this section.
(4) The department shall make the inventory accessible from the department's website.
(5) Nothing in this section precludes the filing of a notice of claim or the service of process on any person authorized by law.
Source: L. 2012: Entire section added, (HB 12-1244), ch. 172, p. 616, § 2, effective August 8. L. 2023: (1)(d) amended and (3)(c) added, (SB 23-287), ch. 189, p. 934, § 20, effective May 15.
Cross references: For the legislative declaration in SB 23-287, see section 1 of chapter 189, Session Laws of Colorado 2023.
24-32-117. Retail marijuana impact grants - program - creation - definitions - repeal. (Repealed)
Source: L. 2015: Entire section added, (HB 15-1367), ch. 271, p. 1075, § 13, effective June 4. L. 2018: (3) amended, (5) repealed, and (6) added, (HB 18-1336), ch. 177, p.1214, § 1, effective July 1; (3) amended, (HB 18-1369), ch. 253, p. 1555, § 4, effective August 8.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, p. 1214.)
24-32-118. Military and community partnerships. The general assembly directs the department of local affairs, on and after August 9, 2017, to support cooperative intergovernmental agreements between military installations and local governments to the extent that the department may do so within existing programs, resources, and technical expertise.
Source: L. 2017: Entire section added, (HB 17-1054), ch. 40, p. 120, § 2, effective August 9.
Cross references: For the legislative declaration in HB 17-1054, see section 1 of chapter 40, Session Laws of Colorado 2017.
24-32-118.5. Mobile veterans-support unit grant program - fund created - report - definitions - repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-032), ch. 297, p. 1763, § 1, effective September 7.
Editor's note: Subsection (7) provided for the repeal of this section, effective January 1, 2025. (See L. 2021, p. 1763.)
24-32-119. Gray and black market marijuana enforcement grant program - report - definition - repeal. (1) (a) The gray and black market marijuana enforcement grant program is created in the division. The division shall award grants to local law enforcement agencies and district attorneys to cover, in part or in full, investigation and prosecution costs associated with unlicensed marijuana cultivation or distribution operations conducted in violation of state law. The division shall not award grants for fiscal year 2025-26.
(b) The division shall:
(I) Solicit and review applications for grants from local law enforcement agencies and district attorneys; and
(II) Select local law enforcement agencies and district attorneys to receive grants to cover costs associated with the investigation and prosecution of unlicensed marijuana cultivation or distribution operations conducted in violation of state law.
(c) Grants awarded by the executive director of the department of local affairs pursuant to this subsection (1) shall be prioritized to:
(I) Provide necessary financial assistance to local law enforcement agencies and district attorneys in rural areas to address unlicensed marijuana cultivation or distribution operations conducted in violation of state law;
(II) Support local law enforcement agencies and district attorneys in investigating and prosecuting large-scale unlicensed marijuana cultivation or distribution operations conducted in violation of state law;
(III) Provide necessary financial assistance to local law enforcement agencies and district attorneys in the investigation and prosecution of organized crime involved in unlicensed marijuana cultivation or distribution operations conducted in violation of state law; or
(IV) Provide necessary financial assistance to local law enforcement agencies and district attorneys in the investigation and prosecution of unlicensed marijuana cultivation or distribution operations that divert marijuana outside of Colorado.
(2) The general assembly may annually appropriate money from the marijuana tax cash fund created in section 39-28.8-501 to the division to make the grants described in subsection (1) of this section and for the division's reasonable administrative expenses related to the grants. Any unexpended and unencumbered money from an appropriation made pursuant to this subsection (2) remains available for expenditure by the division in the next fiscal year without further appropriation.
(3) The division shall adopt policies and procedures that are necessary for the administration of the grant program, including the application process and the grant award criteria.
(4) (a) On or before November 1, 2019, and on or before November 1 each year thereafter, the division shall prepare a report regarding the effectiveness of the grant program and post the report on its website.
(b) (Deleted by amendment, L. 2024.)
(5) As used in this section, rural area means:
(a) A county with a population of less than two hundred thousand people, according to the most recently available population statistics of the United States bureau of the census; or
(b) A municipality with a population of less than thirty thousand people, according to the most recently available population statistics of the United States bureau of the census, that is located ten miles or more from a municipality with a population of more than fifty thousand people.
(6) This section is repealed, effective June 30, 2026.
Source: L. 2017: Entire section added, (HB 17-1221), ch. 401, p. 2091, § 3, effective July 1. L. 2018: (2) amended, (HB 18-1369), ch. 253, p. 1555, § 5, effective August 8. L. 2024: (4) amended, (SB 24-135), ch. 34, p. 112, § 16, effective March 22. L. 2025: (1)(a) amended and (6) added, (SB 25-246), ch. 103, p. 454, § 1, effective April 24.
Cross references: For the legislative declaration in HB 17-1221, see section 1 of chapter 401, Session Laws of Colorado 2017. For the legislative declaration in HB 18-1369, see section 1 of chapter 253, Session Laws of Colorado 2018.
24-32-120. Justice reinvestment crime prevention initiative - program - rules - cash funds - reports - definitions - repeal. (1) (a) The division of local government shall administer the justice reinvestment crime prevention initiative to expand small business lending and provide grants aimed at reducing crime and promoting community development in the target communities of north Aurora and southeast Colorado Springs. Effective September 1, 2021, the target communities must also include the Grand Junction and Trinidad areas, including unincorporated areas outside of city limits.
(b) Subject to available appropriations, on and after August 10, 2017, the division shall develop and implement an initiative in accordance with policies developed by the executive director specifically designed to expand small business lending in the target communities described in this subsection (1). An initiative developed and implemented pursuant to subsection (1)(a) of this section shall include, but need not be limited to, the following components:
(I) (A) On or before September 10, 2017, the division shall issue a request for participation and select one or more nondepository community development financial institution loan funds to participate in the small business lending program described in this subsection (1)(b)(I)(A);
(B) On or before September 1, 2021, if the nondepository community development financial institution loan funds contracted pursuant to subsection (1)(b)(I)(A) of this section are not able to also effectively serve the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits, the division shall issue a request for participation to select one or more additional depository community development financial institution loan funds to serve the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits.
(II) The division shall execute a contract and develop an operating agreement with each participating nondepository community development financial institution loan fund that provides comprehensive guidance regarding the procedures and program requirements and lending standards to include, but not be limited to, the following specifics:
(A) Any small business loan must be made at a fixed and reasonable interest rate, for a term not to exceed sixty months, with no prepayment penalty, and a maximum loan value of fifty thousand dollars;
(B) The procedures and timelines for a nondepository community development financial institution loan fund to draw down funding and any deposit account requirements;
(C) The terms and timeline for repayment by the nondepository community development financial institution loan fund to the division, including a reasonable grace period prior to commencement of repayment, and authority for the community development financial institution loan funds to retain interest paid by the borrower;
(D) Permission for the nondepository community development financial institution loan fund to request funding, subject to limitations established by the director, to provide or contract for services to increase the skills of prospective borrowers including, but not limited to, business and financial education, mentorship, or community outreach for marketing purposes; and
(E) Data collection requirements and performance and outcome metrics that include, but are not limited to, the number of loans made and capital disbursed and loan details including amount, rate and term, nature of business and number of jobs created, repayment collected, and delinquency or aging report; and
(III) The division may retain up to fifteen percent of funding received for small business lending in a loan loss reserve fund if it believes that such reserve fund would incentivize additional lenders to expand small business lending in the two target communities.
(IV) Repealed.
(c) (I) The justice reinvestment crime prevention cash fund, referred to in this subsection (1)(c) as the fund, is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(III) Money in the fund is continuously appropriated to the department of local affairs for the initiative developed pursuant to this subsection (1).
(IV) Repealed.
(2) (a) Subject to available appropriations, on and after August 10, 2017, the division shall develop and implement a grant program to provide funding to eligible entities for programs, projects, or direct services aimed at reducing crime in the target communities described in subsection (1) of this section. The division shall administer the grant program in accordance with policies developed by the executive director that include, but are not limited to, the specifics in subsection (2)(b) of this section.
(b) (I) On or before September 10, 2017, the executive director shall issue a request for participation and select a community foundation or foundations to manage the grant program. To be eligible, the community foundation must be registered in the state of Colorado and have a history of grant-making in the target community in areas consistent with the permissible uses of funding described in subsection (2)(e) of this section. The division may select one community foundation to serve both target communities or may select one community foundation for each target community.
(II) On or before September 1, 2021, if the community foundations contracted pursuant to subsection (2)(b)(I) of this section are not able to also effectively serve the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits, the division shall issue a request for participation and select one or more community foundations or third-party grant administrators as defined in section 25-20.5-801 (3)(a) to manage the grant program or programs for the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits.
(c) The division shall execute a written agreement with each selected community foundation or third-party grant administrator that outlines its roles and responsibilities, which must include:
(I) Developing a nomination process and governance policy for the local crime prevention planning team. The community foundation or third-party grant administrator shall ensure that the proposed local planning team members represent a diverse cross-section with expertise in areas like education, business, youth, families, nonprofit direct service, law enforcement, local government, community, and residents of the target communities, including those that have been directly impacted by crime and involvement in the criminal justice system.
(II) Providing facilitation to the local crime prevention planning team in the target communities;
(III) Developing the grant guidelines, application and review process, data collection, and reporting requirements for grantees;
(IV) Reviewing proposals submitted by the local planning team and making grant awards subject to approval by the division and the office of state planning and budgeting and consistent with the permissible uses described in subsection (2)(e) of this section;
(V) If the agreement is with a community foundation, contracting with a third-party evaluator to assist each local planning team to establish best practices with regard to data collection and identifying appropriate performance and outcome measures that measure outcome and impact of any funded crime prevention projects, programs, or initiatives;
(VI) Collaborating with the office of state planning and budgeting to provide information and research to local planning teams regarding best practices and effective programs for community development and crime prevention; and
(VII) If the written agreement is with a third-party administrator, performing data collection, identifying appropriate performance and outcome measures, providing technical assistance, and assisting with grantee capacity building.
(d) The division shall develop the procedures and timelines by which each selected community foundation or third-party grant administrator will be provided funding from the division for disbursement for the grant program.
(e) The permissible uses of any funding provided to each community foundation or third-party grant administrator shall include programs, projects, or initiatives that are aimed at:
(I) Improving academic achievement including, but not limited to, school readiness, reducing expulsions and suspensions in schools, increasing high school graduation, college enrollment and retention rates, and promoting school-parent-student engagement;
(II) Providing community-based services to strengthen families, promote recovery from trauma, provide support to crime survivors, increase employment, and reduce recidivism, or other similar community direct service needs identified by the local planning team;
(III) Facilitating neighborhood connections, community engagement, and local leadership development;
(IV) Increasing the safety and usability of common outdoor spaces; and
(V) Developing technical assistance related to data collection, data analysis, and evaluation.
(f) (I) The division shall transfer to the community foundation or third-party grant administrator within thirty days after execution of the agreement described in subsection (2)(c) of this section the administrative costs of the community foundation or third-party grant administrator related to the performance of the roles and responsibilities for managing the grant program.
(II) If the costs described in subsection (2)(f)(I) of this section pertain to a community foundation, the costs may not exceed eight percent of the appropriation.
(III) If the costs described in subsection (2)(f)(I) of this section pertain to a third-party grant administrator, the costs may not exceed fifteen percent of the appropriation to cover both the grant program management responsibilities and the additional responsibilities described in subsection (2)(c)(VII) of this section.
(g) To be eligible to receive grant funding an entity must be a nonprofit organization in good standing and registered with the internal revenue service and the Colorado secretary of state's office, a school, a unit of local government, or a private contractor hired to provide technical assistance to the local planning teams.
(h) Repealed.
(i) (I) The targeted crime reduction grant program cash fund, referred to in this subsection (2) as the fund, is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(III) Through state fiscal year 2022-23, money in the fund is continuously appropriated to the department of local affairs for the grant program developed pursuant to this subsection (2) and subsection (2.5) of this section. For state fiscal year 2023-24 and subject to annual appropriation, the department may expend money from the fund for the grant program developed pursuant to subsections (2) and (2.5) of this section, and the department may use, for the purposes specified in this subsection (2)(i)(III), any money appropriated or transferred to the fund that remains in the fund at the end of state fiscal year 2023-24 during state fiscal year 2024-25. For state fiscal year 2024-25 and subsequent fiscal years and subject to annual appropriation, the department may expend money from the fund for the grant program developed pursuant to subsection (2) of this section, and the department may use, for the purpose specified in this subsection (2)(i)(III), any money appropriated to the fund that remains in the fund during the fiscal year following the fiscal year for which the general assembly appropriated the money.
(III.3) and (III.5) Repealed.
(IV) The state treasurer shall transfer to the general fund all unexpended and unencumbered money in the fund on September 1, 2027.
(V) Repealed.
(2.5) Repealed.
(3) This section is repealed, effective September 1, 2027. Before such repeal, the department of regulatory agencies shall review the justice reinvestment crime prevention initiative pursuant to section 24-34-104.
(4) On and after December 1, 2017, during its annual presentation before the joint judiciary committee of the general assembly, or any successor joint committee, pursuant to section 2-7-203 , the division shall include a status report regarding the progress and outcomes of the initiatives developed and implemented by the division pursuant to this section during the preceding year.
(5) Repealed.
Source: L. 2017: Entire section added, (HB 17-1326), ch. 394, p. 2031, § 6, effective August 9. L. 2018: (5) repealed, (HB 18-1409), ch. 244, p. 1515, § 4, effective May 24. L. 2019: (1)(b)(IV) and (2)(h) repealed, (1)(c) and (2)(i) added, and (3) amended, (SB 19-064), ch. 179, p. 2037, § 3, effective May 14. L. 2021: (1)(a), (1)(b)(I), (2)(b), IP(2)(c), (2)(c)(I), (2)(c)(II), (2)(c)(V), (2)(c)(VI), (2)(d), IP(2)(e), (2)(f), (2)(i)(III), (2)(i)(IV), (2)(d), IP(2)(e), (2)(f), (2)(i)(III), (2)(i)(IV), and (3) amended and (2)(c)(VII), (2)(i)(III.3), (2)(i)(III.5), and (2.5) added, (HB 21-1215), ch. 252, p. 1483, § 2, effective June 17. L. 2023: (2)(i)(III), (2)(i)(III.3)(D), (2)(i)(III.5), and (3) amended and (2.5)(g) added, (HB 23-1299), ch. 301, p. 1807, § 1, effective June 1.
Editor's note: (1) Subsections (1)(c)(IV)(B) and (2)(i)(V)(B) provided for the repeal of subsections (1)(c)(IV) and (2)(i)(V), respectively, effective July 1, 2021. (See L. 2019, p. 2037.)
(2) Subsections (2)(i)(III.3)(D), (2)(i)(III.5)(B), and (2.5)(g) provided for the repeal of subsections (2)(i)(III.3), (2)(i)(III.5), and (2.5), respectively, effective September 1, 2024. (See L. 2023, p. 1807.)
Cross references: For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017. For the legislative declaration in HB 18-1409, see section 1 of chapter 244, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1215, see section 1 of chapter 252, Session Laws of Colorado 2021.
24-32-121. Colorado resiliency office - creation - director - repeal. (1) The Colorado resiliency office is created in the division of local government within the department of local affairs. The head of the office is the director of the Colorado resiliency office. The director of the division of local government shall appoint the director of the office in accordance with section 13 of article XII of the state constitution. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division and the department.
(2) This section is repealed, effective September 1, 2037. Before its repeal, the Colorado resiliency office is scheduled for review in accordance with section 24-34-104.
Source: L. 2018: Entire section added, (HB 18-1394), ch. 234, p. 1471, § 17, effective August 8. L. 2019: Entire section amended, (HB 19-1292), ch. 183, p. 2062, § 2, effective May 16. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3413, § 174, effective August 10; (2) amended, (HB 22-1225), ch. 303, p. 2196, § 1, effective August 10.
Cross references: (1) For the legislative declaration in HB 19-1292, see section 1 of chapter 183, Session Laws of Colorado 2019.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-122. Colorado resiliency office - duties and powers - repeal. (1) (a) The Colorado resiliency office shall create, maintain, and keep current the resiliency and community recovery program as described in section 24-33.5-705.2. The program must accomplish the following, at a minimum:
(I) Develop a plan to improve coordination among state agencies and local jurisdictions to support community and economic recovery efforts and to address risk and vulnerability reduction;
(II) Provide technical assistance to local governments for the implementation of resilience planning, including resilience frameworks, vulnerability profiles, risk-reduction plans, and economic development strategies;
(III) Provide technical assistance to state agencies for the implementation of resilience policies and procedures and to institutionalize resilience practices across departments and agencies;
(IV) Provide technical assistance to local governments and state agencies to secure additional resources and investment to implement resilience solutions;
(V) Integrate resilience criteria into existing competitive grant programs;
(VI) Provide policy advocacy to shape federal resilience efforts;
(VII) Develop metrics and targets to measure the short- and long-term success of resilience efforts and actions; and
(VIII) Support long-term community recovery efforts and resource navigation after a disaster.
(b) The Colorado resiliency office shall maintain and keep the resiliency and community recovery program current and in compliance to meet the needs of the state.
(2) The Colorado resiliency office shall consult with the governor's office, the department of public safety, the department of public health and environment, and all other affected state agencies in developing the resiliency and community recovery program.
(3) In developing the program, the Colorado resiliency office shall ensure a participatory process that includes local government, state agencies, business, labor, industry, agriculture, civic and volunteer organizations, academia, community leaders, and other stakeholders.
(4) Repealed.
(5) The department of local affairs and the Colorado resiliency office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section and section 24-32-121.
(6) This section is repealed, effective September 1, 2037. Before its repeal, this section is scheduled for review in accordance with section 24-34-104.
Source: L. 2018: Entire section added, (HB 18-1394), ch. 234, p. 1471, § 17, effective August 8. L. 2019: (4) repealed and (6) added, (HB 19-1292), ch. 183, p. 2062, § 3, effective May 16. L. 2022: (6) amended, (HB 22-1225), ch. 303, p. 2196, § 2, effective August 10.
Cross references: For the legislative declaration in HB 19-1292, see section 1 of chapter 183, Session Laws of Colorado 2019.
24-32-123. Defense counsel on first appearance grant program - rules - report - definition - repeal. (1) (a) The defense counsel on first appearance grant program, referred to in this section as the grant program, is created in the division. The division shall award grants from the grant program to reimburse local governments, in part or in full, for costs associated with the provision of defense counsel to defendants at their first appearances in municipal courts, as required by section 13-10-114.5.
(b) The division shall:
(I) Solicit and review applications for grants from local governments; and
(II) Select local governments to receive grants to reimburse the local governments for costs associated with the provision of defense counsel to defendants at their first appearance in municipal courts.
(2) The general assembly may annually appropriate money from the general fund to the division to make the grants described in subsection (1) of this section and for the division's reasonable administrative expenses related to the grants. Any unexpended and unencumbered money from an appropriation made pursuant to this subsection (2) remains available for expenditure by the division in the next fiscal year without further appropriation.
(3) The executive director may promulgate rules in accordance with article 4 of this title 24 to the extent necessary for the administration of the grant program, including rules establishing an application process and grant award criteria.
(4) (a) The division shall annually prepare a report regarding the effectiveness of the grant program and post the report on its website.
(b) (Deleted by amendment, L. 2024.)
(5) This section is repealed, effective September 1, 2028. Before its repeal, the department of regulatory agencies shall review the grant program in accordance with section 2-3-1203.
Source: L. 2018: Entire section added, (HB 18-1353), ch. 348, p. 2070, § 1, effective May 30. L. 2023: (5) amended, (SB 23-072), ch. 180, p. 878, § 2, effective August 7. L. 2024: (4) amended, (SB 24-135), ch. 34, p. 112, § 17, effective March 22.
24-32-124. Law enforcement community services grant program - committee - policies and procedures - fund - rules - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Committee means the law enforcement community services grant program committee established pursuant to subsection (3)(a) of this section.
(b) Division means the division of local government created pursuant to section 24-32-103.
(c) Eligible recipient means a law enforcement agency or a group of county or municipal entities or community organizations, so long as one of the agencies or entities is a law enforcement agency.
(d) Executive director means the executive director of the department of local affairs.
(e) Law enforcement agency means a county sheriff's office, municipal police force, the Colorado state patrol, or the Colorado bureau of investigation.
(f) Program means the law enforcement community services grant program created pursuant to subsection (2) of this section.
(2) (a) There is created in the division the law enforcement community services grant program to provide grants to law enforcement agencies, local government entities, and community organizations to improve services to the communities through community policing and outreach; drug intervention, prevention, treatment, and recovery; technology; training; and other community services.
(b) The division shall administer the program and, subject to available appropriations, shall award grants as provided in this section. Subject to available appropriations, grants shall be paid out of the fund created in subsection (5) of this section.
(c) The executive director shall develop such policies and procedures as are required in this section and such additional policies and procedures as may be necessary to implement the program. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant application, the time frames for distributing grant money, and criteria to be used in awarding and denying grants. The executive director shall determine the recipients of grants and the amount of each grant.
(3) (a) There is created in the division the law enforcement community services grant program committee to make recommendations to the executive director on the policies and procedures developed pursuant to subsection (2)(c) of this section, review grant applications, and recommend which grants should be approved. The committee consists of the following members:
(I) A representative of the department of local affairs appointed by the executive director who shall chair the committee;
(II) A representative of the department of public safety appointed by the executive director of the department of public safety;
(III) A representative of the department of law appointed by the attorney general;
(IV) The following persons appointed by the governor:
(A) A representative of a statewide organization of district attorneys;
(B) A representative of a statewide organization of county sheriffs;
(C) A representative of a statewide organization of chiefs of police;
(D) A representative of a statewide organization of law enforcement officers;
(E) A representative of a statewide organization of counties;
(F) A representative of a statewide organization of municipalities;
(G) A representative of a drug treatment provider;
(H) A representative of a nonprofit organization that advocates for civil liberties; and
(I) Four additional members who are not members of any of the entities described in subsections (2)(b)(IV)(A) to (2)(b)(IV)(H) of this section, but who represent community organizations that provide services to the community and represent the diverse geographic areas and the ethnic and racial diversity and gender balance within the state;
(V) A member of the senate appointed by the president of the senate; and
(VI) A member of the house of representatives appointed by the speaker of the house of representatives.
(b) The members appointed pursuant to subsection (3)(a)(IV) of this section serve terms of four years; except that the members first appointed pursuant to subsections (3)(a)(IV)(A), (3)(a)(IV)(C), (3)(a)(IV)(E), and (3)(a)(IV)(G) shall serve terms of two years; and the members first appointed pursuant to subsections (3)(a)(IV)(B), (3)(a)(IV)(D), (3)(a)(IV)(F), and (3)(a)(IV)(H) shall serve terms of three years.
(c) Except for the legislative members, members of the committee do not receive compensation or reimbursement for expenses incurred for serving on the committee.
(d) If fewer than all the members of the committee identified in subsection (3)(a) of this section are appointed as of June 30, 2023, the executive director shall, in the executive director's sole discretion, determine the number of members of the committee; except that the committee must consist of at least nine members.
(4) To receive a grant, an eligible recipient must submit an application to the division in accordance with policies and procedures developed pursuant to subsection (2)(c) of this section.
(5) (a) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the law enforcement community services grant program fund created pursuant to subsection (5)(b) of this section.
(b) The law enforcement community services grant program fund is created in the state treasury. The fund consists of money transferred to the fund pursuant to section 16-13-311, any other money that the general assembly may appropriate or transfer to the fund, and any gifts, grants, or donations received by the division. Subject to annual appropriation by the general assembly, the division may only expend money from the fund for the grants awarded pursuant to this section and for up to five percent of the money in the fund for the direct and indirect costs incurred in administering the program. Any unexpended and unencumbered money from an appropriation made for the purposes of this section remains available for expenditure by the division in the next fiscal year without further appropriation.
(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(6) The department of local affairs shall include a summarized report of the activities of the program in the department's annual presentation to the committees of reference pursuant to section 2-7-203. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this section continue indefinitely.
(7) Notwithstanding any other provision of this section, the division is not required to implement the program until sufficient funds are received in the fund created in subsection (5) of this section.
Source: L. 2018: Entire section added, (HB 18-1020), ch. 307, p. 1857, § 3, effective September 1. L. 2019: (6) amended, (SB 19-252), ch. 254, p. 2452, § 2, effective August 2. L. 2023: (3)(d) added, (SB 23-210), ch. 251, p. 1430, § 3, effective May 24.
24-32-125. Census outreach grant program - creation - committee - legislative declaration - definitions - repeal. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1239), ch. 262, p. 2479, § 2, effective May 23.
Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 2022. (See L. 2019, p. 2479.)
Cross references: For the short title (Every Person Counts In Colorado Act) in HB 19-1239, see section 1 of chapter 262, Session Laws of Colorado 2019.
24-32-126. Strategic action plan for upcoming decennial census. On or before May 1, 2026, and on or before May 1 every ten years thereafter, the department and the office of the governor shall develop a strategic action plan, including a discussion of necessary funding for the plan, for outreach, education, and promotion for a successful count of the population in Colorado during the upcoming decennial census.
Source: L. 2019: Entire section added, (HB 19-1239), ch. 262, p. 2485, § 2, effective May 23.
Cross references: For the short title (Every Person Counts In Colorado Act) in HB 19-1239, see section 1 of chapter 262, Session Laws of Colorado 2019.
24-32-127. Community substance use and mental health services grant program - creation - legislative intent. (1) There is created in the department of local affairs the community substance use and mental health services grant program, referred to in this section as the grant program, to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by, persons who come into contact with the criminal justice system. A county that provides such treatment services and programs in collaboration with public health agencies, law enforcement agencies, and community-based organizations is eligible for a grant pursuant to the grant program.
(2) Subject to available appropriations, the department shall issue a grant to any eligible county. The amount of a grant awarded pursuant to this section must be based on the cost of the services provided and the number of persons that receive services.
(3) The department may develop policies and procedures necessary for the operation of the grant program, including the application process; the formula for determining the amount awarded to each eligible county; a process for verifying that the county is providing services described in this section in collaboration with public health agencies, law enforcement agencies, and community-based organizations; and a requirement that each grant recipient provides a report to the department describing how the grant funds were utilized.
(4) The general assembly intends that the grant program be funded with money generated from estimated savings from House Bill 19-1263, enacted in 2019.
Source: L. 2019: Entire section added, (HB 19-1263), ch. 291, p. 2681, § 9, effective August 2. L. 2020: (2) and (4) amended, (HB 20-1371), ch. 165, p. 763, § 1, effective June 29.
24-32-128. Rural economic development initiative grant program - creation - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Beginning farmer means a farmer, rancher, or operator of nonindustrial private forestland who is in the first ten years of operation, or a person intending or aspiring to begin such an operation.
(b) Colorado office of economic development means the Colorado office of economic development created in section 24-48.5-101.
(c) Department means the department of local affairs.
(d) Eligible recipient means an entity that is eligible to receive a grant through the grant program and includes local governments in a rural community and organizations or individuals working in partnership with a local government in a rural community, where the local government serves as the grant administrator, including intergovernmental agencies, councils of government, housing authorities, beginning farmers, the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, nonprofit economic development organizations, and private employers.
(e) Executive director means the executive director of the department of local affairs.
(f) REDI program means the rural economic development initiative grant program created in this section.
(g) Rural community means a county with a population of fewer than fifty thousand residents or a municipality with a population of fewer than twenty-five thousand residents if the municipality is not contiguous to a municipality with a population of twenty-five thousand or more.
(2) There is hereby created in the department the rural economic development initiative grant program. The department shall administer the REDI program in consultation with the Colorado office of economic development.
(3) (a) The purpose of the REDI program is to provide grants to eligible recipients for projects that:
(I) Create new jobs in a rural community through a new employer or the expansion of an existing employer; or
(II) Create diversity and resiliency in a rural community's local economy.
(b) (I) The department shall evaluate grant applications based on whether the project in the rural community satisfies the criteria specified in subsection (3)(a) of this section, can proceed in a timely manner, and does one or more of the following:
(A) Benefits a key industry in the region by encouraging capital investment;
(B) Encourages growth that benefits more than one rural community through collaboration;
(C) Shows compatibility with relevant communities and existing economic development plans;
(D) Evidences strong support from local governments; or
(E) Evidences strong support from local workforce agencies or local workforce boards if the grant being sought is for workforce development.
(II) In evaluating applications for grants, the department shall prioritize projects that would create new jobs through a new employer or the expansion of an existing employer. In addition, the department shall consider whether the grant would create issues of unfair competition among other existing establishments in the rural community.
(c) The department may award grants multiple times a year if deemed appropriate by the department.
(d) Grant recipients shall provide a dollar match in an amount as specified in the policies and procedures adopted pursuant to subsection (5) of this section.
(4) Notwithstanding the requirements of subsection (3) of this section, if the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the purposes of this section in any fiscal year for the purposes of the Rural Economic Advancement of Colorado Towns (REACT) Act, created in part 36 of this article 32.
(5) (a) On or before September 1, 2020, the executive director or his or her designee shall adopt policies and procedures for the REDI program that include, but are not limited to:
(I) Procedures and timelines by which an eligible recipient may apply for a grant;
(II) Criteria for determining the grant amounts;
(III) Criteria for match requirements for grants;
(IV) Performance criteria, such as job creation goals or construction completion milestones, for grant recipients' projects; and
(V) Reporting requirements for grant recipients.
(b) On or before November 1 of each year, the executive director or his or her designee shall publish a report summarizing the use of all money that was awarded as grants from the REDI program or used for the purposes of the REACT program in accordance with subsection (4) of this section in the preceding fiscal year. At a minimum, the report shall specify the amount of grant money distributed to each grant recipient and a description of each grant recipient's use of the grant money. The executive director or his or her designee shall ensure that the report is posted on the department's website.
(6) (a) Any appropriation for REDI program grants must be administered in accordance with this section. Except as provided in subsections (4) and (6)(c) of this section, the entire amount of such appropriation must be used for REDI program grants.
(b) Any money not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure by the department for the purposes of this section in the next fiscal year without further appropriation.
(c) The department of local affairs may use up to three and seventy-five one-hundredths percent of the appropriation in Senate Bill 21-204, enacted in 2021, for any direct and indirect administrative expenses related to the REDI program grants that are awarded from the appropriation.
Source: L. 2020: Entire section added, (SB 20-002), ch. 146, p. 631, § 1, effective September 14. L. 2021: (6)(a) amended and (6)(c) added, (SB 21-204), ch. 233, p. 1231, § 1, effective June 15.
24-32-129. Small business relief program - address negative effects of capacity limits due to COVID-19 pandemic - distribution through local governments - definitions - report - repeal. (Repealed)
Source: L. 2020, 1st Ex. Sess.: Entire section added, (SB 20B-001), ch. 2, p. 5, § 2, effective December 7. L. 2021: (2)(a)(I)(B) and (2)(c)(IV) amended, (SB 21-001), ch. 6, p. 41, § 4, effective January 21; (3) amended, (HB 21-1285), ch. 228, p. 1213, § 5, effective June 14; (3) amended, (SB 21-252), ch. 242, p. 1300, § 3, effective June 16.
Editor's note: Subsection (5) provided for the repeal of this section, effective December 31, 2022. (See L. 2020, 1st Ex. Sess., p. 5.)
24-32-130. Local government affordable housing development incentives grant program - local government planning grant program - creation - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Affordable housing means:
(I) For a household residing in housing on a rental basis, annual income of the household is at or below eighty percent of the area median income of households of that size in the county in which the housing is located;
(II) For a household residing in housing on a home ownership basis, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or
(III) Housing that incorporates mixed-income development.
(b) Department means the department of local affairs.
(c) Eligible recipient means a local government that is eligible to receive a grant through the housing development incentives grant program or the planning grant program.
(d) Housing development incentives grant program means the local government affordable housing development incentives grant program created in subsection (2) of this section.
(e) Local government means a county, a municipality, or a city and county.
(f) Mixed income development means housing that incorporates mixed income development in that some, but not all, housing units within a particular development have restricted rates at or below the income levels specified in subsection (1)(a) of this section in addition to some units that are above such income levels with or without such restricted rates.
(g) Planning grant program means the local government planning grant program created in subsection (5) of this section.
(2) There is hereby created in the department the local government affordable housing development incentives grant program to provide grants to local governments that adopt one or more policy or regulatory tools that create incentives to promote the development of affordable housing. A local government that adopts such tools in accordance with this section is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community or region that are driven by community benefits and that focus on critical housing needs as identified by the local government. The division shall administer the housing development incentives grant program.
(3) (a) As part of the policies, procedures, and guidelines the division is required to adopt for the housing development incentives grant program pursuant to subsection (6)(a) of this section, the division shall develop a menu of different policy or regulatory tools that local governments may adopt as incentives to promote affordable housing development within their territorial boundaries or across their region.
(b) (I) The menu of tools the division must develop pursuant to subsection (3)(a) of this section must include such incentives to promote affordable housing development including but not limited to:
(A) The use of vacant publicly owned real property within the local government for the development of affordable housing;
(B) The creation of a program to subsidize or otherwise reduce local development review or fees, including but not limited to building permit fees, planning waivers, and water and sewer tap fees, for affordable housing development;
(C) The creation of an expedited development review process for affordable housing aimed at households the annual income of which is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;
(D) The creation of an expedited development review process for acquiring or repurposing underutilized commercial property that can be rezoned to include affordable housing units, including the preservation of existing affordable housing units;
(E) The establishment of a density bonus program to increase the construction of units that meet critical housing needs in the local community;
(F) With respect to water utility charges, the creation of processes to promote the use of sub-metering of utility charges for affordable housing projects and the creation of expertise in water utility matters dedicated to affordable housing projects;
(G) With respect to infrastructure, the creation of a dedicated funding source to subsidize infrastructure costs and associated fees related to publicly owned water, sanitary sewer, storm sewers, and roadways infrastructure;
(H) Granting duplexes, triplexes, or other appropriate multi-family housing options as a use by right in single-family residential zoning districts;
(I) The classification of a proposed affordable housing development as a use by right when it meets the building density and design standards of a given zoning district;
(J) Authorizing accessory dwelling units as a use by right on parcels in single family zoning districts that meet the safety and infrastructure capacity considerations of local governments;
(K) Allowing planned unit developments with integrated affordable housing units;
(L) Allowing the development of small square footage residential unit sizes;
(M) Lessened minimum parking requirements for new affordable housing developments; and
(N) The creation of a land donation, land acquisition, or land banking program.
(II) In addition to the items listed in subsection (3)(b)(I) of this section, the policies, procedures, and guidelines adopted by the division must also allow for the adoption by a local government of additional policy or regulatory tools that provide novel, creative, or innovative incentives to the development of affordable housing.
(4) (a) In the policies, procedures, and guidelines the division is required to adopt for the housing development incentives grant program pursuant to subsection (6)(a) of this section, the division shall specify, without limitation:
(I) The manner by which a local government becomes an eligible recipient for the grant program and the criteria used to determine eligibility;
(II) The manner in which a local government's ongoing commitment to refine and expand its land use policies affects the competitiveness of its grant application; and
(III) A requirement that a local government shall select not less than three options from the menu of policy or regulatory tools specified in subsection (3)(b) of this section.
(b) In evaluating applications for grants from the housing development incentives grant program, the division shall prioritize proposals submitted by local governments based on the degree to which the grant award, either on its own, or as part of other incentives made available to the eligible recipient:
(I) Represents geographic diversity throughout the state with respect to the different kinds of communities being awarded grants;
(II) Satisfies the goal of achieving best practices in affordable housing development whether with respect to the menu of policy or regulatory tools adopted by the local government or that represents a novel, creative, or innovative approach to the development of affordable housing;
(III) Offers maximum impact in initiating affordable housing creation within the local community or region that is driven by community benefits and that focuses on critical housing needs as identified by the local government;
(IV) Extends or advances existing approaches by the local government to initiate housing creation whether with respect to the production of housing units or longer term policy changes;
(V) Represents diversity in the type of affordable housing created for rental housing in accordance with subsection (1)(a)(I) of this section and for home ownership in accordance with subsection (1)(a)(II) of this section;
(VI) Initiates or preserves housing affordability that can be maintained for a long-term period of affordability as negotiated by the department and the local government and that allows the local government to determine the method for achieving affordability; and
(VII) Supports sustainable development patterns such as infill and the redevelopment of existing buildings.
(c) Notwithstanding any other provision of law, with respect to the awarding of grants under the housing development incentives grant program, the division shall prioritize its funding in favor of those local governments that demonstrate the sufficient use of local incentives for affordable housing development in such manner as to be able to leverage funding for the maximum impact on the number of affordable housing units built over time and that are affordable as negotiated by the department and local governments.
(5) There is hereby created in the department the local government planning grant program to provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing as described in subsection (3) of this section and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community, including considerations of equity, or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the division. As part of its administration of the planning grant program, the division shall provide assistance to local governments on best land use practices and tools and shall update and publish model county and municipal land use codes for the benefit of local governments across the state.
(6) (a) On or before September 1, 2021, the executive director of the department or the executive director's designee shall adopt policies, procedures, and guidelines for the housing incentives grant program and planning grant program that include, without limitation:
(I) Procedures and timelines by which an eligible recipient may apply for a grant;
(II) Criteria for determining the amount of grant awards;
(III) Performance criteria for grant recipients' projects; and
(IV) Reporting requirements for grant recipients.
(b) Notwithstanding any other provision of this section, the amount of any grant award under either the housing development incentives grant program or the planning grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.
(c) To the extent applicable, and unless otherwise required by this section, requirements governing the process of awarding a Colorado heritage planning grant under part 32 of this title 24 govern the process for obtaining a grant from the housing development incentives grant program or the planning grant program under this section.
(7) All funding of any grants awarded under either the housing development incentives grant program or the planning grant program must be made entirely out of the money transferred from the general fund and the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in section 24-32-3207 (1) in accordance with section 24-32-3207 (6). All costs incurred by the division in administering either the housing development incentives grant program or the planning grant program must be paid out of the money transferred under section 24-32-3207 (6). The division may use up to four percent of any money transferred to it under this section to cover its administrative costs in administering or evaluating either the housing development incentives grant program or the planning grant program. All money transferred into the Colorado heritage communities fund in accordance with section 24-32-3207 (6) must be expended before July 1, 2025. Any money transferred into the fund in accordance with this subsection (7) that is not expended or encumbered from any appropriation at the end of any fiscal year is available for expenditure before July 1, 2025, without further appropriation.
(8) (a) On or before November 1, 2022, and on or before November 1, 2023, the executive director of the department or the executive director's designee shall publish a report summarizing the use of all money that was awarded as grants from the housing development incentives grant program in the preceding fiscal year. At a minimum, the report must specify the number of local governments that applied for a grant award, including the number of local governments that were not awarded a grant; the policy or regulatory tools adopted by the local governments that qualified for a grant award; the amount of grant money distributed to each grant recipient; and a description of each grant recipient's use of the grant money. In the report, the division shall also provide its recommendations concerning future administration of the grant program. The report must be shared with the general assembly and posted on the department's website.
(b) On or before November 1, 2022, and on or before November 1, 2023, the executive director of the department or the executive director's designee shall publish a report summarizing the use of all money that was awarded as grants from the planning grant program in the preceding fiscal year. At a minimum, the report must specify the amount of grant money distributed to each grant recipient and a description of each grant recipient's use of the grant money. In the report, the division shall also provide its recommendations concerning future administration of the grant program. The report must be shared with the general assembly and posted on the department's website.
Source: L. 2021: Entire section added, (HB 21-1271), ch. 356, p. 2317, § 3, effective June 27. L. 2023: (7) amended, (HB 23-1232), ch. 217, p. 1121, § 1, effective May 17.
Cross references: For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021.
24-32-131. Best practices in policing study. (1) (a) The division of local government shall contract with a nationally recognized research and consulting entity that is an expert in data-driven, evidence-based policing that is community-focused for an independent study to assess and provide a report and findings on evidenced-based policing national best practices in defined areas of study. The consulting entity shall complete an interim study no later than December 30, 2021, and the final study no later than July 1, 2022. The study shall determine evidence-based best practices in the following areas to promote greater policing fairness, equity, and effectiveness:
(I) Use of force strategies, standards, and training that value the sanctity of human life, promote de-escalation tactics, provide clarity for officers, protect communities, and minimize harm to offenders;
(II) Crime and community harm reduction strategies that include problem analysis of high-risk people and places, considering racial and ethnic bias in policing with a focus on prevention while improving safety and police-community interactions;
(III) Initiatives to safely increase community response for lower-level offenses and calls for service;
(IV) Strategies to effectively move law enforcement and the community forward together by building a shared understanding and identifying common solutions to better protect our vulnerable and underrepresented communities, in addition to those suffering from mental illness or experiencing homelessness through non-traditional policing methodologies;
(V) Methods to enhance officer receptivity to engage in evidence-based policing practices that involve harm reduction and reduce reliance on traditional justice system resources and processes;
(VI) Innovative approaches to officer mental health, recruitment, and retention to address trauma and ensure officer preparedness for community engagement; and
(VII) Analysis of recruitment and qualification standards for entry-level police officer positions to attract candidate pools with diverse perspectives and ongoing training and qualification requirements to enhance officers' willingness to engage in justice strategies embracing community collaboration while also decreasing and identifying signs of problematic behaviors.
(b) The consulting entity may consult with and seek input from:
(I) National organizations of social and civil justice;
(II) Colorado district attorneys and the Colorado district attorneys' council;
(III) A statewide organization representing municipalities;
(IV) A statewide organization representing counties;
(V) National organizations representing law enforcement;
(VI) National organizations representing local governments; and
(VII) Any other entities or organizations the consulting entity determines are necessary.
(c) (I) The division shall relay any refined scope of work to the consulting entity and the recommended research entities from the advisory committee as described in subsection (2) of this section.
(II) The division shall develop a request for proposal to contract with the consulting entity, award the contract for the study described in subsection (1)(a) of this section, and oversee the fulfillment of the contract terms. The division shall award the contract no later than thirty days after the final appointment to the advisory committee.
(III) The division shall provide the consulting entity's interim and final study findings to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees.
(2) (a) The division shall convene an advisory committee for the study. The advisory committee shall consist of:
(I) The following members appointed by the president of the senate:
(A) A representative from a non-profit that is an advocate for policing reform and civil liberties;
(B) A representative from a community-based criminal justice organization;
(C) An individual negatively impacted by the criminal justice system or law enforcement;
(D) A representative who advocates for juvenile justice; and
(E) One member of the senate;
(II) The following representatives appointed by the speaker of the house of representatives:
(A) A representative of the county sheriffs recommended by the director of a statewide organization representing sheriffs;
(B) A representative of the chiefs of police recommended by the president of a statewide organization representing the chiefs of police;
(C) A representative of police officers recommended by the president of a statewide organization representing police officers; and
(D) A member of the house of representatives;
(III) The executive director of the department of public safety, or his or her designee;
(IV) One member of the senate appointed by the senate minority leader; and
(V) One member of the house of representatives by the house minority leader.
(b) The appointing authorities shall appoint the members of the advisory committee no later than ten days after July 6, 2021.
(c) The advisory committee shall submit to the division the names of three research or study organizations well versed in data-driven policing that they recommend be requested to submit proposals to conduct the study no later than ten days after the final appointment to the advisory committee.
(d) The advisory committee may refine the scope of the work of the study if necessary. The consulting authority shall provide periodic updates from the study organization over the course of the study on the progress and interim findings. The advisory committee may respond to the periodic updates as requested by the consulting authority.
(e) Once the interim study and final study is completed, the consulting entity shall provide the division with its findings. The division shall provide the advisory committee with the interim and final study findings. The advisory committee shall review the findings and determine whether to recommend legislative action, make internal policy recommendations to law enforcement entities, and any other actions it deems appropriate.
Source: L. 2021: Entire section added, (HB 21-1250), ch. 458, p. 3071, § 22, effective July 6.
24-32-132. Small community-based nonprofit infrastructure grant program - creation - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Throughout the course of the COVID-19 public health emergency, small community-based nonprofit organizations have played a crucial role in referring individuals to or delivering needed, relevant, and culturally appropriate resources and services to families and communities that have been disproportionately impacted by the ongoing pandemic;
(b) Governmental entities and small community-based nonprofit organizations are natural partners, as they serve the same constituents in the same communities. Small community-based nonprofit organizations have close relationships with and high levels of trust among the communities they serve and are ideally positioned to maximize public benefits, particularly among communities that have historically been underrepresented, underserved, or underresourced in Colorado.
(c) In addition, small community-based nonprofit organizations are able to refer individuals to or fill the gaps in government programs due to their local presence and strong connections to the communities they serve. Communities disproportionately impacted by the pandemic have relied on small community-based nonprofit organizations to identify and generate community-led solutions to their specific needs.
(d) Many small community-based nonprofit organizations were founded and are operated by people whose lived experiences in the communities they serve led to the creation of the organization. This gives these nonprofit organizations a unique understanding of the best ways to provide the needed services and solutions in their communities.
(e) In response to the COVID-19 public health emergency, small community-based nonprofit organizations have had to restructure to operate remotely, work extended hours, provide more services to a greater segment of the population, collect data for impact and outcomes, catalog increased needs, create culturally responsive solutions to longstanding problems that were exacerbated by the pandemic, and pivot from prior routines or practices to reduce the economic and emotional toll on disproportionately impacted communities as a result of the COVID-19 public health emergency;
(f) Small community-based nonprofit organizations serve communities that are still suffering from the lingering impacts of the pandemic and have the knowledge, experience, and relationships necessary to address the ongoing negative impacts of the COVID-19 public health emergency in their communities;
(g) The primary obstacle that small community-based nonprofit organizations face in providing the needed services and solutions to their communities is a lack of financial resources for capacity-building, such as updating technology infrastructure, increasing strategic planning, providing professional development for staff and nonprofit boards, adapting fund-raising efforts, and strengthening communications;
(h) While the impacts and disproportional impacts of the COVID-19 public health emergency on the communities that small community-based nonprofit organizations serve are clear, many of these organizations as entities have themselves experienced the negative financial impacts of the COVID-19 public health emergency due to decreased revenue, increased costs, and the new and increased needs of the communities they serve;
(i) In addition, many small community-based nonprofit organizations provide services in qualified census tracts, which is defined by the United States treasury as any census tract that is designated by the secretary of housing and urban development and, for the most recent year for which census data are available on household income in such tract, either in which fifty percent or more of the households have an income that is less than sixty percent of the area median gross income for such year or that has a poverty rate of at least twenty-five percent. These nonprofit organizations are presumed by the United States treasury to be disproportionately impacted by the COVID-19 public health emergency.
(j) Providing assistance in the form of grants to nonprofit organizations that have been impacted or disproportionately impacted by the COVID-19 public health emergency is an allowable use of the money received by the state under the federal American Rescue Plan Act of 2021, Pub.L. 117-2;
(k) Providing grants to small community-based nonprofit organizations for infrastructure funding will help mitigate the financial hardships of the COVID-19 public health emergency experienced by so many small community-based nonprofit organizations;
(l) These grants are designed to respond to the harm experienced by small community-based nonprofit organizations and are reasonably proportional to that harm; and
(m) The grant program described in this section is an important government service.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Eligible recipient means a small community-based nonprofit organization that satisfies the eligibility criteria specified in subsection (5) of this section.
(b) Fiscal agent means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that:
(I) Has an arrangement with a small community-based nonprofit organization that may or may not have its own tax-exempt status to perform the following functions on behalf of the organization:
(A) Receive grants, contributions, and other money on behalf of the small community-based nonprofit organization;
(B) Ensure that the money of the small community-based nonprofit organization is spent on the intended charitable purposes of the organization without retaining any control over how the money is spent;
(C) Supervise the small community-based nonprofit organization's finances; and
(D) Ensure that the small community-based nonprofit organization's money is used in a manner that furthers the fiscal agent's own charitable work;
(II) Performs the functions specified in subsection (2)(b)(I) of this section for an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based nonprofit organization received with the assistance of the fiscal agent.
(c) Fiscal sponsor means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that:
(I) Has an arrangement with multiple small community-based groups that are not registered nonprofit organizations to perform the following functions on behalf of the small community-based groups:
(A) Receive grants, contributions, and other money on behalf of each of the small community-based groups;
(B) Ensure that the money of each small community-based group is spent on the intended charitable purpose of the group;
(C) Determine how and when the money of each small community-based group is spent;
(D) Supervise each small community-based group's finances;
(E) Ensure that each small community-based group's money is used in a manner that furthers the fiscal sponsor's own charitable work; and
(F) Provide financial and project guidance to each small community-based group;
(II) Performs the functions specified in subsection (2)(c)(I) of this section for an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based group received with the assistance of the fiscal sponsor.
(d) Grant program means the small community-based nonprofit infrastructure grant program created in subsection (3) of this section.
(e) Regional access partner means a nonprofit organization headquartered in Colorado that has experience in grant management, that has the ability to distribute grants statewide or in regions of the state, and that:
(I) Has a track record of providing technical assistance and grants to small community-based nonprofit organizations;
(II) States a specific focus on historically marginalized and under-resourced communities or focuses at least fifty-one percent of its programming on engaging and supporting historically marginalized and under-resourced communities; and
(III) Has a board of directors or staff consisting of at least thirty percent who are individuals from historically marginalized and under-resourced communities.
(f) Small community-based nonprofit organization means a small community-based charitable or social welfare organization that has been impacted or disproportionately impacted by the COVID-19 public health emergency and that:
(I) Has organizational leadership whose lived experiences in the communities they serve lead to the creation, mission, and work of the nonprofit organization;
(II) Has an annual organizational budget or projected annual organizational budget of at least one hundred fifty thousand dollars and not more than two million dollars; and
(III) Is one of the following:
(A) A tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended;
(B) A tax-exempt charitable or social welfare organization that does not operate under section 501 (c)(3) of the federalInternal Revenue Code of 1986, as amended, and that is working with a fiscal agent; or
(C) A collaboration of small community-based groups that do not operate as nonprofit organizations and that are working with a fiscal sponsor.
(3) Small community-based nonprofit infrastructure grant program creation. (a) There is hereby created in the division the small community-based nonprofit infrastructure grant program to provide grants to eligible recipients for infrastructure and capacity building.
(b) The division shall administer the grant program as specified in subsection (4) of this section and shall contract with up to ten regional access partners to award and monitor grants as provided in this section, subject to available appropriations. A nonprofit organization must apply to the division, in a form and manner to be determined by the division, to serve as a regional access partner. Grants shall be paid from the money appropriated to the division for the grant program as provided in subsection (8) of this section. The division shall allocate the money appropriated for the grant program to the selected regional access partners for distribution to grant recipients pursuant to this section.
(4) Grant program administration. (a) The division shall engage with nonprofit organization stakeholders that have experience working with small community-based nonprofit organizations and satisfy the criteria to serve as regional access partners to develop policies and procedures to administer the grant program. At a minimum, the policies must specify:
(I) The time frames for applying, awarding, and disbursing grants;
(II) The form of the grant application; and
(III) The rubric to be used to evaluate grant applications.
(b) In developing the grant application pursuant to subsection (4)(a) of this section, the division shall ensure that each eligible recipient is required to include in its application evidence that the eligible recipient was impacted or disproportionately impacted by the COVID-19 public health emergency. Such evidence may include and need not be limited to:
(I) The percentage by which the eligible recipient's total operating expenses over program expenses has decreased since the beginning of the COVID-19 public health emergency;
(II) Evidence that the eligible recipient had to lay off staff during the COVID-19 public health emergency;
(III) Evidence that the eligible recipient had to close for a period during the COVID-19 public health emergency; or
(IV) Evidence that the eligible recipient had to access its financial reserves to pay for operating costs during the COVID-19 public health emergency.
(c) The division shall develop and implement an outreach strategy for potential eligible recipients that includes partnerships and funding for nonprofit organizations with direct community experience to partner with the division on outreach regarding the grant program. The division shall ensure that any information and materials in connection with the outreach strategy are available in at least English and Spanish.
(5) Grant recipient eligibility criteria. (a) To be an eligible recipient for a grant pursuant to this section, an organization shall be a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(b) of this section, a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(c) of this section, or a collaboration of multiple small community-based groups that satisfy the criteria specified in subsection (5)(d) of this section.
(b) A small community-based nonprofit organization that is a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, is an eligible recipient if the organization:
(I) Has a track record of providing effective, culturally appropriate, and relevant programs and services to communities who have historically been underrepresented, underserved, or underresourced in Colorado;
(II) Has a governing body and staff that consists of a majority of residents who live in the communities served by the small community-based nonprofit organization;
(III) Has a mission or history of providing services in specific communities in the state and has its main offices in one of the communities that the small community-based nonprofit organization serves;
(IV) Identifies and defines priority issue areas with input from residents of the community;
(V) Focuses the services it provides to specific areas of community-identified needs, including health equity, workforce development, community economic development, early childhood care, education support, housing, and food justice, and has the commitment to connect the communities that it serves with government agencies and programs, if available;
(VI) Solicits and implements community-led solutions from the community it serves; and
(VII) Is in good standing with the Colorado secretary of state.
(c) A small community-based nonprofit organization that is a registered nonprofit organization but that does not operate under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, is an eligible recipient if:
(I) The small community-based nonprofit organization satisfies all of the criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section; and
(II) The small community-based nonprofit organization works with a fiscal agent.
(d) A collaboration of multiple small community-based groups that are not registered nonprofit organizations are eligible recipients if:
(I) Each small community-based group in the collaboration satisfies all of the criteria specified in subsection (5)(b)(I) through (5)(b)(VI) of this section;
(II) The collaboration of multiple small community-based groups works with a fiscal sponsor; and
(III) The fiscal sponsor satisfies all of the criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section and is a small community-based nonprofit organization; except that the annual budget requirement specified in subsection (2)(f)(II) of this section does not apply to the fiscal sponsor.
(6) Purposes for which grant program money may be used. (a) Eligible recipients may use the money received through the grant program for the following infrastructure and capacity building purposes:
(I) Data technology needs including data collection and technology infrastructure;
(II) Professional development for staff and board members;
(III) Strategic planning and organizational development for capacity building, fundraising, and other services;
(IV) Communications; and
(V) Existing program expansion, development, or evaluation.
(b) Eligible recipients shall not use the money received through the grant program for the following purposes:
(I) Capital improvements. For purposes of this section, capital improvement does not include information technology infrastructure;
(II) Real estate or land acquisition;
(III) Payment of debt;
(IV) Advocacy or lobbying;
(V) Organizing; or
(VI) Endowments or reserves.
(7) Grant applications and awards. (a) To receive a grant, an eligible recipient must submit an application to a regional access partner in accordance with the policies and procedures developed by the division. The application must include any criteria or information determined by the division.
(b) In awarding grants pursuant to this section, a regional access partner shall ensure that:
(I) The maximum grant award to an eligible recipient does not exceed one hundred thousand dollars. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the maximum grant award to each individual small community-based group does not exceed one hundred thousand dollars.
(II) An eligible recipient's grant award does not exceed thirty percent of the recipient's annual operating budget. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the grant award to an individual small community-based group does not exceed thirty percent of that individual small community-based group's annual operating budget.
(c) Subject to available appropriations, the regional access partner must award grants for the purposes specified in this section in accordance with section 24-75-226 (4)(d).
(d) Upon a regional access partner awarding a grant to an eligible recipient pursuant to this section, the regional access partner and the eligible recipient shall enter into a contract in connection with the grant award. The regional access partner may dispense up to fifty percent of the total value of the payments under the contract to the eligible recipient immediately upon the execution of the contract.
(e) An eligible recipient that receives a grant pursuant to this section shall expend all grant money by December 30, 2026.
(8) Source of grant money. (a) For the 2022-23 state fiscal year, the general assembly shall appropriate thirty-five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the division to award grants to eligible recipients for the purposes of the grant program. Any money appropriated in the 2022-23 state fiscal year that is not encumbered or expended at the end of that state fiscal year remains available for expenditure by the division in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as specified in section 24-75-226 (4)(d).
(b) (I) The division may use up to five percent of the amount appropriated pursuant to this section for costs associated with implementing and administering the grant program.
(II) Each regional access partner selected by the division to award and monitor grants pursuant to subsection (3)(b) of this section may use up to five percent of the amount awarded to recipients for costs associated with awarding and monitoring the grants.
(9) Reporting requirement. The division and any person that receives money from the division, including a regional access partner, shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(10) Repeal. This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (HB 22-1356), ch. 351, p. 2501, § 1, effective June 3; (7)(c) amended, (HB 22-1411), ch. 271, p. 1959, § 12, effective June 3.
24-32-133. Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Affordable housing means:
(I) For a household residing in housing on a rental basis, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located;
(II) For a household residing in housing on a home ownership basis, annual income of the household at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or
(III) For a household residing in housing on a home ownership basis in rural resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.
(b) Department means the department of local affairs.
(c) Eligible expenses include planning, engineering, infrastructure, and local capacity.
(d) Eligible local government means a municipality or a county.
(e) Fund means the infrastructure and strong communities grant program fund created in subsection (5) of this section.
(f) Grant program means the infrastructure and strong communities grant program created in subsection (3)(a) of this section.
(g) Infill development means the development of unused and underutilized land within existing development patterns, typically but not exclusively in urban areas.
(h) Local government means a county, municipality, or a city and county.
(i) Multi-agency group means the division, the Colorado energy office created in section 24-38.5-101 (1), and the department of transportation created in section 43-1-103 (1).
(j) Sustainable development pattern means a development pattern that may be extended in a cost-effective way that mitigates harm and minimizes the need for additional resources to maintain the development over time.
(k) Transit-oriented development means a development that is within walking distance of a transit or other alternative transportation facility.
(2) Multi-agency group - best practices. (a) The multi-agency group shall encourage the involvement of local governments across the state in the grant program. The multi-agency group, with the assistance of stakeholders, shall develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.
(b) The sustainable land use best practices referenced in subsection (2)(a) of this section will address one or more of the following, without limitation:
(I) Enabling accessory development units or the use of multiplexes by right in residential zones;
(II) Zoning for mixed-use higher density development in downtown areas of municipalities and around transit stations;
(III) Annexation policies;
(IV) Intergovernmental agreements that coordinate future development;
(V) Reduced parking requirements;
(VI) Relaxed occupancy rules;
(VII) Budgeting policies;
(VIII) Water rate structures;
(IX) Road standards;
(X) Hazard risk reduction and mitigation standards;
(XI) Energy efficient building codes;
(XII) Zoning for innovative housing options, including but not limited to modular, manufactured, and prefabricated homes;
(XIII) The use of vacant publicly owned real property within the local government for the development of affordable housing;
(XIV) Planned unit developments with integrated affordable housing units;
(XV) The development of small square footage residential unit sizes; or
(XVI) Any other practice that is deemed innovative by a local government and approved by the multi-agency working group.
(c) The multi-agency group shall distribute the sustainable land use practices developed pursuant to subsection (2)(b) of this section to local governments so that local governments may analyze which, if any, of these practices might have a positive impact in their communities, and then determine how to customize these best practices and adopt them in their communities as appropriate.
(3) Grant program - criteria for awarding grants. (a) The infrastructure and strong communities grant program is hereby created within the division to provide grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.
(b) The division shall administer the grant program, in consultation with the Colorado energy office, created in section 24-38.5-101 (1), and the department of transportation, created in section 43-1-103 (1), and, subject to available appropriations, award grants in accordance with the requirements of this section. Subject to available appropriations, grants must be paid out of the fund created in subsection (5) of this section.
(c) The division shall develop policies, procedures, and guidelines that establish the criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:
(I) The potential impact of a project that a local government would fund with a grant award in light of the goals of the grant program; and
(II) The sustainable land use practices that the local government has adopted to support greater infill housing supply, more affordable housing, and sustainable development patterns.
(4) Policies, procedures, and guidelines governing us of grant funds. (a) The division shall develop policies and procedures to determine how grants funded by the grant program may be used.
(b) At a minimum, the policies, procedures, and guidelines developed pursuant to subsection (4)(a) of this section must require that a grant award be used, at least in part, to fund infrastructure projects that increase the supply of affordable housing and that are within or adjacent to a downtown area, a core business district of a municipality, a transit-oriented development, or that include onsite early childhood care and education services.
(c) The division shall ensure flexibility is afforded rural counties to be able to seek grant funding that addresses local objectives that are compatible with the goals underlying the grant program.
(d) A portion of any grant award may be used for project delivery, planning, and community engagement.
(e) The general assembly hereby encourages grant recipients to expend a portion of any grant award, whenever possible, for funding accessibility improvements or amenities that make the site of the project age-friendly and accessible for persons with disabilities.
(f) (I) Not later than September 1, 2022, the division of housing, created in section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort, as those terms are used in this section, based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.
(II) Notwithstanding subsection (4)(f)(I) of this section, any county or municipality may request from the division of housing:
(A) A determination that a different income restriction should apply to that county or municipality from the one made applicable to the county or municipality in accordance with subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.
(B) At any time, a reclassification of the county or municipality from the category in which the county is initially classified pursuant to subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality.
(5) Fund - administrative costs - permitted uses - gifts, grants, and donations. (a) The infrastructure and strong communities grant program fund is hereby created in the state treasury. The fund consists of any money transferred to the fund, any money that the general assembly may appropriate to the fund, and any gifts, grants, or donations that the division receives for the grant program pursuant to subsection (5)(f) of this section.
(b) The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. All money in the fund that is not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and shall not be credited, transferred, or reverted to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section.
(c) The division may only use the money in the fund for one or more of the following uses:
(I) The costs of administering the grant program as may be incurred by the division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in connection with administering the uses of grant funding described in subsection (5)(c)(II) of this section.
(II) Making grants to eligible local governments pursuant to the grant program to assist such local governments in:
(A) Identifying sustainable land use best practices and supporting sustainable development patterns;
(B) Determining where and how best to upgrade local government infrastructure to support more efficient, sustainable development patterns that enable greater affordable infill housing development; and
(C) Financing infrastructure improvements.
(d) The Colorado energy office, created in section 24-38.5-101 (1), may use money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the Colorado energy office provides pursuant to section 24-32-133 (2).
(e) The department of transportation, created in section 43-1-103 (1), may use money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the department of transportation provides pursuant to section 24-32-133 (2).
(f) The division may seek, accept, and expend gifts, grants, or donations from any public or private resource for the purposes of this section. The division shall transmit all money received from gifts, grants, or donations to the state treasurer who shall credit the money to the fund.
(6) Transfer of money to fund. On June 1, 2022, or as soon as practicable thereafter, the state treasurer shall transfer to the fund forty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund.
(7) Reporting. (a) On or before October 1, 2023, and on or before October 1 of each year thereafter for the duration of the grant program, the department shall submit a summarized report on the grant program to the senate local government committee and the house of representatives local government committee, or any successor committees. At a minimum, the report must include:
(I) The number of additional affordable housing units and overall housing units projected to be created as a result of the grant program;
(II) The projected or estimated reduction in greenhouse gas emissions as a result of the grant program;
(III) The estimated reduction in vehicle miles traveled and household transportation savings as result of the grant program; and
(IV) The number and type of best practices adopted by eligible local governments that have received grant awards.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in subsection (7)(a) of this section continues until the grant program is repealed in accordance with subsection (8) of this section.
(c) The division and any person that receives money from the division pursuant to the grant program shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(8) Repeal. This section is repealed, effective December 31, 2026.
Source: L. 2022: Entire section added, (HB 22-1304), ch. 290, p. 2079, § 5, effective June 1.
Cross references: For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022.
24-32-134. Disaster resilience rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Administrator means an entity or entities that the division contracts with pursuant to subsection (2)(b) of this section to administer the program.
(b) Declared disaster means a disaster emergency declared by the governor pursuant to section 24-33.5-704 (4) in or after 2018 that resulted in widespread or severe damage or loss of property or infrastructure as determined pursuant to policies adopted by the division pursuant to subsection (4) of this section.
(c) Eligible applicant means:
(I) A person who owns or rents a home that is the person's primary residence, including an apartment or a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (5) of this section;
(II) A person who owns rental housing, including a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(III) A business that owns real or personal property that was affected by a declared disaster or experienced an interruption or loss of business due to a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(IV) A housing authority created pursuant to part 2 or part 5 of article 4 of title 29 or a low-income housing tax credit partnership that serves an area affected by a declared disaster;
(V) A Colorado nonprofit corporation that provides construction assistance to low-income households and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section; or
(VI) A governmental entity with jurisdiction in an area affected by a declared disaster.
(d) Fund means the disaster resilience rebuilding program fund created in subsection (7) of this section.
(e) Governmental entity means any authority, county, municipality, city and county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing.
(f) Program means the disaster resilience rebuilding program created in subsection (2) of this section.
(2) (a) The division shall establish the disaster resilience rebuilding program as a loan and grant program in accordance with the requirements of this section and the policies established by the division. The program may provide loans and grants from the fund to eligible applicants seeking assistance as they rebuild their community after a declared disaster.
(b) The division may contract with or provide a grant to a governmental entity, housing authority, Colorado-based nonprofit organization, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the division to administer the program. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the program. The division may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program.
(3) A contract with an administrator may require the administrator to repay all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator.
(4) The division shall establish and publicize policies for the program. At a minimum, the policies must address:
(a) Coordination with the office of emergency management created in section 24-33.5-705 to prioritize the use of the disaster emergency fund created in section 34-33.5-706 for the allowable uses of loans and grants under the program that are not housing related;
(b) The process and any deadlines for applying for and receiving a loan or grant under the program, including the information and documentation required for the application;
(c) Eligibility criteria for applicants to the program;
(d) Maximum assistance levels for loans and grants;
(e) Loan terms, including interest rates and repayment terms;
(f) Any additional specifications or criteria for the uses of the grant or loan money allowed by subsection (5) of this section;
(g) Any reporting requirements for recipients, which must include the demographic data of each recipient aggregated by race, ethnicity, disability status, and income level;
(h) Any program fees, including any application fee or origination fee, and closing costs;
(i) Underwriting and risk management policies;
(j) Any requirements for applicants to apply for or exhaust other sources of assistance or reimbursement to be eligible for a loan or grant under the program. If the policies establish such a requirement, the policies must specify to which applicants the requirement applies, which sources must be applied for and denied or exhausted, and what documentation is necessary to establish the applicant has met the requirement.
(k) Equitable community outreach and equitable access to program information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and
(l) Any additional policies necessary to administer the program.
(5) The program may provide loans or grants or a combination of both to eligible applicants. In reviewing applications and awarding grants, the division shall give priority to eligible applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans or grants may be used to:
(a) Subsidize costs to repair or rebuild a homeowner's primary residence that are insufficiently covered by the homeowner's insurance or by loans, grants, or other assistance available from the federal emergency management agency, the federal small business administration, or other state or federal assistance programs. Costs that may be covered include, but are not limited to:
(I) Direct costs of repairs or reconstruction of a damaged or destroyed primary residence, including costs to rebuild to advanced fire and other natural hazard mitigation standards;
(II) Soft costs such as architectural and engineering costs and permitting fees associated with repairing or rebuilding a primary residence;
(III) Soil sampling and air quality monitoring;
(IV) Clearance and demolition costs, including concrete flat work removal and removal of hazardous material, including asbestos;
(V) Private road or bridge repair if necessary to access a primary residence;
(VI) Costs associated with using building and site design measures that reduce risk to natural hazards, including fire resistant building materials and landscape design;
(VII) Costs to replant climate ready trees and vegetation;
(VIII) Temporary rental assistance during relocation or rebuilding or recovery work; and
(IX) Other recovery costs not covered by other sources that will increase resilience to future disasters;
(b) Repair or reconstruct housing stock in an area that is affected by a declared disaster and is experiencing a shortage of adequate housing or has a significant number of affected households. The program may provide a grant or loan under this subsection (5)(b) to:
(I) A housing authority or low-income housing tax credit partnership to fund the replacement or repair of multi-family housing in an area affected by a declared disaster;
(II) A nonprofit corporation to provide construction assistance to low-income households in an area affected by a declared disaster;
(III) A person who owns rental housing and requires additional resources to rebuild or repair the rental housing. A loan or grant made pursuant to this subsection (5)(b)(III) must include provisions requiring the recipient to provide affordable rent for the rental housing following the repair or reconstruction and temporary rental assistance for displaced renters, as determined by the division.
(c) Provide operating capital to a business experiencing a business interruption or cover the costs of replacing or repairing the business's real property, equipment, or inventory that was lost or damaged in the disaster;
(d) Rebuild neighborhoods or portions of neighborhoods in a manner that serves as a pilot project for advanced community planning to resist the impacts of natural disasters caused by climate change or reduce actions that contribute to climate change, including but not limited to micro-grids, community battery storage, community district heating or geothermal heating systems, or wildfire resilient land use planning strategies;
(e) Reimburse a governmental entity for any unmet needs associated with a declared disaster that are not covered by public assistance from the federal emergency management agency or other state or federal assistance, including assistance provided pursuant to section 24-33.5-704 (7)(j). Unmet needs that may be covered include, but are not limited to:
(I) Rebuilding or repairing transportation infrastructure;
(II) Health and safety improvements or investments related to disaster recovery and resiliency; or
(III) Replacement of lost revenue from sales taxes, property taxes, public utility or service fees, or other revenue sources that were negatively affected by a declared disaster; or
(f) Assist eligible applicants in addressing other related unmet needs as allowed by the policies adopted by the division pursuant to subsection (4) of this section in order to recover or rebuild from a declared disaster.
(6) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(7) (a) The disaster resilience rebuilding program fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the division for the purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4).
(d) Three days after May 17, 2022, the state treasurer shall transfer fifteen million dollars from the general fund to the disaster resilience rebuilding program fund created in subsection (7)(a) of this section.
(8) The division and the department of local affairs shall collaborate with the Colorado energy office created in section 24-38.5-101 on the implementation of this section as set forth in section 24-38.5-115 (8).
(9) On or before January 1, 2024, and on or before each January 1 thereafter, the division shall submit a report summarizing the program to the house of representatives transportation and local government committee and the senate local government committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1143, § 2, effective May 17.
Cross references: For the legislative declaration in SB 22-206, see section 1 of chapter 173, Session Laws of Colorado 2022.
24-32-135. Community schoolyards grant program - creation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Capital construction and improvement grant program or construction program means the capital construction and improvement grant program created in subsection (2)(a)(II) of this section that is part of the community schoolyards grant program.
(b) Community schoolyard means a park-like environment located at an elementary or secondary school that strengthens local ecological systems, provides a wide range of hands-on learning resources, enhances health and well-being for students and community members, and fosters nature-play and social opportunities for students and community members.
(c) Community schoolyards grant program or grant program means the community schoolyards grant program created in subsection (2)(a) of this section, which consists of two grant programs: The planning and design grant program created in subsection (2)(a)(I) of this section and the capital construction and improvement grant program created in subsection (2)(a)(II) of this section.
(d) Community-use partner means a partner that enters into a community-use agreement with an eligible applicant and the partnership complies with the requirements set forth in subsection (2)(d) of this section.
(e) Eligible applicant means a local government or a school district.
(f) Grant recipient means an eligible applicant that the division selects to receive money through the grant program.
(g) Local government means a municipality, a county, special districts, and other political subdivisions and state agencies.
(h) Planning and design grant program or planning program means the planning and design grant program created in subsection (2)(a)(I) of this section that is part of the community schoolyards grant program.
(2) (a) The community schoolyards grant program is created in the division. The community schoolyards grant program is a two-part grant program that includes:
(I) The planning and design grant program, which awards up to one hundred fifty thousand dollars to each grant recipient selected by the division for the planning and design of a community schoolyard; and
(II) The capital construction and improvement grant program, which awards up to eight hundred fifty thousand dollars to each grant recipient selected by the division for the capital construction of a community schoolyard.
(b) The purpose of the community schoolyards grant program is to address inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation pursuant to article 29 of title 39, by:
(I) Making community schoolyards accessible to the broader community outside of school hours;
(II) Improving physical activity and mental health opportunities for students and community members; and
(III) Incorporating natural landscapes, natural playgrounds, and recreational spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics.
(c) For the planning program and the construction program, the division shall consider eligible applicants whose applications contain the following materials:
(I) Documentation of a community-use agreement between the eligible applicant and a community-use partner that enables the community schoolyard to serve as a community facility outside of school hours. The community-use agreement must include, at a minimum, the following:
(A) A definition of the roles and responsibilities of the eligible applicant and the community-use partner in the operation, use, safety, and maintenance of the community schoolyard;
(B) Consideration of liability issues for community use of the community schoolyard;
(C) A definition of the hours of operation for community use of the community schoolyard; and
(D) Documentation of the community use of the community schoolyard;
(II) Documentation of a partnership between the eligible applicant and a community-based organization with expertise in outdoor learning spaces or outdoor education spaces that has experience working with local education providers;
(III) Documentation of the amount of matching funds or in-kind contributions that the eligible applicant intends to provide to augment grant money received from the grant program and the anticipated amount and source of any matching funds or in-kind contributions; and
(IV) A demonstration of the need for a community schoolyard that uses a nationally recognized interactive map to help identify the top locations to build a community schoolyard.
(d) (I) A local government that is an eligible applicant must enter into a community-use agreement with a community-use partner that includes, but is not limited to, a school of a school district, a school district, a district charter school, an institute charter school, the state charter school institute, or a board of cooperative services created and operated pursuant to article 5 of title 22.
(II) A school district that is an eligible applicant must enter into a community-use agreement with a community-use partner that is a local government.
(e) The division may consult with the state board of the great outdoors Colorado trust fund established pursuant to section 6 of article XXVII of the state constitution, the outdoor equity board created in section 33-9-203, the environmental justice advisory board created in section 25-1-134 (2), and the public school capital construction assistance board created in section 22-43.7-106 regarding the grant program.
(3) (a) On or before January 15, 2026, the division shall implement a timeline for the planning program, which must include:
(I) Announcing the planning program;
(II) Accepting applications from eligible applicants and reviewing applications in a timely manner;
(III) Selecting the grant recipients;
(IV) Distributing grant money to the grant recipients; and
(V) Establishing reporting timelines and requirements for the grant recipients of the planning program. Grant recipients shall report, at a minimum, the following to the division:
(A) The amount of money received from the planning program;
(B) The number of students affected by the grant; and
(C) A description of how the grant money was spent.
(b) Grant recipients of the planning program shall develop professional plan, design, and construction documents through a community-centered participatory design process in collaboration with students, educators, and community members. The planning and design documents for the community schoolyard must include:
(I) Ecological, climate, and biodiversity goals;
(II) Education and health goals;
(III) Recreation goals;
(IV) Accessibility, safety, and licensing standards;
(V) The number of students enrolled at each school served by the grant;
(VI) The total acreage size of the school property;
(VII) The acreage size of the proposed community schoolyard;
(VIII) A concept plan drawing of the proposed community schoolyard design, which must incorporate design features that create healthy and environmentally sound spaces. Design features may include:
(A) Food and pollinator gardens;
(B) Natural playgrounds, including natural and nature-based elements, including rock gardens, sand boxes, stump logs, streams, living plants, and other features that are integrated with the outdoor landscape and vegetation;
(C) Stormwater management;
(D) Traditional playground equipment;
(E) Climate-appropriate non-invasive plants and vegetation;
(F) Walking trails;
(G) Shade trees;
(H) Outdoor classrooms with chalkboards, tables, sinks, and large sitting areas for teachers to lead outdoor lessons; or
(I) Calm spaces for children;
(IX) Identification of community partners, including nonprofit organizations or design professionals that have expertise in outdoor learning spaces or outdoor education spaces; and
(X) A plan for the long-term maintenance of the community schoolyard.
(c) The community-based organization described in subsection (2)(c)(II) of this section is encouraged to provide technical assistance to the grant recipient to help facilitate the community-centered participatory design process to plan and design park-like spaces, outdoor learning spaces, or outdoor education spaces with students, educators, and community members, as described in subsection (3)(b) of this section.
(4) (a) On or before January 15, 2026, the division shall implement a timeline for the construction program, which must include:
(I) Announcing the construction program;
(II) Accepting applications from eligible applicants;
(III) Selecting the grant recipients;
(IV) Distributing grant money to the grant recipients; and
(V) Establishing reporting timelines and requirements for the grant recipients of the construction program. Grant recipients must report, at a minimum, the following to the division:
(A) The number of students affected by the grant;
(B) A description of how the grant money was spent; and
(C) The establishment of a community-use agreement, as described in subsection (2)(c)(I) of this section, for community access and use of the community schoolyard outside of school hours.
(b) If the proposed community schoolyard construction project exceeds one million dollars, the grant recipient must have a minimum of twenty-five percent of the total construction budget available as matching funds at the time of the grant award. The total construction budget may include in-kind contributions.
(c) Eligible applicants who did not apply to the planning program may apply to the construction program and must submit the professional plan, design, and construction documents described in subsection (3)(b) of this section to the division during the construction program application period described in subsection (4)(a)(II) of this section. Eligible applicants must provide evidence that the professional plan, design, and construction documents were created through a community-centered participatory design process in collaboration with students, educators, and community members. The eligible applicant must provide documentation of a community-use agreement with a community-use partner.
(5) On or before January 15, 2028, the division shall compile a report summarizing the grant recipient reports from the planning program received pursuant to subsection (3)(a)(V) of this section and the construction program pursuant to subsection (4)(a)(V) of this section. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees.
(6) The division may adopt rules to carry out the purposes of this section.
(7) (a) For the 2025-26 fiscal year, the department of local affairs shall use two million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.
(b) For the 2026-27 fiscal year, the department of local affairs shall use two million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.
(c) Of the total funds described in subsections (7)(a) and (7)(b) of this section, the division may use up to five percent of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program.
(8) This section is repealed, effective January 1, 2030.
Source: L. 2025: Entire section added, (HB 25-1061), ch. 435, p. 2511, § 1, effective August 6.
PART 2
DIVISION OF PLANNING
Editor's note: This part 2 was numbered as article 36 of chapter 106, C.R.S. 1963. The substantive provisions of this part 2 were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
Cross references: For the Planned Unit Development Act of 1972, see article 67 of this title.
24-32-201. Legislative declaration. (Repealed)
Source: L. 71: R&RE, p. 1059, § 2. C.R.S. 1963: § 106-3-1. L. 81: Entire section repealed, p. 1168, § 4, effective July 1.
24-32-201.5. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Executive director means the executive director of the department of local affairs.
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2061, § 141, effective August 6.
24-32-202. Division of planning - creation - director duties. (1) There is hereby created within the department of local affairs a division of planning, the head of which shall be the director of the division of planning, which office is hereby created. The director shall be appointed by the executive director, subject to the provisions of section 13 of article XII of the state constitution, and such director shall be qualified by training or experience in planning and capital programming. The director shall appoint the necessary staff of his division in accordance with the provisions of section 13 of article XII of the state constitution.
(2) The division of planning and the office of the director of the division of planning are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by this part 2 under the department of local affairs and the executive director thereof.
(3) The director of the division of planning shall:
(a) Exchange reports and data which relate to local and regional planning with other departments, institutions, and agencies of the state and on a mutually agreed basis with towns, cities, cities and counties, counties, and other local agencies and instrumentalities;
(b) Attend and participate in meetings of county, municipal, or regional planning bodies, interstate agencies, and other planning conferences;
(c) Advise the governor and the general assembly on matters of local and regional planning, and consult with other offices of state government with respect to matters of local and regional planning affecting the duties of their offices; and, upon request of any town, city, city and county, county, regional area, or group of adjacent communities having common or related planning problems, recommend to the governor and the general assembly any proposals for legislation affecting local or regional planning; but nothing in this part 2 shall be construed to grant any authority to the division of planning or to the director thereof over the planning responsibilities of local government; and
(d) Exercise all other powers necessary and proper for the discharge of his duties and the carrying out of the intent of this part 2, including the coordination of the provisions of part 1 of article 28 of title 30, C.R.S.
Source: L. 71: R&RE, p. 1059, § 2. C.R.S. 1963: § 106-3-2. L. 81: (3)(a) and (3)(c) amended, p. 1167, § 1, effective July 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3413, § 175, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2061, § 142, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-203. Duties of the division of planning. (1) The division of planning shall:
(a) Provide planning assistance upon request to any town, city, city and county, county, regional area, or group of adjacent communities having common or related planning problems; and, whenever such assistance includes the rendering of technical services, such services may be rendered without charge or, upon advance agreement, shall be rendered with reimbursement;
(b) Provide information to and cooperate with the general assembly or its committees concerned with studies relevant to local and regional planning;
(c) Supply to the public and to officials of state departments and local agencies available information on local and regional planning problems and community development;
(d) Accept and receive grants and services relevant to local and regional planning from the federal government, other state agencies, local governments, and private and civic sources.
Source: L. 71: R&RE, p. 1059, § 2. C.R.S. 1963: § 106-3-3. L. 81: Entire section R&RE, p. 1167, § 2, effective July 1.
Cross references: For county planning, see article 28 of title 30; for municipal planning, see article 23 of title 31.
24-32-204. Population statistics, estimates, and projections. (1) The division of planning is hereby designated as the primary state agency of demographic information. Said office shall prepare, maintain, and interpret such population statistics, estimates, and projections as the director of the division of planning shall direct, including distributions of the state's population by significant groupings, such as school- and college-age populations, political subdivision populations, and racial and ethnic populations.
(2) Other agencies of the state government may prepare and maintain any such information but only as authorized by the director of the division of planning.
(3) The division of planning shall cooperate with and give assistance to other agencies and organizations, both public and private, in the preparation, maintenance, and interpretation of demographic information.
(4) The director of the division of planning shall annually invite other agencies and organizations, both public and private, that engage in demographic studies to review the basic demographic assumptions and premises of the division of planning to the end that its statistics, estimates, and projections will be as accurate as possible.
Source: L. 71: R&RE, p. 1060, § 2. C.R.S. 1963: § 106-3-4.
24-32-205. Assistance to local planning agencies. The division of planning may upon request render financial or other planning assistance to county, municipal, or regional planning agencies or commissions in accordance with federal programs or state statutes as may from time to time be in effect.
Source: L. 71: R&RE, p. 1060, § 2. C.R.S. 1963: § 106-3-5.
Cross references: For county planning, see article 28 of title 30; for municipal planning, see article 23 of title 31.
24-32-206. Executive director - final authority. (Repealed)
Source: L. 71: R&RE, p. 1061, § 2. C.R.S. 1963: § 106-3-6. L. 81: Entire section repealed, p. 1168, § 4, effective July 1.
24-32-207. Reference in contracts, documents. Whenever the state planning office is referred to or designated by any contract or other document in connection with the duties and functions transferred by this part 2 to the division of planning, such reference or designation shall be deemed to apply to the division of planning.
Source: L. 71: R&RE, p. 1061, § 2. C.R.S. 1963: § 106-3-7. L. 2006: Entire section amended, p. 143, § 13, effective August 7.
PART 3
DIVISION OF COMMERCE AND DEVELOPMENT
24-32-300.3. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Division means the division of commerce and development created in section 24-32-301.
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2061, § 143, effective August 6.
24-32-301. Division of commerce and development - creation - director - assistants. There is created a division in the department of local affairs to be known as the division of commerce and development. The executive director of the department shall appoint a director of the division. The director shall appoint assistants and clerical employees as necessary to effectively administer this part 3. The director, assistants, and employees are appointed pursuant to section 13 of article XII of the state constitution. The division and the office of the director are type 2 entities, as defined in section 24-1-105.
Source: L. 63: p. 142, § 1. C.R.S. 1963: § 3-18-1. L. 68: p. 133, § 152. L. 2022: Entire section amended, (SB 22-162), ch. 469, p. 3414, § 176, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2061, § 144, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-302. Purpose. It is the purpose of this division to plan and promote the economic development of the state and particularly those rural and lesser populated areas of the state which desire to encourage such development, as well as neighborhoods with chronic unemployment; to stimulate the growth and prosperity of commerce, agriculture, industry, labor, and the professions within such areas of the state; to advertise and publicize the state of Colorado; and to coordinate the efforts of private and governmental agencies engaged in similar activities within the state.
Source: L. 63: p. 142, § 2. C.R.S. 1963: § 3-18-2. L. 72: p. 139, § 1.
24-32-303. Authority and responsibility of the director. (1) In furtherance of the policy expressed in section 24-32-302, the director, acting under the authority of the governor, has the following powers:
(a) Creation, within the appropriations and allocations given by the general assembly or the governor, of such subdivisions and positions within the division as the director may deem necessary to fulfill his responsibilities;
(b) Contracting, in accordance with existing law, for those services and materials required by the activities of the division;
(c) Promulgation of such rules and regulations as may be necessary to effectuate the purposes of the division;
(d) Expenditure of state funds, within the appropriations, allocations, and directives of the general assembly or the governor, for the encouragement and stimulation of local planning, promotion, and development activities;
(e) Any other authority, consistent with the purposes for which the division was created, which is reasonably necessary for the fulfillment of the assigned responsibilities.
(2) In furtherance of the policy expressed in section 24-32-302, the director has the following responsibilities:
(a) Development, promotion, and coordination of long-range plans for the economic development of the state;
(b) Stimulation and guidance of area redevelopment plans in those areas of the state with declining economies;
(c) Development and expansion of foreign and domestic markets for Colorado products;
(d) Conduct of a program to achieve a balance between commerce, industry, agriculture, professions, and the labor market in order to provide employment and economic well-being for all the people of Colorado, with particular emphasis on those rural and lesser populated areas of the state which desire to receive such assistance;
(e) and (f) Repealed.
(g) Conduct of a state economic research and information center for the use of state and local governmental agencies, private industry, labor, the professions, and other groups, both in and out of the state, interested in the economy of the state;
(h) Coordination and stimulation of and assistance to the efforts of governmental and private agencies engaged in the planning and development of a balanced economy for Colorado;
(i) Cooperation with the federal government and the other state governments to encourage such joint planning, agreements, and compacts as would serve the purposes of the division;
(j) Acceptance and administration of federal grant-in-aid funds and state trust funds devoted to state development and promotional activities;
(k) Representation of the governor in matters pertaining to the economic development of the state.
Source: L. 63: p. 143, § 3. C.R.S. 1963: § 3-18-3. L. 67: p. 468, § 12. L. 72: pp. 139, 140, §§ 2, 3. L. 83: (2)(e) and (2)(f) repealed, p. 917, § 4, effective July 1.
Cross references: For the duty of the division of commerce and development with respect to the Colorado customized training program, see § 23-60-306.
24-32-304. Advisory committee - responsibilities - sunset review. (Repealed)
Source: L. 63: p. 144, § 4. C.R.S. 1963: § 3-18-4. L. 86: (3) added, p. 416, § 29, effective March 26. L. 87: (1) amended, p. 909, § 19, effective June 15. L. 91: (3)(a) amended, p. 696, § 13, effective April 20; entire section repealed, p. 883, § 1, effective June 5.
24-32-305. Offices of division - expenses and salaries - reports and publications. (1) The division shall be provided with space in the state capitol or other state buildings suitable for the performance of its duties. The offices of the division shall be open during the hours prevailing in other offices in the state capitol.
(2) Vouchers covering salaries and expenses of the division shall be signed by the director, and warrants shall be drawn by the controller in payment thereof as provided by law.
(3) (a) The director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the division.
(b) Publications of the division circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
Source: L. 63: p. 145, § 5. C.R.S. 1963: § 3-18-5. L. 64: p. 121, § 19. L. 83: (3) amended, p. 835, § 45, effective July 1. L. 91: (3)(a) amended, p. 891, § 18, effective June 5. L. 2000: (3)(a) amended, p. 1547, § 10, effective August 2.
24-32-306. Matching funds - gifts - bequests. The director, with the approval of the governor, is empowered to receive and expend all funds, grants, gifts, and bequests, including federal and state funds and other funds available for the purposes for which the division was created, and to contract with the United States and all other legal entities with respect thereto, including legally constituted regional, county, metropolitan, and municipal planning commissions or districts. The division may provide, within the limitations of its budget, matching funds wherever funds, grants, gifts, bequests, and contractual assistance are available on such basis. The division shall provide such information, reports, and services as may be necessary to secure such financial aid.
Source: L. 63: p. 145, § 6. C.R.S. 1963: § 3-18-6.
24-32-307. Reference in contracts, documents. Whenever the state advertising and publicity committee or the division of planning is referred to or designated by any contract or other document in connection with the duties and functions transferred by this part 3 to the division, such reference or designation shall be deemed to apply to the division.
Source: L. 63: p. 146, § 8. C.R.S. 1963: § 3-18-7.
24-32-308. Motion picture and television advisory commission abolished - reestablished. (Repealed)
Source: L. 69: p. 92, § 1. C.R.S. 1963: § 3-18-17. L. 71: p. 110, § 1. L. 72: p. 545, § 1. L. 73: p. 180, § 1. L. 82: (1) amended, p. 354, § 11, effective April 30. L. 86: (3) added, p. 416, § 30, effective March 26; entire section R&RE, p. 903, § 1, effective May 16. L. 91: (4) added, p. 696, § 14, effective April 20. L. 94: (4) repealed, p. 630, § 4, effective April 14. L. 2000: Entire section repealed, p. 1682, § 10, effective July 1.
Editor's note: This section was relocated to § 24-48.5-103.
24-32-309. Functions of commission - legislative declaration. (Repealed)
Source: L. 69: p. 92, § 2. C.R.S. 1963: § 3-18-18. L. 86: Entire section R&RE, p. 904, § 2, effective May 16. L. 92: (1)(b) amended, p. 561, § 5, effective March 25. L. 2000: Entire section repealed, p. 1682, § 10, effective July 1; (1)(c) repealed, p. 1548, § 11, effective August 2.
Editor's note: This section was relocated to § 24-48.5-104.
24-32-310. Tourism information and promotion program. (Repealed)
Source: L. 79: Entire section added, p. 895, § 1, effective June 22. L. 83: Entire section repealed, p. 917, § 4, effective July 1.
Cross references: For current provisions relating to the promotion of tourism, see article 49.7 of this title.
24-32-311. Foreign trade office within division. (Repealed)
Source: L. 83: Entire section added, p. 899, § 1, effective June 14. L. 85: (5) repealed and (6) added, p. 791, §§ 1, 3, effective March 14. L. 87: Entire section repealed, p. 1031, § 2, effective July 2.
Cross references: For current provisions relating to the Colorado international trade office, which replaced the foreign trade office, see article 47 of this title.
PART 4
COLORADO BUREAU OF INVESTIGATION
24-32-401 to 24-32-423. (Repealed)
Editor's note: (1) This part 4 was numbered as article 24 of chapter 3, C.R.S. 1963. For amendments to this part 4 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.
(2) Section 24-32-423 provided for the repeal of this part 4, effective July 1, 1984. (See L. 83, p. 971.)
Cross references: For the transfer of the powers, duties, and functions of the Colorado bureau of investigation from the department of local affairs to the department of public safety on July 1, 1984, see § 24-1-128.6; for the substantive provisions relating to the Colorado bureau of investigation, see part 4 of article 33.5 of this title.
PART 5
DIVISION OF CRIMINAL JUSTICE
24-32-501 to 24-32-509. (Repealed)
Editor's note: (1) This part 5 was numbered as article 33 of chapter 3, C.R.S. 1963. For amendments to this part 5 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.
(2) Section 24-32-509 provided for the repeal of this part 5, effective July 1, 1984. (See L. 83, p. 971.)
Cross references: For the transfer of the powers, duties, and functions of the division of criminal justice from the department of local affairs to the department of public safety on July 1, 1984, see § 24-1-128.6; for the substantive provisions relating to the division of criminal justice, see part 5 of article 33.5 of this title.
PART 6
LAW ENFORCEMENT TRAINING ACADEMY AND
PEACE OFFICERS' STANDARDS AND TRAINING
24-32-601 to 24-32-613. (Repealed)
Editor's note: (1) This part 6 was numbered as article 23 of chapter 124, C.R.S. 1963. For amendments to this part 6 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.
(2) Section 24-32-613 provided for the repeal of this part 6, effective July 1, 1984. (See L. 83, p. 971.)
Cross references: For the transfer of the powers, duties, and functions of the Colorado law enforcement training academy from the department of local affairs to the department of public safety on July 1, 1984, see § 24-1-128.6; for the substantive provisions relating to the Colorado law enforcement training academy, see part 3 of article 33.5 of this title.
PART 7
DIVISION OF HOUSING - COLORADO HOUSING ACT OF 1970
24-32-701. Short title. This part 7 shall be known and may be cited as the Colorado Housing Act of 1970.
Source: L. 70: p. 239, § 1. C.R.S. 1963: § 69-9-1.
24-32-702. Legislative declaration. (1) It is hereby declared that there exists in this state a need for additional adequate, safe, sanitary, and energy-efficient new and rehabilitated dwelling units; that a need exists for assistance to families in securing new or rehabilitated rental housing; and that, unless the supply of housing units is increased, a large number of residents of this state will be compelled to live under unsanitary, overcrowded, and unsafe conditions to the detriment of their health, welfare, and well-being and to that of the communities of which they are a part. It is further declared that coordination and cooperation among private enterprise and state and local government are essential to the provision of adequate housing, and to that end it is desirable to create a division of housing within the department of local affairs. The general assembly further declares that the enactment of these provisions as set forth in this part 7 are for the public and statewide interest.
(2) The general assembly further finds that, in an effort to meet the housing needs within the state, the private housing and construction industry has developed mass production techniques which can substantially reduce housing construction costs and that the mass production of housing, consisting primarily of factory manufacture of dwelling units, presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The general assembly further finds that by minimizing the problems of standards and inspection procedures it is demonstrating its intention to encourage the reduction of housing construction costs and to make housing and home ownership more feasible for all residents of the state.
(3) The general assembly further finds that, in an effort to meet the housing needs within the state through the use of manufactured housing units, it is necessary to require state supervision of compliance with government-approved codes of manufacture, such as the uniform building code and the federal regulations governing manufactured housing units. It is the intent of the general assembly that such supervision be accomplished primarily through the use of private inspection and certification entities to the extent allowed by the state constitution, the State Personnel System Act, article 50 of this title, and the rules promulgated by the state personnel board.
(4) The general assembly further finds and declares that:
(a) Publicly-assisted rental housing that is affordable to low- and moderate-income persons should be preserved; and
(b) The division of housing should encourage property owners to notify the division when affordable housing units will be lost as housing for low- or moderate-income persons, so that the division may explore options for preserving the affordable housing resources.
Source: L. 70: p. 239, § 1. C.R.S. 1963: § 69-9-2. L. 71: p. 668, § 1. L. 80: (1) amended, p. 595, § 1, effective May 1. L. 99: (3) added, p. 439, § 1, effective August 4. L. 2002: (4) added, p. 413, § 1, effective August 7.
24-32-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Repealed.
(1.2) Board means the state housing board created by this part 7.
(1.4) to (1.8) Repealed.
(2) Division means the division of housing created by this part 7.
(3) to (4) Repealed.
(4.5) Fort Lyon property means the real property described in the quitclaim deed of September 12, 2002, that the federal secretary of veterans affairs conveyed to the state of Colorado for the purpose of operating a correctional facility.
(5) Local government means the government of a town, city, county, or city and county.
(6) to (7) Repealed.
(7.5) Ridge View campus means the real property formerly known as the Lowry bombing range that was redeveloped by the state in 2001 and that housed the Ridge View Youth Services Center until 2021.
(8) State agency means any board, bureau, commission, department, institution, division, section, office, or officer of the state, except those in the legislative branch or judicial branch and except state educational institutions administered pursuant to title 23, excluding part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23.
Source: L. 70: p. 239, § 1. C.R.S. 1963: § 69-9-3. L. 71: p. 669, § 2. L. 73: p. 236, § 13. L. 75: (1.4), (1.6), (1.8), (3.2), (3.4), (3.8), (6.1), (6.3), (6.4), (6.5), (6.7), and (6.9) added, p. 806, § 1, effective July 1; (3) amended, p. 1466, § 8, effective July 18. L. 90: (6.1) amended and (6.2) added, p. 1201, § 1, effective April 5. L. 99: (1) amended and (1.2), (3.1), (6.6), and (6.8) added, p. 439, § 2, effective August 4. L. 2003: (1), (1.4), (1.6), (1.8), (3), (3.1), (3.2), (3.4), (3.8), (4), (6), (6.1), (6.2), (6.3), (6.4), (6.5), (6.6), (6.7), (6.8), (6.9), and (7) repealed, p. 532, § 1, effective March 5. L. 2011: (8) added, (HB 11-1230), ch. 170, p. 585, § 1, effective July 1. L. 2012: (8) amended, (SB 12-158), ch. 151, p. 541, § 1, effective May 3; (8) amended, (HB 12-1283), ch. 240, p. 1133, § 45, effective July 1. L. 2016: (4.5) added, (HB 16-1411), ch. 154, p. 477, § 2, effective May 4. L. 2021: (8) amended, (HB 21-1264), ch. 308, p. 1877, § 17, effective June 23. L. 2022: (7.5) added, (SB 22-211), ch. 288, p. 2059, § 1, effective May 31.
Editor's note: Amendments to subsection (8) by House Bill 12-1283 and Senate Bill 12-158 were harmonized.
Cross references: For the legislative declaration in the 2012 act amending subsection (8), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 16-1411, see section 1 of chapter 154, Session Laws of Colorado 2016. For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.
24-32-704. Division of housing - director. (1) There is hereby created within the department of local affairs a division of housing. The division shall be headed by the state director of housing appointed by the executive director of the department of local affairs in accordance with section 13 of article XII of the state constitution.
(2) The division of housing is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this part 7 under the department of local affairs.
Source: L. 70: p. 240, § 1. C.R.S. 1963: § 69-9-4. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3414, § 177, effective August 10. L. 2025: (1) amended, (SB 25-300), ch. 428, p. 2449, § 32, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-705. Functions of division. (1) The division has the following functions:
(a) To encourage private enterprise and all public and private agencies engaged in the planning, construction, and acquisition of adequate housing or the rehabilitation or weatherization of existing housing in Colorado by providing research, advisory, and liaison services and rehabilitation, construction, acquisition, and weatherization grants and loans from appropriations made for this purpose by the general assembly. For the purposes of this subsection (1)(a), weatherization means the provision and installation of materials and devices that improve the thermal performance of a residence so as to conserve energy and reduce energy costs and includes those structural, heating, electrical, and plumbing repairs and improvements that are necessary to safely and effectively improve thermal performance. All such grants and loans to public and private agencies must be at least equally matched from a nonstate source unless sufficient local sources are not available because of other essential public functions and must be for providing energy-efficient housing to low- and moderate-income households. These grants or loans shall not be used for administration, which must be funded within the administrative budget of the division.
(b) To assist local communities in the development and operation of local housing authorities;
(c) To encourage and promote cooperation among counties and municipalities to jointly establish and operate housing authorities;
(d) Repealed.
(e) To conduct continuing research into new approaches to housing throughout the state including, but not limited to, the following:
(I) to (III) Repealed.
(IV) Transit-oriented development that includes increased housing density near employment, education, and town centers; and
(V) Advanced energy performance standards that minimize the total building operational costs during the affordability period as determined by the division;
(f) To investigate living, dwelling, and housing conditions in the state and the means and methods of correcting unsafe, unsanitary, or substandard conditions;
(g) To enter upon buildings or property in order to conduct investigations or to make surveys or soundings. In the event the division is unable to obtain permission for such entry, the director may petition the district court in which the property is located for an order authorizing such entry. Upon a finding by the court that the order requested is reasonably necessary to carry out the intent of this part 7, the order shall be granted.
(h) To make available to responsible agencies, boards, commissions, or other governmental agencies its findings and recommendations with regard to any building or property where conditions exist which are unsafe, unsanitary, or substandard;
(i) To accept and receive grants and services from the federal government and other sources and to process such grants and services for other public and private nonprofit agencies and corporations;
(j) To enforce the provisions of part 9 of this article and the rules and regulations adopted pursuant thereto;
(k) To provide training and technical assistance to counties and municipalities which have building codes in the development of energy efficiency construction and renovation performance standards by such local governments;
(l) and (m) Repealed.
(n) Pursuant to section 24-32-717, to administer loans to local governments, local housing authorities, and public and private corporations;
(o) Repealed.
(p) Pursuant to section 24-32-718, to maintain a database of affordable housing units to be lost as affordable housing;
(q) to (s) Repealed.
(t) To serve as the sole state agency for the purpose of administering and distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities and assist such persons in obtaining housing, including, without limitation, rental assistance;
(u) To enforce the provisions of the Mobile Home Park Act created in part 2 of article 12 of title 38 and the Mobile Home Park Act Dispute Resolution and Enforcement Program created in part 11 of article 12 of title 38, and the rules and regulations adopted pursuant to section 38-12-1104 (2)(j).
(v) To collaborate with other state agencies to develop incentives that support:
(I) Local development near transit corridors;
(II) Increased housing density development within employment, education, and town centers; and
(III) Energy performance standards that minimize total building costs during the affordability period, as determined by the division.
(w) To prepare an annual public report on funding of affordable housing preservation and production in accordance with section 24-32-705.5 and to satisfy other requirements in section 24-32-705.5 pertaining to the preparation and dissemination of the report. In its presentation to the joint committees of reference pursuant to section 2-7-203, the department shall summarize the information contained in the report concerning affordable housing funding administered by the division since the department's prior presentation.
(x) To optimize the outcomes of a particular program or particular use to the benefit of households served in a manner that optimizes the socioeconomic and housing stability outcomes of households served; optimizes the financial sustainability of an affordable housing project or program; optimizes the creation, operation, and affordability length of affordable housing stock created; optimizes the preservation of naturally occurring and subsidized affordable housing; considers the impact of award terms on the financial stability of the organizations delivering development projects and resident services; leverages or is leveraged by other available sources of money; addresses housing needs throughout the state; and serves populations with the greatest unmet need.
(2) The division, through the director thereof, shall serve in an advisory capacity to the state housing and finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information on the housing facility needs of low- and moderate-income families in the state of Colorado.
(3) and (4) Repealed.
(5) The division shall collaborate with other state agencies in connection with the disposition of state-owned assets to be used for low- and moderate-income housing.
(6) (a) The division shall maintain the confidentiality of all names, addresses, and personal identifying information of applicants, recipients, and former recipients of housing assistance, which forms of housing assistance include without limitation housing vouchers, emergency housing assistance, and homeless services.
(b) Notwithstanding any provision of this subsection (6), the division may publish or provide aggregate or de-identified data concerning applicants, recipients, and former recipients of housing assistance to third parties and other governmental entities, and may enter into data-sharing agreements authorizing the transfer of names, addresses, and personal identifying information of applicants, recipients, and former recipients of such housing assistance.
(c) Any third party or governmental entity that receives names, addresses, and personal identifying information of applicants, recipients, and former recipients of housing assistance in accordance with this subsection (6) from the division pursuant to a data-sharing agreement shall maintain the confidentiality of all names, addresses, and personal identifying information obtained from such agreements.
(d) As used in this subsection (6), governmental entity and personal identifying information have the same meanings as specified in section 24-73-101 (4).
(7) The division shall administer:
(a) Affordable housing guided toolkit and local officials guide program in accordance with section 24-32-721.7;
(b) The transformational affordable housing revolving loan fund program created in section 24-32-731 (2)(a), unless the division elects to contract out full or partial administration of the loan program pursuant to section 24-32-731 (2)(b);
(c) Local investments in the transformational affordable housing grant program created in section 24-32-729 (2)(a);
(d) The connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program created in section 24-32-732;
(e) The child care facility development toolkit and technical assistance program created in section 24-32-3802 (2);
(f) The child care facility development planning grant program created in section 24-32-3803 (2)(a); and
(g) The child care facility development capital grant program created in section 24-32-3804 (2)(a).
Source: L. 70: p. 240, § 1. C.R.S. 1963: § 69-9-5. L. 73: p. 815, § 2. L. 74: (1)(b) and (1)(j) amended, p. 283, § 1, effective April 19. L. 75: (1)(j) added, p. 813, § 2, effective July 1; (1)(a) amended, p. 215, § 46, effective July 16. L. 76: (1)(a) amended, p. 612, § 1, effective May 10. L. 77: (1)(k) added, p. 356, § 2, effective July 1. L. 79: (1)(l) and (1)(m) added, p. 322, § 5, effective July 1. L. 80: (1)(a) amended and (3) added, p. 595, § 2, effective May 1. L. 82: (1) amended, p. 369, § 2, effective April 30. L. 99: (1)(d) amended and (1)(o) added, p. 440, § 3, effective August 4. L. 2000: (3) repealed, p. 1548, § 12, effective August 2. L. 2002: (1)(p) added, p. 413, § 2, effective August 7. L. 2003: (1)(d), (1)(e)(I), (1)(e)(II), and (1)(o) repealed, p. 532, § 1, effective March 5. L. 2009: (1)(r) added, (HB 09-1276), ch. 404, p. 2220, § 1, effective June 2; (1)(q) added, (HB 09-1197), ch. 101, p. 374, § 1, effective August 5. L. 2010: (1)(s) added, (HB 10-1240), ch. 200, p. 872, § 3, effective May 5. L. 2011: (1)(t) added, (HB 11-1230), ch. 170, p. 585, § 2, effective July 1. L. 2012: (1)(t) amended, (SB 12-158), ch. 151, p. 541, § 2, effective May 3. L. 2016: (1)(r) and (1)(s) repealed, (SB 16-189), ch. 210, p. 766, § 46, effective June 6. L. 2019: (1)(u) added, (HB 19-1309), ch. 281, p. 2627, § 2, effective May 23; (1)(a) and (1)(n) amended, (HB 19-1322), ch. 201, p. 2168, § 2, effective August 2; (4) added, (HB 19-1319), ch. 200, p. 2164, § 3, effective September 1. L. 2021: (7) added, (HB 21-1271), ch. 356, p. 2323, § 4, effective June 27; (1)(a) amended, (1)(e)(III), (1)(l), and (1)(m) repealed, and (1)(e)(IV), (1)(e)(V), (1)(v), (5), and (6) added, (HB 21-1009), ch. 121, p. 462, § 1, effective September 7; (1)(w) added, (HB 21-1028), ch. 396, p. 2634, § 2, effective September 7. L. 2022: (7) amended, (SB 22-159), ch. 230, p. 1705, § 3, effective May 26; (7) amended, (HB 22-1377), ch. 285, p. 2045, § 3, effective May 31; (7) amended, (HB 22-1304), ch. 290, p. 2078, § 3, effective June 1. L. 2024: (1)(x) added, (HB 24-1308), ch. 295, p. 2008, § 2, effective August 7; (4) repealed, (SB 24-178), ch. 108, p. 336, § 2, effective August 7; (7)(c) amended and (7)(e), (7)(f), and (7)(g) added, (HB 24-1237), ch. 279, p. 1848, § 2, effective August 7.
Editor's note: (1) Subsection (1)(r) was lettered as (1)(q) in House Bill 09-1276 but has been relettered on revision for ease of location.
(2) Subsection (1)(q)(II) provided for the repeal of subsection (1)(q), effective January 1, 2015. (See L. 2009, p. 374.)
(3) Amendments to subsection (7) by SB 22-159, HB 22-1304, and HB 22-1377 were harmonized.
Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.
24-32-705.5. Annual public report on funding of affordable housing preservation and production - definitions - repeal. (1) Commencing in 2021 and every year thereafter, as part of the department's presentation to its joint committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, in accordance with this section, the division shall prepare a public report that specifies the total amount of money that:
(a) The division or the board was appropriated, awarded, allocated, or transferred from any federal, state, other public, or any private source during the prior fiscal year that may be used for the preservation or production of emergency or affordable housing;
(b) The division or the board has awarded from any federal, state, other public, or any private source during the prior fiscal year in the form of a grant, contract, or loan to promote the preservation or production of emergency or affordable housing;
(c) The division expended during the prior fiscal year on administrative costs associated with each funding source identified in subsection (1)(a) of this section and the number of full-time employees supported by the funding source identified; and
(d) The division uses of existing state and federal funds to provide the best use of subsidies to maximize unit production including developments in high-need, difficult-to-develop areas, and confirmation of rules and practices that ensure developments are not disqualified from further support from the division or the office of economic development based on prior receipt of money pursuant to article 32 of title 29.
(1.3) For the public report required pursuant to subsection (1) of this section, for 2025 and each year thereafter, the division shall include the following information concerning any affordable housing program administered by the division in the year preceding the year in which the public report is presented:
(a) The number of applications, by program, submitted to the division;
(b) The number of applications approved by the division, by program;
(c) The number of applications denied by the division, by program;
(d) The aggregate amount of money awarded for all approved applications;
(e) The aggregate amount of money applied for but not awarded for all denied applications, by program; and
(f) The number of applications, by program, pending review and the aggregate amount of money applied for in all pending applications at the time of the public report.
(1.5) (a) For the public report required pursuant to subsection (1) of this section, for 2025 and each year thereafter, the division shall include the following information concerning the fund:
(I) The total amount of revenue in the fund and an identification of each source of all revenue in the fund categorized by the amount of revenue that is attributable to each source;
(II) The total amount of money in the fund;
(III) The aggregate amount of money in the fund encumbered by an award letter and the aggregate amount of money in the fund encumbered by an executed contract for grants from the fund;
(IV) The aggregate amount of money in the fund encumbered in the year prior to the year in which the public report is prepared that was unencumbered in any year prior to the reporting year;
(V) The amount of unencumbered money in the fund at the time the public report is prepared;
(VI) The amount of money transferred from the fund to any other fund in the year prior to the year in which the public report is prepared and an identification of the funds to which money from the fund was transferred;
(VII) The number of contracts drafted and executed for loans or grants from the fund and the number of days it took to execute each contract. If the average number of days to execute contracts included in the report is more than ninety days, the division shall include an explanation regarding this average and a plan to reduce the average to ninety days or less.
(VIII) The average number of days to produce preliminary versions of contracts after money in the fund is awarded to recipients. If the average number of days to produce preliminary versions of contracts included in the report is more than thirty days, the division shall include an explanation regarding this average and a plan to reduce the average to thirty days or less.
(IX) The average number of days for recipients to receive signed contracts after the contracts are approved and terms are finalized by the division and the recipient. If the average number of days for recipients to receive signed contracts after the contracts are approved and terms are finalized is more than ten days, the division shall include an explanation regarding this average and a plan to reduce the average to ten days or less.
(b) As used in this subsection (1.5), unless the context otherwise requires, fund means the housing development grant fund created in section 24-32-721 (1).
(2) With respect to any funding award made by the division or the board to promote the preservation or production of emergency or affordable housing in the form of a grant or loan, the report must identify the:
(a) Applicant for the award;
(b) Name of the project being funded by the award;
(c) Source of the award funding for the project;
(d) Amount of award funding that was requested for the project identified at the time the final application was submitted;
(e) Amount of funding awarded through the grant or loan;
(f) Total cost of the entire project being funded by the award;
(g) Municipality and county in which the project being funded by the award is located;
(h) Type of housing solution being funded by the award, such as homeownership, rental, emergency, or affordable housing;
(i) Purpose of the award, such as new construction of housing, preservation of existing housing, down payment assistance, land acquisition, or repairs of owner-occupied housing; and
(j) Number of housing units built, acquired, rehabilitated, or preserved by the award.
(3) Each report must also provide a summary describing the source and amount of all funding appropriated, re-appropriated, transferred, or otherwise made available to the division of housing that may be used for the preservation or production of emergency or affordable housing.
(3.3) For the public report required by subsection (1) of this section, the division must include, on an annual basis, the information required to be included in accordance with section 24-32-731 (10).
(3.5) For the public report required by subsection (1) of this section, the division shall include in the report for each year of the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program's operation, the information required pursuant to section 24-32-732.
(3.7) (a) For the public report required by subsection (1) of this section that the division is required to prepare in 2023 and 2024, the division shall include in the report for each year the information required to be included in the report in accordance with section 23-32-729 (5).
(b) This subsection (3.7) is repealed, effective July 1, 2026.
(4) The division shall post the most recent version of the annual public report it has prepared as required under subsection (1) of this section in a prominent place on the division's website. In addition, on an annual basis, the division shall deliver a copy of the most recent version of the report to the board as well as to the joint committees of reference for purposes of the hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and transparent (SMART) Government Act.
(5) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report required by subsection (1) of this section continues indefinitely.
(6) As used in this section,affordable housing means any current or prospective structure that has benefitted from, or that may benefit from, the award of a place-based grant or loan by the division. For purposes of this section, affordable housing includes permanent residences, such as rental or for-sale housing inhabited by low-, moderate-, and middle- income households, as well as temporary and emergency housing such as transitional housing and shelters and households that will benefit from down payment assistance.
Source: L. 2021: Entire section added, (HB 21-1028), ch. 396, p. 2632, § 1, effective September 7. L. 2022: (3.3) added, (SB 22-159), ch. 230, p. 1706, § 4, effective May 26; (3.5) added, (HB 22-1377), ch. 285, p. 2045, § 4, effective May 31; (3.7) added, (HB 22-1304), ch. 290, p. 2079, § 4, effective June 1. L. 2024: (1)(b) and (1)(c) amended and (1)(d), (1.3), and (1.5) added, (HB 24-1308), ch. 295, p. 2009, § 3, effective August 7.
Cross references: For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.
24-32-705.7. Application process for all affordable housing programs administered by the division of housing - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Affordable housing has the same meaning as set forth in section 24-32-705.5 (6).
(b) Affordable housing program means:
(I) Money loaned from the housing investment trust fund created in section 24-32-717 (1)(a);
(II) Any program that uses money from the housing development grant fund created in section 24-32-721 (1);
(III) The affordable housing guided toolkit and local officials guide program created in section 24-32-721.7 (1)(a);
(IV) The local investments in transformational affordable housing grant program created in section 24-32-729 (2)(a);
(V) The transformational affordable housing revolving loan fund program created in section 24-32-731 (2)(a); and
(VI) Any other program administered or implemented by the division that is related to affordable housing development.
(c) Board means the state housing board created in section 24-32-706 (1).
(2) Notwithstanding any provision of law to the contrary, all affordable housing programs administered or implemented by the division that require an application process are subject to the provisions of this section.
(3) (a) The division shall receive applications for affordable housing programs not less than once per quarter where a quarter is every three months beginning in July. The division shall publish the application schedule for the second half of state fiscal year 2024-25 no later than November 1, 2024, and shall publish the application schedule for each subsequent state fiscal year no later than May 1 of the preceding state fiscal year and shall update the schedule no later than sixty days before the start of the next quarter. If for any affordable housing program the division will not be accepting applications for an upcoming quarter, the division shall post notice of this on its website and include an explanation of why applications for the affordable housing program will not be accepted, which may include there being insufficient revenue to provide funding for the affordable housing program. Not later than ten calendar days from the date that a quarterly application period closes, the division shall complete the reviewing of all applications submitted in the application period for completeness and issue any requests for additional information, forms, or questions to the applicants, as necessary.
(b) (I) Within forty-five calendar days after a complete application is received by the division, and no more than forty-five calendar days after the seventeenth calendar day following the date an application is submitted, the division shall complete any additional review of an application that may be required after its initial review required by subsection (3)(a) of this section and either send all applications it deems complete to the board for final decision or make a final decision on applications it deems complete, as applicable. If the division is unable to send an application to the board within forty-five days, the division shall notify the applicant of the delay with an explanation for the delay and the date that the division will send the application to the board.
(II) The board shall meet and make a final decision on completed applications submitted to it from the division at the next regularly scheduled meeting of the board.
(c) (I) If the final decision on an application is approval of the application by the board or the division, as applicable, the division shall notify the approved applicant in writing in accordance with subsection (3)(c)(II) of this section and within thirty calendar days provide the approved applicant with a preliminary draft of any required contracts for loans or grants awarded pursuant to an affordable housing program, if applicable. The division has ninety days from the date of receiving a substantially complete post-award due diligence package from the approved applicant, or if no post-award due diligence is required then ninety days from the date of the end of the thirty-day period, to finalize any terms and conditions of approved loans or grants pursuant to an affordable housing program and execute any required contracts, but the ninety day period pauses for the period of time an approved applicant receives a preliminary draft from the division of any required contract for the affordable housing program until the division receives the executed contract from the approved applicant. The division shall provide executed contracts to an approved applicant within ten calendar days of finalizing the contract.
(II) Letters of approval required by subsection (3)(c)(I) of this section must include information concerning:
(A) The timeline for issuance of money as approved by the division or the board pursuant to the affordable housing program;
(B) Any terms for the loan or grant period; and
(C) Any conditions that the approved applicant must meet or provide prior to the execution of contracts for the loan or grant pursuant to the affordable housing program, including closing or curing any outstanding awards under other affordable housing programs.
(d) (I) Any changes to the terms of an approved loan or grant pursuant to an affordable housing program by the division must be made to an approved applicant within ten calendar days of the date the division issues a letter of approval required pursuant to subsection (3)(c)(I) of this section.
(II) Notwithstanding the provisions of subsection (3)(d)(I) of this section, an approved applicant may request changes to the terms of an approved loan or grant at any time before the contract is finalized and the division shall review and respond to any requests for changes made after approval of the loan or grant but before the contract is finalized within thirty days. A request for changes by an approved applicant may extend any applicable time period set forth in subsection (3)(c)(I) by not more than thirty days.
(4) The division may promulgate rules for the implementation of this section in accordance with article 4 of this title 24.
Source: L. 2024: Entire section added, (HB 24-1308), ch. 295, p. 2011, § 4, effective August 7.
Cross references: For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.
24-32-706. State housing board. (1) There is created, within the division of housing, the state housing board. The governor shall appoint one member from each congressional district in the state to the board. The member must be a qualified elector of the congressional district from which the member is appointed. In making appointments to the board, the governor shall include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities.
(2) The term of office for a member is four years; except that the terms shall be staggered so that no more than a minimum majority of the members' terms expire in the same year. Members shall not serve more than two consecutive full terms. All members shall be appointed with the consent of the senate.
(3) A vacancy on the board occurs whenever any member moves out of the congressional district from which the member was appointed. A member who moves out of such congressional district shall promptly notify the governor of the date of such move, but such notice is not a condition precedent to the occurrence of the vacancy. The governor shall fill the vacancy as provided in subsection (5) of this section.
(4) Not more than a minimum majority of the members may be affiliated with any one political party.
(5) Any vacancy shall be filled by the governor pursuant to subsection (1) of this section for the unexpired term.
(6) Members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
(7) The board shall meet upon call of the chair or whenever directed by the governor.
(8) The governor may remove any appointed member of the board for misconduct, incompetence, or neglect of duty, and any such removal, when made, shall not be subject to review.
Source: L. 70: p. 241, § 1. C.R.S. 1963: § 69-9-6. L. 72: p. 550, § 14. L. 82: (2) and (3) amended, p. 354, § 12, effective April 30. L. 87: (1) and (2) amended, p. 910, § 20, effective June 15. L. 2005: (8) amended, p. 768, § 38, effective June 1. L. 2009: (1) and (5) amended, (HB 09-1281), ch. 399, p. 2153, § 2, effective August 5. L. 2011: (1) amended, (SB 11-183), ch. 132, p. 465, § 1, effective August 10. L. 2018: (1) amended, (HB 18-1364), ch. 351, p. 2081, § 5, effective July 1. L. 2022: (1), (2), (3), (4), (7), and (8) amended, (SB 22-013), ch. 2, p. 48, § 60, effective February 25. L. 2023: (1) amended, (HB 23-1296), ch. 269, p. 1599, § 4, effective May 25.
24-32-707. Powers of board. (1) The board shall have the following powers:
(a) To advise the general assembly, the governor, and the division on housing matters;
(b) To establish uniform construction and maintenance standards for hotels, motels, and multiple dwellings in those areas of the state where no such standards exist; and for factory-built housing;
(c) To develop and submit to the general assembly and units of local government recommendations for uniform housing standards and building codes;
(d) To conduct examinations and investigations and to take testimony and proof under oath at hearings;
(e) Through the division of housing, to act as agent for local governmental and private nonprofit entities in connection with federal, state, and local public and private nonprofit housing programs;
(f) (Deleted by amendment, L. 99, p. 440, § 4, effective August 4, 1999.)
(g) To promulgate rules and regulations establishing income limits for the determination of what constitutes a low- or moderate-income family pursuant to section 24-32-717 (4)(b).
(h) and (i) Repealed.
(1.5) [Editor's note: Subsection (1.5) is effective January 1, 2026.] The board shall ensure that when the standards and codes prescribed in subsections (1)(b) and (1)(c) of this section are substantially amended, the standards and codes meet or exceed the accessibility requirements in one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization.
(2) The board shall serve in an advisory capacity to the state housing finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information as to the need for development of housing facilities for low- and moderate-income families in Colorado.
(3) (Deleted by amendment, L. 2000, p. 1162, § 2, effective July 1, 2001.)
(4) The board shall also review and make recommendations on grant applications submitted for the child care facility development capital grant program created in section 24-32-3804 (2)(a) in accordance with the provisions set forth in section 24-32-3804.
Source: L. 70: p. 241, § 1. C.R.S. 1963: § 69-9-7. L. 73: p. 815, § 3. L. 74: (1)(f) amended, p. 284, § 2, effective April 19. L. 75: (1)(d) amended and (1)(f) added, p. 813, § 3, effective July 14; (1)(e) amended, p. 216, § 47, effective July 16. L. 77: (1)(b) amended, p. 1187, § 1, effective May 27. L. 82: (1)(g) added, p. 369, § 3, effective April 27. L. 90: (1)(h) and (3) added, pp. 1201, 1202, §§ 2, 3, effective April 5. L. 99: (1)(f) amended and (1)(i) added, p. 440, § 4, effective August 4. L. 2000: (1)(h) and (3) amended, p. 1162, § 2, effective July 1, 2001. L. 2003: (1)(h) and (1)(i) repealed, p. 532, § 1, effective March 5. L. 2024: (4) added, (HB 24-1237), ch. 279, p. 1858, § 4, effective August 7. L. 2025: (1.5) added, (HB 25-1030), ch. 8, p. 20, § 5, effective January 1, 2026.
Cross references: For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1030, see section 1 of chapter 8, Session Laws of Colorado 2025.
24-32-708. Annual report. (Repealed)
Source: L. 65: p. 1073, § 8. C.R.S. 1963: § 130-10-8. L. 67: p. 517, § 3. L. 77: Entire section repealed, p. 293, § 8, effective May 26.
24-32-708.5. Compliance with national standards. (Repealed)
Source: L. 99: Entire section added, p. 441, § 5, effective August 4. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-709. Certification of factory-built housing - factory-built nonresidential units. (Repealed)
Source: L. 71: p. 669, § 3. C.R.S. 1963: § 69-9-9. L. 75: (1) and (3) amended, p. 807, § 2, effective July 1. L. 99: (1)(a), (3), (4), and (5) amended and (7) added, p. 441, § 6, effective August 4. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-710. Rules - enforcement - advisory committee. (Repealed)
Source: L. 71: p. 670, § 3. C.R.S. 1963: § 69-9-10. L. 73: p. 236, § 14. L. 75: (1) and (2) amended and (4) added, p. 807, § 3, effective July 1; (1) and (3) amended, p. 1466, § 9, effective July 18. L. 76: (1) amended, p. 306, § 45, effective May 20. L. 77: (1) and (2) amended, p. 1187, § 2, effective May 27. L. 86: (3) amended, p. 417, § 31, effective March 26. L. 93: (3) amended, p. 672, § 3, effective May 1. L. 99: (1) amended, p. 442, § 7, effective August 4. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-711. Recognition of similar standards. (Repealed)
Source: L. 71: p. 670, § 3. C.R.S. 1963: § 69-9-11. L. 99: Entire section amended, p. 442, § 8, effective August 4. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-712. Noncompliance with standards. (Repealed)
Source: L. 71: p. 670, § 3. C.R.S. 1963: § 69-9-12. L. 75: Entire section amended, p. 808, § 4, effective July 1. L. 77: (1) amended, p. 1188, § 3, effective May 27. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-713. Violation - penalty. (Repealed)
Source: L. 71: p. 670, § 3. C.R.S. 1963: § 69-9-13. L. 75: Entire section amended, p. 808, § 5, effective July 1. L. 83: (1) amended, p. 908, § 1, effective July 1. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-714. Local enforcement. (Repealed)
Source: L. 71: p. 671, § 3. C.R.S. 1963: § 69-9-14. L. 75: Entire section amended, p. 809, § 6, effective July 1. L. 77: Entire section amended, p. 1188, § 4, effective May 27. L. 99: Entire section amended, p. 442, § 9, effective August 4. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-715. Inspection of mobile homes and records. (Repealed)
Source: L. 75: Entire section added, p. 809, § 7, effective July 1. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-715.5. Inspections of electrical work - manufactured housing units. (Repealed)
Source: L. 88: Entire section added, p. 501, § 20, effective July 1. L. 99: Entire section amended, p. 442, § 10, effective August 4. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-716. Notification and correction of defects. (Repealed)
Source: L. 75: Entire section added, p. 809, § 7, effective July 1. L. 2003: Entire section repealed, p. 532, § 1, effective March 5.
24-32-717. Housing investment trust fund - loans - definitions. (1) (a) The division shall establish a housing investment trust fund, referred to in this section as the trust fund. The division shall pay into the trust fund any moneys made available by the general assembly, all moneys collected by the division for purposes of this section from federal grants and from other contributions, gifts, grants, and donations received from any other organization, entity, or individual, public or private, and from any fees or interest earned on such moneys, which moneys the division is hereby authorized and directed to solicit, accept, expend, and disburse for the purpose of making loans or loan guarantees and for program administration as provided in this section. Any moneys in the trust fund at the end of any fiscal year do not revert to the general fund. The moneys in the trust fund are hereby continuously appropriated to the division for the purposes specified in this section. For any given state fiscal year, no more than three percent of the moneys appropriated from the trust fund may be expended for the administrative costs of the division in administering the trust fund.
(b) (Deleted by amendment, L. 2014.)
(2) Subject to the requirements of this section, upon the approval of the board, the division may make a loan from moneys in the trust fund for development or redevelopment costs incurred prior to the completion of low- or moderate-income housing or for the rehabilitation of such housing. The interest rate on such loan shall be determined by the board and set forth in the loan agreement signed by the applicant. In conjunction with the making of such loan, the division shall require the borrower to furnish collateral security in such amounts and in such form as the division shall determine to be necessary to assure the payment of such loan and the interest thereon as the same become due. The loan shall be subject to the terms and conditions imposed by the division and shall be repaid within the time and in the manner specified by the division in the loan agreement. In making loans of moneys from the trust fund, the division shall give priority to owners of property that was either destroyed or incurred substantial damage as a result of one or more state or federally declared natural disasters.
(3) As principal and interest payments are received by the division from the borrower, such moneys shall be deposited in the trust fund.
(3.5) Notwithstanding any other provision of this section, on or after May 29, 2014:
(a) The division may charge the borrower an origination fee for loans made from the trust fund. The fee must be used for direct and indirect costs associated with the administration of the trust fund.
(b) The division shall not guarantee any loan made to a for-profit organization or entity unless the loan is secured on a recourse basis; and
(c) The total amount of loan guarantees that may be made by the division against the trust fund shall not exceed either two million dollars for any one project or up to five million dollars for all such projects at any one time.
(3.7) If applications are required for loans pursuant to this section, the application process must be in accordance with the process set forth in section 24-32-705.7.
(4) For the purposes of this section, unless the context otherwise requires, the following definitions shall apply:
(a) Family means two or more persons related by blood, marriage, or adoption who live or expect to live together as a single household in the same home, a single person who is either at least sixty-two years of age or has a disability, or a single person whom the board may by regulation determine to be eligible for assistance under this part 7.
(b) Low- or moderate-income family means a family whose income is insufficient to secure decent, safe, and sanitary housing provided by private industry without public assistance and whose income is below the respective income limits established by the board by regulation, taking into consideration such factors as the following:
(I) The amount of the total income of such family available for housing needs;
(II) The size of the family;
(III) The cost and condition of housing facilities available;
(IV) The ability of such family to compete successfully in the private housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing; and
(V) Standards established by various programs of the federal government for determining eligibility based on the income of such family.
(c) Low- or moderate-income housing means a residential structure or structures occupied by one or more low- or moderate-income families.
(5) Repealed.
Source: L. 82: Entire section added, p. 368, § 1, effective April 27. L. 85: (5) amended, p. 808, § 1, effective May 16. L. 88: (5) amended, p. 918, § 1, effective April 14. L. 92: (1), (2), (3), and (5) amended, p. 1070, § 1, effective July 1. L. 93: (4)(a) amended, p. 1654, § 58, effective July 1. L. 2006: (5) repealed, p. 143, § 14, effective August 7. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1930, § 18, effective June 1. L. 2014: (1), (2), and (3) amended and (3.5) added, (HB 14-1017), ch. 277, p. 1122, § 1, effective May 29. L. 2024: (3.7) added, (HB 24-1308), ch. 295, p. 2013, § 5, effective August 7.
Cross references: For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.
24-32-718. Publicly assisted housing - notice of termination - database - high energy performance building standard program - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Financial assistance means any financial assistance administered by the division that is subject to affordability restrictions, including, but not limited to, grants and loans from the division and federally funded rental assistance contracts, loans, or insurance.
(b) Publicly assisted housing project means a property with five or more rental units that was developed, rehabilitated, purchased, or insured with financial assistance.
(2) (a) The division shall provide information about the database it maintains pursuant to subsection (3) of this section to owners of publicly assisted housing projects and shall encourage them to give notice to the division no less than one hundred twenty days before taking any action that will make the project no longer affordable, if the affordability restrictions on the project are still in effect at the time the notice is required.
(b) For purposes of this subsection (2), the following actions shall be considered actions that make a project no longer affordable:
(I) Converting the property to commercial use or increasing residential rent to an amount exceeding the amount permitted under the affordability restrictions in effect at the time of the notice; or
(II) Withdrawing from or electing not to renew an available federally funded project-based rental assistance contract.
(c) During the period of one hundred twenty days after notice is given to the division, the division may attempt to coordinate a purchase by a purchaser that is committed to maintaining the project as an affordable housing resource.
(3) The division shall maintain an updated database of publicly assisted housing projects on which it has received the notice required by subsection (2) of this section.
(4) The board, in consultation with the division, shall adopt and update from time to time a nationally recognized high energy performance building standard program for publicly assisted housing projects. The division shall present a report on the program annually to the general assembly for comment and review. The standard shall apply to all new applications for publicly assisted housing projects made to the division on or after January 1, 2009; except that the executive director of the department of local affairs may exempt a particular publicly assisted housing project from compliance with the standard upon a determination by the executive director that extenuating circumstances exist such as to preclude the implementation of this subsection (4).
Source: L. 2002: Entire section added, p. 413, § 3, effective August 7. L. 2008: (4) added, p. 1308, § 3, effective August 5.
24-32-719. Foreclosure prevention - outreach efforts - grant fund - creation - administration - repeal. (Repealed)
Source: L. 2008: Entire section added, p. 2259, § 2, effective June 5.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2010. (See L. 2008, p. 2259.)
24-32-720. Property foreclosure reports - official state statistics - repeal. (Repealed)
Source: L. 2009: Entire section added, (HB 09-1197), ch. 101, p. 374, § 2, effective August 5.
Editor's note: Subsection (5) provided for the repeal of this section, effective January 1, 2015. (See L. 2009, p. 374.)
24-32-721. Colorado affordable housing construction grants and loans - housing development grant fund - creation - housing assistance for persons with behavioral, mental health, or substance use disorders - cash fund - appropriation - report to general assembly - rules - definitions - repeal. (1) There is created in the state treasury the housing development grant fund, which fund is administered by the division and is referred to in this section as the fund. The fund consists of money credited to the fund in accordance with section 39-26-123 (3)(b); money transferred to the fund in accordance with section 24-22-118 (2); money transferred to the fund from the ARPA refinance state money cash fund pursuant to section 24-75-226.5; money appropriated to the fund by the general assembly; all money transferred to the fund from the marijuana tax cash fund created in section 39-28.8-501 (1) and any other cash fund maintained by the state; all money transferred to the fund from the general fund and the revenue loss restoration cash fund created in section 24-75-227 (2) pursuant to subsections (6) and (7) of this section; all money collected by the division for purposes of this section from federal grants, from other contributions, gifts, grants, and donations received from any other organization, entity, or individual, public or private; and from any fees or interest earned on such money. The division is authorized and directed to solicit, accept, expend, and disburse all money collected for the fund from the sources specified in this subsection (1) for the purpose of making grants, loans, or other forms of assistance that may be awarded under section 24-32-721.7 and for program administration as provided in this section. All such money must be transmitted to the state treasurer to be credited to the fund. Except as otherwise provided in subsection (3)(b.5) of this section, the money in the fund is continuously appropriated to the division for the purposes of this section.
(1.5) In addition to the other sources of money to be deposited into the fund that are specified in subsection (1) of this section, the fund also consists of money transferred by the state treasurer from the unclaimed property trust fund to the division in accordance with section 38-13-801 (3.5) to supplement existing funds to be expended for any of the purposes specified in subsection (2)(d) of this section.
(1.7) Repealed.
(2) (a) Subject to the requirements of this section, upon the approval of the board, the division may make a grant or loan from money in the fund to improve, preserve, or expand the supply of affordable housing in Colorado as well as to fund the acquisition of housing and economic data necessary to advise the board on local housing conditions. In making loans or grants from the fund, the division shall give priority to owners of property that was either destroyed or incurred substantial damage as a result of one or more state or federally declared natural disasters where the property owner has received the maximum insurance proceeds and public disaster assistance. The division shall annually allocate, with or without board approval, at least one-third of the money credited to the fund in accordance with section 39-26-123 (3)(b) to improve, preserve, or expand affordable housing for households whose annual income is less than or equal to thirty percent of the area median income, as published annually by the United States department of housing and urban development. The division shall use at least five million dollars of the amount transferred to the fund in accordance with section 24-22-118 (2) to improve, preserve, or expand the supply of affordable housing in rural Colorado.
(b) and (c) (Deleted by amendment, L. 2014.)
(d) In addition to any other use authorized under this section, money may also be used for the following purposes, without limitation:
(I) Grants and loans for the acquisition, renovation, and construction of for-sale homes in nonurban areas for purchasers who reside in households with an annual income up to one hundred twenty percent of the area median income and down payment assistance programs that are financed in partnership with private and public entities for the development of housing and the delivery of services that assist persons in households with an annual income up to one hundred percent of the area median income;
(II) Programs for home rehabilitation;
(III) Repair, replacement, and disposal of mobile homes in conjunction with programs that are operated by local governments, local housing authorities, and private organizations;
(IV) Grants and loans for the financing of land acquisition and infrastructure costs associated with the provision of utilities to support development of a planned deed restricted rental or for-sale affordable housing development;
(V) Grants and loans to private and public entities to provide funding for the development, acquisition, and rehabilitation of affordable housing targeted at a specific area median income or income level; and
(VI) Rental assistance and tenancy support service programs that target one or more of the following persons or uses:
(A) Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools;
(A.5) Individuals experiencing homelessness;
(B) Medicaid clients in nursing homes who are able to live in their communities with in-home services;
(C) Family unification and related services;
(D) Homeless or disabled veterans;
(E) Low-income households with an annual income at or below sixty percent of the area median income; and
(F) Survivors of domestic violence.
(VII) Grants and loans to local governments and nonprofit organizations for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness. The division shall define the terms underutilized hotel, underutilized motel, and underutilized property by policies and procedures. Local governments and nonprofit organizations that are awarded grants or loans under this subsection (2)(d)(VII) shall prioritize the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties that are minority-owned or women-owned businesses, that have annual revenues under five million dollars, that qualify as disadvantaged business enterprises as defined in part 26 of title 49 of the code of federal regulations, as amended, or that comply with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
(e) In determining how best to allocate money to promote the various purposes specified in subsection (2)(d) of this section, the division shall consult with stakeholders from urban and rural communities and representatives from populations of different income levels with diverse housing needs and shall award funding to meet the needs of local communities that will optimize the socio-economic and housing stability of outcomes of households served; optimize the creation, operation, and affordability length of affordable housing stock created; optimize the preservation of naturally occurring and subsidized affordable housing; consider the impact of award terms on the financial stability of the organizations delivering these development projects and resident services; leverage or be leveraged by other available public or private sources of money; be layered with other funds administered by the state; address housing needs throughout the state; and serve populations with the greatest unmet need. The division may evaluate and award funding opportunities at all stages of a project, including predevelopment and first-in catalytic fund commitments.
(f) As used in this subsection (2), area median income is determined in accordance with guidelines or other standards promulgated by the United States department of housing and urban development.
(g) (I) Within three business days of June 26, 2021, the state treasurer shall transfer thirty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229, that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the housing development grant fund and transfer fifteen million dollars from the general fund to the affordable housing and home ownership cash fund created in section 24-75-229. Within three business days of May 27, 2022, the state treasurer shall transfer:
(A) One million eight hundred ninety-four thousand four dollars to the housing development grant fund from the affordable housing and home ownership cash fund created in section 24-75-229 that originates from the general fund;
(B) Twenty-eight million dollars to the housing development grant fund from the general fund; and
(C) Twenty-nine million eight hundred ninety-four thousand four dollars from the housing development grant fund to the affordable housing and home ownership cash fund created in section 24-75-229. The transfer required by this subsection (2)(g)(I)(C) is from money that was transferred on June 26, 2021, to the housing development grant fund from the affordable housing and home ownership cash fund that originated from money the state received from the federal coronavirus state fiscal recovery fund.
(II) The division shall use money transferred from the affordable housing and home ownership cash fund created in section 24-75-229, that originates from money the state received from the general fund, pursuant to subsection (2)(g)(I) of this section for the purposes allowed under subsection (2)(d)(VI)(A.5) of this section that are related to subsection (2)(d)(VII) of this section and for the purposes allowed by subsection (2)(d)(VII) of this section.
(III) During the department of local affairs' annual presentation in 2022 and 2023 to the committees of reference pursuant to section 2-7-203, the department shall include a summarized report of the rental and tenancy support service programs provided by the division of housing pursuant to subsection (2)(d)(VI)(A.5) of this section that are related to underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division of housing for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties pursuant to subsection (2)(d)(VII) of this section.
(h) Repealed.
(3) (a) Except as otherwise provided in section 24-75-226 (4)(c)(II), any money in the fund not expended or encumbered from any appropriation at the end of any fiscal year remains in the fund and does not revert to the general fund or any other fund and remains available for expenditure by the division in subsequent fiscal years for the purposes specified in subsection (1.5) or (2) of this section without further appropriation.
(b) Notwithstanding any other provision of this section, the division, in its discretion, may transfer twenty percent of the balance of the money in the fund into the housing investment trust fund established in section 24-32-717 (1)(a), which balance is calculated as of July 1 of the state fiscal year in which the money is transferred. For any given state fiscal year before state fiscal year 2025-26, no more than three percent of the money appropriated or transferred to the fund may be expended for the administrative costs of the division in administering the fund.
(b.5) Subject to annual appropriation by the general assembly beginning in state fiscal year 2025-26, for any given state fiscal year, the division may expend up to four percent of the money appropriated or transferred to the fund for the administrative costs of the division in administering the fund.
(c) Subject to the limitation on the percentage of money appropriated from the fund that may be expended for the administrative costs of the division in administering the fund specified in subsection (3)(b) of this section, the division may expend money from the fund to hire and employ individuals in order to fulfill the purposes of House Bill 19-1322, enacted in 2019.
(d) (I) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(II) (A) On June 30, 2025, the state treasurer shall transfer two million eight hundred twenty-one thousand one hundred fifty-seven dollars from the fund to the general fund.
(B) This subsection (3)(d)(II) is repealed, effective July 1, 2026.
(4) (a) As used in this subsection (4), unless the context otherwise requires, person with a behavioral or mental health disorder means an individual who has or, at any time during the previous twelve months, had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the diagnostic and statistical manual of mental disorders, resulting in functional impairment that interferes with or limits one or more major life activities.
(b) In conjunction with its other programs to provide assistance in obtaining housing and subject to available appropriations, the division of housing shall establish a program that provides vouchers and other support services for housing assistance for:
(I) An individual with a mental health disorder, substance use disorder, or co-occurring behavioral health disorder who is transitioning from the department of corrections, the division of youth services in the department of human services, a mental health institute, a psychiatric hospital, or a county jail into the community; or
(II) An individual who is homeless or in an unstable housing environment and is transitioning from a residential treatment program or is engaged in the community transition specialist program created pursuant to section 27-66.5-103.
(c) In addition to any other uses specified in this section, the division shall also provide grants or loans for the acquisition, construction, or rehabilitation of rental housing for persons with behavioral or mental health disorders.
(d) There is created in the state treasury the housing assistance for persons transitioning from the criminal or juvenile justice system cash fund, referred to in this subsection (4) as the cash fund. The cash fund consists of money that the general assembly appropriates to the cash fund. Subject to annual appropriation by the general assembly, the division may expend money in the cash fund for the purposes set forth in this subsection (4). All interest earned from the investment of money in the cash fund is credited to the cash fund. All money not expended at the end of the fiscal year remains in the cash fund, does not revert to the general fund or any other fund, and remains available for expenditure by the division in the next fiscal year for the purposes of this subsection (4) without further appropriation.
(e) In addition to any money appropriated to the division of housing pursuant to subsection (4)(d) of this section, for the 2019-20 fiscal year, and for each of the following four fiscal years, the general assembly shall annually appropriate one million dollars from the marijuana tax cash fund created in section 39-28.8-501 to the division of housing for the voucher program specified in subsection (4)(b) of this section.
(f) The executive director of the department of local affairs shall report to the senate committee on health and human services and the house of representatives committees on health and insurance and public health care and human services, or any successor committees, under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, on:
(I) The number of projects funded under this section;
(II) The number of units in each project funded under this section;
(III) The number of qualified individuals housed as a result of this subsection (4); and
(IV) To the extent practicable, the number of individuals who, after receiving a voucher under subsection (4)(b) of this section, returned to the facilities from which the individuals were transitioning.
(5) Any principal or interest payments received by the division from a borrower pursuant to a loan originated using funds appropriated from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) must be deposited in the housing investment trust fund created in section 24-32-717 (1).
(6) On June 27, 2021, the state treasurer shall transfer one million six hundred thousand dollars from the general fund to the housing development grant fund created in subsection (1) of this section. The division shall use the money transferred pursuant to this subsection (6) for the affordable housing guided toolkit and local officials guide program created in section 24-32-721.7.
(7) Repealed.
(8) If applications are required for money from the fund pursuant to this section, the application process must be in accordance with the process set forth in section 24-32-705.7.
Source: L. 2009: Entire section added, (HB 09-1213), ch. 217, p. 981, § 1, effective June 30. L. 2014: Entire section amended, (HB 14-1017), ch. 277, p. 1123, § 2, effective May 29. L. 2017: (4) added, (SB 17-021), ch. 305, p. 1659, § 2, effective June 2. L. 2018: (4)(d) amended, (SB 18-016), ch. 334, p. 2008, § 2, effective May 30. L. 2019: (3)(b) and (4)(b) amended and (4)(e) and (4)(f) added, (HB 19-1009), ch. 274, p. 2586, § 1, effective May 23; (1) and (2)(a) amended, (HB 19-1245), ch. 199, p. 2156, § 3, effective August 2; (1), (3)(a), and (4)(c) amended and (1.5), (2)(d), (2)(e), (2)(f), and (3)(c) added, (HB 19-1322), ch. 201, p. 2168, § 3, effective August 2. L. 2020: (4)(d) amended, (HB 20-1262), ch. 60, p. 202, § 2, effective March 20; (1.7) added, (HB 20-1410), ch. 112, p. 466, § 3, effective June 22; (1) and (2)(a) amended, (HB 20-1427), ch. 248, p. 1211, § 25, effective (see editor's note). L. 2020, 1st Ex. Sess.: (1.7)(b) amended and (1.7)(a.5), (1.7)(g.5), and (1.7)(h.5) added, (SB 20B-002), ch. 8, p. 40, § 1, effective December 7. L. 2021: (5) added, (HB 21-1329), ch. 347, p. 2257, § 2, effective June 25; IP(2)(d)(VI) amended and (2)(d)(VI)(A.5), (2)(d)(VII), (2)(g), and (2)(h) added, (SB 21-242), ch. 346, p. 2250, § 2, effective June 26; (1) amended and (6) added, (HB 21-1271), ch. 356, p. 2323, § 5, effective June 27; (3)(b) amended, (HB 21-1028), ch. 396, p. 2634, § 3, effective September 7. L. 2022: (3)(a) amended, (HB 22-1342), ch. 137, p. 921, § 6, effective April 25; (2)(g)(I) and (2)(g)(II) amended, (HB 22-1411), ch. 271, p. 1957, § 7, effective May 27. L. 2023: (1) and (6) amended, (HB 23-1301), ch. 303, p. 1825, § 34, effective August 7. L. 2023, 1st Ex. Sess.: (1) amended and (7) added, (HB 23B-1001), ch. 6, p. 26, § 2, effective November 28. L. 2024: (1) amended, (HB 24-1466), ch. 429, p. 2938, § 18, effective June 5; (2)(e) amended and (8) added, (HB 24-1308), ch. 295, p. 2013, § 6, effective August 7. L. 2025: (1) and (3)(b) amended and (3)(b.5) added, (SB 25-245), ch. 122, p. 486, § 1, effective April 25; (3)(a) amended and (3)(d) added, (SB 25-317), ch. 385, p. 2143, § 10, effective June 3.
Editor's note: (1) Amendments to subsection (1) by HB 19-1322 and HB 19-1245 were harmonized.
(2) Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot question was referred to the registered electors on November 3, 2020, and was approved with the following vote count:
FOR: 2,134,608
AGAINST: 1,025,182
(3) Subsection (2)(h)(V) provided for the repeal of subsection (2)(h), effective December 31, 2023. (See L. 2021, p. 2250.)
(4) Subsection (7)(l) provided for the repeal of subsection (7), effective June 30, 2025. (See L. 2023, 1st Ex. Sess., p. 26.)
Cross references: (1) For the legislative declaration in SB 17-021, see section 1 of chapter 305, Session Laws of Colorado 2017. For the legislative declaration in HB 20-1410, see section 1 of chapter 112, Session Laws of Colorado 2020. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 21-242, see section 1 of chapter 346, Session Laws of Colorado 2021. For the legislative declaration in HB 23B-1001, see section 1 of chapter 6, Session Laws of Colorado 2023, First Extraordinary Session. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
(2) For the short title (Affordable Housing Act of 2019) and the legislative declaration in HB 19-1245, see sections 1 and 2 of chapter 199, Session Laws of Colorado 2019.
24-32-721.3. Middle income access program - contract with Colorado housing and finance authority for administration of funds - appropriation. For state fiscal year 2022-23, the general assembly shall appropriate twenty-five million dollars from money in the affordable housing and home ownership cash fund, created in section 24-75-229 (3)(a), that originates from the general fund to the department of local affairs for the use of the division for the purpose of expanding the middle income access program established in and administered by the Colorado housing and finance authority, created in part 7 of article 4 of title 29. The division shall contract with the authority for administration of the money appropriated to the department under this section. The contract may include normal and customary fees and expenses for administration of the program, and the program must be administered in a manner consistent with the program guidelines established by the authority.
Source: L. 2022: Entire section added, (SB 22-146), ch. 161, p. 1010, § 2, effective May 16.
Cross references: For the legislative declaration in SB 22-146, see section 1 of chapter 161, Session Laws of Colorado 2022.
24-32-721.5. Emergency direct assistance grant program - created - purposes of grants - rules - applications - fund created - report - definition - repeal. (Repealed)
Source: L. 2020, 1st Ex. Sess.: Entire section added, (SB 20B-002), ch. 8, p. 41, § 2, effective December 7.
Editor's note: Subsection (10) provided for the repeal of this section, effective June 30, 2022. (See L. 2020, 1st Ex. Sess., p. 41.)
24-32-721.7. Affordable housing guided toolkit and local officials guide program - creation. (1) (a) There is hereby created within the division the affordable housing guided toolkit and local officials guide program, referred to in this section as the housing toolkit program. The purpose of the housing toolkit program is to award funding to qualified counties, municipalities, and federally recognized tribes within the state selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to enable local governments to achieve an understanding of the housing needs of their communities, including the equity impacts of their land use policies and regulations, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The division shall administer the housing toolkit program.
(b) All funding of any assistance awarded under the housing toolkit program must be made entirely out of the money transferred from the general fund to the housing development grant fund created in section 24-32-721 (1) in accordance with section 24-32-721 (6). All costs incurred by the division in administering the housing toolkit program must be paid out of the money transferred in accordance with section 24-32-721 (6). The division may use up to eight percent of any money appropriated to it under this section to cover its administrative costs in administering the housing toolkit program. All money transferred to the housing development grant fund in accordance with section 24-32-721 (6) must be expended before July 1, 2025. Any such money that is not expended or encumbered from any appropriation at the end of any fiscal year is available for expenditure before July 1, 2025, without further appropriation.
(c) The process for applications required pursuant to this section must be in accordance with the process set forth in section 24-32-705.7.
(2) (a) In evaluating applications for technical assistance under the housing toolkit program, the division shall prioritize projects based upon whether the application will, in the discretion of the division, create the maximum impact on the development of affordable housing in the areas of greatest need across the state and will satisfy one or more of the factors specified in subsection (1) of this section. The division shall consult with the division of local government in connection with the creation and administration of the housing toolkit program.
(b) On or before September 1, 2021, the executive director of the department of local affairs or the executive director's designee shall adopt policies and procedures for the housing toolkit program that include, without limitation:
(I) Procedures and time lines by which an eligible recipient may apply for assistance under the housing toolkit program;
(II) Criteria for determining the amount or nature of the assistance awarded;
(III) Performance criteria for grant recipients' projects; and
(IV) Reporting requirements for grant recipients.
(c) On or before November 1, 2022, and on or before November 1, 2023, the executive director of the department or the executive director's designee shall publish a report summarizing the use of all assistance that was awarded from the housing toolkit program in the preceding fiscal year. In the report, the division shall also provide its recommendations concerning future administration of the housing toolkit program. The report must be shared with the general assembly and posted on the department's website.
Source: L. 2021: Entire section added, (HB 21-1271), ch. 356, p. 2324, § 6, effective June 27. L. 2023: (1)(b) amended, (HB 23-1232), ch. 217, p. 1122, § 2, effective May 17. L. 2024: (1)(c) added, (HB 24-1308), ch. 295, p. 2014, § 7, effective August 7.
Editor's note: This section was numbered as § 24-32-721.5 in HB 21-1271 but was renumbered on revision for ease of location.
Cross references: For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.
24-32-722. Consolidation of public housing agencies for low- and moderate-income households and persons with disabilities into the division - legislative declaration - repeal. (Repealed)
Source: L. 2011: Entire section added, (HB 11-1230), ch. 170, p. 586, § 3, effective July 1. L. 2012: (1), (2)(b), (3)(a)(I), (3)(b), (3)(c), (4), and (7) amended and (5) and (6) repealed, (SB 12-158), ch. 151, p. 542, § 3, effective May 3.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2013. (See L. 2012, p. 543.)
24-32-723. Office of homeless youth services - creation - function - duties - definitions. (1) This section shall be known and may be cited as the Colorado Homeless Youth Services Act.
(2) As used in this section, unless the context otherwise requires:
(a) Entity means any state agency, any state-operated program, or any private nonprofit or not-for-profit community-based organization.
(b) Homeless youth means a child or youth who is at least eleven years of age but is less than twenty-one years of age who:
(I) Lacks a fixed, regular, and adequate nighttime residence; or
(II) Has a primary nighttime residence that is:
(A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; or
(B) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings.
(III) Homeless youth shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law.
(3) There is hereby created the office of homeless youth services in the department of local affairs for the purpose of providing information, coordination, and support services to public and private entities serving the homeless youth of Colorado. The office of homeless youth services shall seek to:
(a) Identify and remove obstacles to the provision of services;
(b) Improve the quality of services provided to homeless youth;
(c) Reduce needless expenditures caused by the provision of overlapping services; and
(d) Identify housing and supportive services funding resources available to entities serving homeless youth.
(4) (a) In providing the services described in this section, the office of homeless youth services is strongly encouraged to work with the executive directors, or their designees, of the Colorado department of public health and environment, the judicial department, private nonprofit and not-for-profit organizations, appropriate federal departments, and other key stakeholders in the community.
(b) At a minimum, the office of homeless youth services shall have the following duties:
(I) To provide information, coordination, and technical assistance as may be necessary to reduce needless expenditures associated with the provision of overlapping services and to improve the quality of services provided to homeless youth;
(II) To identify both procedural and substantive obstacles to the provision of services and to make recommendations to the entities specified in this section concerning procedural, regulatory, or statutory changes necessary to remove such obstacles;
(III) To obtain information from service providers concerning known services available for the homeless youth population in the state of Colorado and to post such information on a website on the internet;
(IV) To develop, maintain, and make available a listing of all rights and organizations that may be relevant to the homeless youth population in the state of Colorado, including but not limited to a listing of legal, educational, and victims' rights and organizations related thereto;
(V) To obtain information concerning known funding sources available for the homeless youth population in the state of Colorado; and
(VI) To work with entities to identify issues concerning sharing of information in providing services to homeless youth and to facilitate resolution of such information-sharing issues.
(c) Repealed.
Source: L. 2011: Entire section added, (HB 11-1230), ch. 170, p. 588, § 5, effective July 1; (2) amended and (4)(c) added, (HB 11-1079), ch. 83, pp. 225, 226, §§ 4, 6, effective August 10. L. 2013: (4)(a) amended, (HB 13-1239), ch. 307, p. 1631, § 8, effective July 1; IP(3) amended, (HB 13-1300), ch. 316, p. 1682, § 53, effective August 7. L. 2017: (4)(c) repealed, (HB 17-1047), ch. 26, p. 78, § 1, effective August 9.
Editor's note: (1) Subsections (1), (2), (3), and (4) are similar to former §§ 26-5.9-101, 26-5.9-103, 26-5.9-104, and 26-5.9-105, respectively, as they existed prior to 2010.
(2) Subsections (2)(b) and (4)(c) were numbered as §§ 26-5.9-103 (2) and 26-5.9-105 (3), respectively, in House Bill 11-1079, and those amendments were harmonized with this section as amended and relocated by House Bill 11-1230.
(3) Section 13 of chapter 307, Session Laws of Colorado 2013, provides that amendments to subsection (4)(a) are effective upon the effective date of House Bill 13-1239 or House Bill 13-1117, whichever is later, only if House Bill 13-1117 becomes law. House Bill 13-1117 was signed by the governor on May 7, 2013, establishing an effective date of July 1, 2013.
Cross references: For the legislative declaration in the 2013 act amending subsection (4)(a), see section 1 of chapter 307, Session Laws of Colorado 2013.
24-32-724. Fort Lyon property - supportive residential community - definitions - repeal.
(1) Repealed.
(2) (a) A portion of the Fort Lyon property is designated as a supportive residential community for the homeless for the purpose of providing substance abuse supportive services, medical care, job training, and skill development for the residents.
(b) (I) The division of housing shall enter into a contract with a private contractor to establish the residential community. The contractor selected by the division must be experienced in providing statewide integrated housing, health care, and supportive service programs for homeless individuals.
(II) The division shall subtract an amount equal to three percent of the bid price from the bid of each contractor that certifies through employment records that at least fifteen percent of employees who will perform the requirements of the contract were employed as correctional officers or as other employees at the Fort Lyon correctional facility within the last five years.
(3) The general assembly may enact legislation to repeal this section following its review of the study prepared in accordance with section 24-32-725.
Source: L. 2013: Entire section added, (SB 13-210), ch. 261, p. 1378, § 3, effective August 7. L. 2016: (1) repealed and (3) added, (HB 16-1411), ch. 154, p. 477, § 3, effective May 4.
Cross references: For the legislative declaration in HB 16-1411, see section 1 of chapter 154, Session Laws of Colorado 2016.
24-32-725. Fort Lyon supportive residential community - study - advisory committee - creation - definitions - repeal. (Repealed)
Source: L. 2016: Entire section added, (HB 16-1411), ch. 154, p. 477, § 4, effective May 4.
Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 2019. (See L. 2016, p. 477.)
24-32-726. Financial literacy and exchange program - creation - FLEX accounts - FLEX cash fund - transfer - short title - legislative declaration - definitions - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1389), ch. 314, p. 2243, § 1, effective January 1, 2023. L. 2025: (7)(c) and (9) added, (SB 25-114), ch. 3, p. 9, § 1, effective February 27.
Editor's note: (1) For the amendments in SB 25-114 in effect from February 27, 2025, to July 1, 2025, see chapter 3, Session Laws of Colorado 2025. (L. 2025, p. 9.)
(2) Subsection (9) provided for the repeal of this section, effective July 1, 2025. (See L. 2025, p. 9.)
24-32-727. Denver-metropolitan regional navigation campuses grant - regional navigation campuses cash fund - creation - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Community partner means a nonprofit organization that undertakes any of the activities described in subsection (3) of this section.
(b) Local government means the city and county of Denver, Adams county, Arapahoe county, Jefferson county, Douglas county, the city and county of Broomfield, the Denver regional council of governments, or a municipality located within one of those counties.
(2) A local government or local governments applying together or a community partner in conjunction with one or more local governments may submit an application for a grant to the division in accordance with policies, procedures, and guidelines adopted by the division in order to build or acquire, and then facilitate, one or more regional navigation campuses in the Denver metropolitan area to respond to and prevent homelessness. The division, in collaboration with the department of human services and the behavioral health administration in the department of human services, shall establish the application requirements, which must include a plan by which an applicant intends to sustain funding for the regional navigation campus or campuses after the grant period ends.
(3) Each applicant shall demonstrate how the applicant plans to build or acquire, and then facilitate, one or more navigation campuses that may include, but are not limited to, the following:
(a) Services for behavioral health, mental health, and substance use disorders, including a continuum of behavioral health services and treatment;
(b) Medical care, including dental care;
(c) Transitional housing;
(d) Permanent supportive housing;
(e) Emergency shelter;
(f) Recovery-oriented services and care;
(g) Vocational rehabilitation and employment skills training with the requisite supportive services that support those initiatives;
(h) Assistance enrolling eligible individuals into public assistance benefits programs;
(i) Services for individuals exiting other residential facilities or programs and who are at risk or imminently at risk of experiencing homelessness; and
(j) Other supportive services including, but not limited to, transportation, case management, life skills training, and other supportive services described in 42 CFR 578.53 and others determined by the division.
(4) In selecting grant recipients, the division, in collaboration with the department of human services and the behavioral health administration in the department of human services, shall consider:
(a) An applicant's commitment to regional and transformational projects that address homelessness;
(b) An applicant's commitment to providing wraparound services for the residents at each supportive residential campus;
(c) The impact of each proposed navigation campus in the community where it will be located and in the Denver-metropolitan region as a whole; and
(d) The ability of the applicant to manage each location and determine long-term operational costs and sustainability.
(5) In adopting policies, procedures, and guidelines, the division shall collaborate with the department of human services and the behavioral health administration in the department of human services to create a process that ensures that grants are only awarded after a fair and rigorous open competition among eligible applicants. The division shall review applications and select grant recipients in collaboration with partnering agencies.
(6) The division, a grant recipient, or any other person who receives money from the division pursuant to this section shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(7) On July 1, 2022, the state treasurer shall transfer fifty million dollars from the economic recovery and relief cash fund, created in section 24-75-228, that originates from the money the state received from the federal coronavirus state fiscal recovery fund, to the regional navigation campuses cash fund for the purposes of this section. The division may expend up to ten percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in administering grants. All administrative costs must be paid out of the money transferred to the fund pursuant to this subsection (7).
(8) (a) The regional navigation campuses cash fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (7) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Except as otherwise required by this subsection (8)(b), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the department of local affairs for use by the division for the purposes of this section.
(c) For state fiscal year 2022-23, the general assembly shall appropriate money from the fund to the department of human services for the implementation of this section.
(d) A grant recipient must expend or obligate any money received pursuant to this section in accordance with section 24-75-226 (4)(d).
(e) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund fifteen million three hundred sixty thousand eight hundred fifty-two dollars that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.
Source: L. 2022: Entire section added, (HB 22-1378), ch. 287, p. 2055, § 2, effective May 31; (8)(d) amended, (HB 22-1411), ch. 271, p. 1959, § 13, effective May 31. L. 2023: (2), IP(3), (4), (5), (6), (7), (8)(a), and (8)(d) amended, (HB 23-1232), ch. 217, p. 1122, § 3, effective May 17. L. 2025: (8)(e) added, (SB 25-312), ch. 301, p. 1537, § 11, effective May 30.
Cross references: For the legislative declaration in HB 22-1378, see section 1 of chapter 287, Session Laws of Colorado 2022.
24-32-728. Mobile home park resident empowerment loan program - fund - creation - policies - report - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) The COVID-19 pandemic has had devastating and uneven economic and health consequences across the state;
(b) Communities that faced economic, health, and social vulnerabilities before the pandemic began have been disproportionately affected by the public health and economic consequences of the pandemic;
(c) The pandemic and the recession following the pandemic have increased housing insecurity among vulnerable and low-income communities;
(d) Residents and home owners in mobile home parks are among those who have faced increased economic and housing insecurity in the wake of the COVID-19 pandemic;
(e) Over one hundred thousand people in Colorado live in mobile home parks, including many of the state's low-income workers, immigrants, older adults, individuals with disabilities, and veterans and their families;
(f) While mobile home parks are an important source of affordable housing and low-income home ownership opportunities for Colorado residents, the business model associated with mobile home parks creates unique and significant risks for mobile home owners and residents;
(g) Because mobile home owners often rent the land under their homes from a mobile home park owner or landlord, home owners may experience unpredictable housing cost increases, face costly moves, or lose the value of their home if the mobile home park owner sells the park or changes the use of the land;
(h) Residents and home owners in mobile home parks are therefore particularly vulnerable to housing insecurity and face disproportionate risks of homelessness or eviction as a result of the economic impacts of the COVID-19 pandemic;
(i) Colorado law provides opportunities for mobile home owners to purchase their mobile home parks when the park owner or landlord decides to sell the park to protect themselves from the risks associated with changes in mobile home park ownership;
(j) However, mobile home owners face obstacles in obtaining financing through traditional sources, stopping mobile home owners from taking advantage of the opportunity to purchase their mobile home parks. Even when mobile home owners can obtain traditional financing, the offers cannot compete with offers for cash at closing, preventing those mobile home owners from stewarding their parks to provide stability and build intergenerational wealth for themselves.
(k) Colorado is experiencing a lack of affordable housing at critical levels. The state continues to attract new residents and jobs, but with this growth has come ever-increasing housing prices, placing unsustainable demands on the state's limited housing stock. The affordable housing crisis has only been exacerbated by the COVID-19 pandemic.
(l) In 2021, the general assembly enacted House Bill 21-1329, which directed the executive committee of the legislative council to create a task force to meet during the 2021 legislative interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative changes in the area of housing;
(m) The executive committee subsequently convened the affordable housing transformational task force and subpanel (task force), made up of legislators, executive branch members, and diverse stakeholders, including industry experts;
(n) The task force evaluated proposals and made recommendations to achieve a new vision for affordable housing, seeking to create an affordable housing system that, among other things, is affordable, overcomes disparities, builds wealth, is sustainable, and removes obstacles in order to support Coloradans and their housing needs;
(o) The task force recommended that the general assembly create a program to provide low-interest loans or grants, or both, for the preservation of naturally occurring affordable housing, such as mobile home parks, including the purchase of such affordable housing by mobile home owners or community or nonprofit organizations in their communities to prevent eviction and displacement, and build capacity, especially among communities disproportionately disadvantaged and impacted by COVID-19;
(p) Establishing a revolving loan and grant fund to help provide technical assistance and secure financing for mobile home owners to organize and purchase their mobile home parks can support long-term affordable housing security in the state by allowing mobile home owners to purchase the land that their mobile homes occupy to protect themselves from the risks and insecurities they currently face with the turnover in mobile home park ownership;
(q) Programs to support long-term housing security, including the development of affordable housing and the provision of financial services for the unbanked and underbanked, are essential to address the affordable housing crisis in Colorado and to protect and preserve Colorado's largest source of unsubsidized affordable housing;
(r) Creating a revolving loan and grant program for mobile home park residents to organize and purchase their mobile home parks responds to the negative economic impacts of the COVID-19 pandemic by helping residents who are often low income and who face disproportionate risks of housing insecurity become more secure while developing long-term affordable housing security for Colorado;
(s) By creating long-term, sustainable sources of affordable housing for Colorado residents, the revolving loan and grant program serves an important and discrete public purpose in securing the state's economic and overall recovery from the crisis caused by COVID-19; and
(t) Supporting the state's recovery from the crisis caused by COVID-19 and supporting long-term housing security through the preservation and development of affordable housing is the primary purpose of the revolving loan and grant program and outweighs any benefit to private individuals or entities.
(2) As used in this section, unless the context otherwise requires:
(a) Administrator means an entity that the division contracts with pursuant to subsection (3) of this section to administer the loan program.
(b) Department means the department of local affairs.
(c) Eligible home owners means a group or association of mobile home owners or their assignees seeking to purchase a mobile home park pursuant to section 38-12-217.
(d) Fund means the mobile home park resident empowerment loan and grant program fund established in subsection (10) of this section.
(e) Program or loan program means a mobile home park resident empowerment loan program established in accordance with this section.
(3) (a) The division shall contract with at least two and not more than three administrators to establish a mobile home park resident empowerment loan program in accordance with this section; except that, if the division finds that there is only one qualified applicant in an open and competitive selection process, the division may contract with a single administrator. The purpose of the program is to provide both acquisitions and capital improvement financing to eligible home owners in order to allow them to purchase their mobile home park pursuant to section 38-12-217. An administrator must be a business nonprofit organization, nondepository community development financial institution, business development corporation, or other entity as determined by the division. The division shall use an open and competitive process to select the administrator or administrators for the program.
(b) In selecting an administrator or administrators, the division shall give priority to applicants that demonstrate:
(I) Operational capacity to deploy the program money for the intended purpose;
(II) Proficiency in financial management and public reporting systems;
(III) The ability to leverage additional public or private capital to provide loans to eligible home owners; and
(IV) A track record of distributing grant or loan funds in an efficient manner.
(4) (a) Notwithstanding any restriction on the investment of state money set forth in section 24-36-113 or any other provision of law, subject to the availability of money in the fund and the requirements of this section, the division may transfer money from the fund to an administrator pursuant to a contract to establish a loan program in accordance with this section. An administrator shall use the money provided to make loans to eligible home owners.
(b) A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the administrative costs of the division in implementing and overseeing the program. A contract with an administrator may require the administrator to repay all lending capital that is not committed to loans under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (4)(b) through a contract with another new or existing administrator.
(c) In developing performance benchmarks and performance reviews for administrators, the division shall consult with eligible home owners and individuals and groups supporting eligible home owners, including those who have successfully purchased their mobile home park or who have attempted to purchase their mobile home park under section 38-12-217.
(5) (a) An administrator shall establish and publish policies for the loan program, which must meet any criteria or terms established by the division. At a minimum, the policies must address:
(I) The process and deadlines for applying for and receiving a loan under the program, including the information and documentation required for the application;
(II) Eligibility criteria for eligible home owners applying to the program;
(III) Maximum assistance levels for loans;
(IV) Loan terms, including interest rates and repayment terms, including delinquencies, cures, and default terms;
(V) Foreclosure terms;
(VI) Reporting requirements for recipients;
(VII) Program fees, including the application fee, origination fee, and closing costs policies;
(VIII) Underwriting and risk management policies;
(IX) The extent to which the loan terms will result in affordable rents and minimal displacement for currently eligible home owners;
(X) The extent to which loan terms and approval processes will facilitate offers by eligible home owners that are competitive to other market offers;
(XI) The feasibility and long-term sustainability of governance and management structures supported by home owner purchase loans, and the extent to which such structures, loan terms, and administration may disadvantage some communities and community members; and
(XII) Any additional policies necessary to administer the program.
(b) The policies established by an administrator must allow a previously submitted application or an approved loan to be transferred to an assignee if a group or association of home owners provide written notice of an assignment executed pursuant to section 38-12-217 (8).
(c) The policies required by this subsection (5) shall be developed and implemented with a goal of generating enough return to replenish the program for future loan allocations.
(6) In determining the eligibility of applicants and the size and terms of loans, the administrator shall prioritize low-income communities and other communities that have faced disproportionate impacts from the COVID-19 pandemic.
(7) (a) The division shall establish a grant program to provide grants to one or more nonprofit organizations to provide technical and other assistance to eligible home owners seeking to organize and purchase their mobile home park.
(b) The division shall establish and publicize policies for the grant program. At a minimum, the policies must address:
(I) The process and any deadlines for applying for and receiving a grant under the program, including the information and documentation required for the application;
(II) Eligibility and selection criteria for nonprofit organizations applying to receive grants;
(III) Maximum grant sizes;
(IV) Any additional specifications or criteria for the uses of the grant money allowed by subsection (7)(c) of this section;
(V) Any reporting requirements for recipients; and
(VI) Any additional policies necessary to administer the program.
(c) Grant recipients may use grant money:
(I) To provide technical assistance to eligible home owners seeking to organize to purchase their mobile home park in accordance with this section;
(II) To provide additional assistance to eligible home owners, including by conducting assessments of the physical condition of mobile home parks subject to purchase, procuring or providing legal or law-related services, providing earnest deposits or pre-paid escrow, providing supplemental financial services, or providing additional technical and administrative assistance after a successful purchase; and
(III) For other related uses identified by the division.
(d) Subject to available appropriations, grants may be paid from the fund and from any additional funding source for which the division has spending authority for this purpose.
(8) (a) The division shall establish a grant program to provide grants to eligible home owners in order to support and maintain the long-term affordability of a resident owned mobile home park.
(b) The division shall establish and publicize policies for the grant program. At a minimum, the policies must address:
(I) The process and any deadlines for applying for and receiving a grant under the program, including the information and documentation required for the application;
(II) Eligibility and selection criteria for eligible home owners applying to receive grants;
(III) Maximum grant sizes;
(IV) Reporting requirements for recipients;
(V) Criteria for the types of rent stabilization and affordability programs supported by the program; and
(VI) Any additional policies necessary to administer the program.
(c) Grant recipients may use grant money for programs to stabilize lot rents and limit rent increases in the park in order to ensure the long-term affordability of the park.
(d) Subject to available appropriations, grants may be paid from the fund and from any additional funding source for which the division has spending authority for this purpose.
(9) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(10) (a) The mobile home park resident empowerment loan and grant program fund is hereby created in the state treasury. The fund consists of any money that the general assembly appropriates or transfers to the fund and any gifts, grants, or donations credited to the fund pursuant to subsection (9) of this section.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the department for the purposes specified in this section. The department may use up to five percent of the money appropriated, transferred, or repaid under a contract with an administrator to the fund to pay for its direct and indirect costs in administering this section.
(d) On July 1, 2022, the state treasurer shall transfer thirty-five million dollars of money from the affordable housing and home ownership cash fund, created in section 24-75-229 (3)(a), that originates from the general fund to the fund.
(11) The department shall annually report on the loan and grant programs established in this section as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.
Source: L. 2022: Entire section added, (SB 22-160), ch. 171, p. 1108, § 1, effective May 17.
24-32-729. Transformational affordable housing through local investments - grant program - investments eligible for funding - report - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Community partner means a nonprofit organization that undertakes any of the activities or services described in subsection (2)(b) of this section.
(b) Department means the department of local affairs.
(c) Eligible recipient means a local government or a community partner that applies for a grant through the grant program.
(d) Fund means the local investments in transformational affordable housing fund created in subsection (4)(a) of this section.
(e) Grant program means the local investments in transformational affordable housing grant program created in subsection (2)(a) of this section.
(f) Local government means a county, municipality, city and county, tribal government, special district organized under title 32, school district, district, housing authority, council of governments, a regional planning commission organized under title 30, or any other political subdivision of the state.
(g) Match means monetary and nonmonetary contributions to a project.
(2) Creation of the grant program - projects or programs eligible for funding. (a) There is created in the division the local investments in transformational affordable housing grant program to provide grants to eligible recipients to enable such entities to make investments in their communities or regions of the state in transformational affordable housing and housing related matters in accordance with the requirements of this section. The division shall administer the grant program.
(b) The division may award grants under the grant program to support investments by eligible recipients in projects or programs that:
(I) Develop and integrate infrastructure tied to an affordable housing development, including funding for capital construction and the cost of infrastructure design;
(II) Provide gap financing for housing development projects including but not limited to transactions under the federal low-income housing tax credit and the affordable housing tax credit created in section 39-22-2102 (1) and for the purchase or conversion of existing affordable housing and multifamily developments, land, and buildings, particularly in communities where efforts have been made to encourage affordable housing development or in communities in which low concentrations of affordable housing exist;
(III) Increase new affordable for-sale housing stock by providing funding to assist with the costs of construction, including but not limited to construction costs, land acquisition costs, tap fees, building permits, and impact fees;
(IV) Maintain existing affordable housing through funding for preservation, restoration through rehabilitation, retrofitting, renovation, capital improvements, the repair of current affordable housing stock, including housing made available under 42 U.S.C. sec. 1437f, and public housing for populations and households disproportionately impacted by the COVID-19 pandemic with commitments for long-term affordability. These investments may include but are not limited to:
(A) Senior housing;
(B) Remediation of low-quality and condemned properties;
(C) Housing units that are integrated into nonsegregated housing units that are specifically designed for people living with disabilities;
(D) The purchase and transition of current housing stock, including properties currently in use on a short-term rental basis, into affordable housing on a long-term basis; and
(E) The provision of time-limited rental assistance for households disproportionately impacted by the COVID-19 pandemic and at-risk of losing their home or in need of rapid re-housing, including funding for outreach, housing navigation assistance, and legal services;
(V) Finance energy improvements in single-family and multifamily affordable housing that will provide funding for incremental, up-front costs for efficient, electric measures and renewable energy systems for both existing homes and rental units and new housing construction;
(VI) Provide or maintain property conversion for transitional or long-term housing;
(VII) Provide or maintain permanent supportive housing and supportive services;
(VIII) Provide or maintain land banking and land trust strategies for long-term affordable housing planning and development; and
(IX) Provide or maintain funding for eviction legal defense.
(3) Policies, procedures, and guidelines. (a) On or before September 1, 2022, the division shall adopt policies, procedures, and guidelines for the grant program that include, without limitation:
(I) The process by which a local government or community partner applies for a grant award and the criteria used to determine eligibility for a grant award;
(II) Procedures and time lines by which an eligible recipient may apply for a grant;
(III) Performance criteria for grant recipients' projects;
(IV) Reporting requirements for grant recipients; and
(V) Requirements for grant recipients to offer a match in resources.
(a.5) The application process for the grant program must be in accordance with the process set forth in section 24-32-705.7. On or before September 1, 2024, the division shall amend any policies, procedures, and guidelines for the grant program that are not consistent with the application process set forth in section 24-32-705.7.
(b) In awarding grants, the division shall prioritize projects or programs that, to the greatest extent practicable, promote one or more of the following goals and objectives:
(I) Increase the supply of housing in urban, rural, and rural resort communities across the state that is proportional to each community's demonstrated need through:
(A) A preference for mixed-income projects in which a percentage of units, proportional to the demonstrated housing needs of the local community, within a particular development have restricted availability to households at and below the income levels specified in subsection (3)(c) of this section. The percentage of restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1);
(B) Developments in which housing units are restricted at income levels demonstrated by local community needs as specified in subsection (3)(c)(I) of this section;
(C) Transit oriented development;
(D) The inclusion of housing units that are restricted for rental usage to persons with disabilities or that include universal design features that allow individuals to continue to reside in their dwelling units as they age; or
(E) Housing that is restricted to the victims of domestic violence or sexual assault;
(II) Leverage capital and operating subsidies from various public and private sources;
(III) Create opportunities to build intergenerational wealth for families;
(IV) Promote the long-term affordability of any developments or projects that are funded by the grant program;
(V) Involve the purchase of real property necessary to secure land areas needed for future development; or
(VI) Represent a one-time funding proposal to the state with minimal or no multi-year financial obligations and contribute to the overall well-being and professional and recreational needs of the local workforce and population.
(c) The rental and home ownership targets applicable to local communities across the state as required by subsection (3)(b)(I) of this section are specified in subsection (3)(c)(I) of this section in accordance with the following:
(I) (A) For a household residing in housing on a rental basis in urban counties, housing must be targeted to households with an annual income that is at or below eighty percent of the area median income of households of that size in the county in which the housing is located.
(B) For a household residing in housing on a rental basis in rural counties, housing must be targeted to households with an annual income that is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located.
(C) For a household residing in housing on a rental basis in rural resort counties, housing must be targeted to households with an annual income that is at or below one hundred seventy percent of the area median income of households of that size in the county in which the housing is located.
(D) For a household residing in housing on a home ownership basis in any area of the state, housing must be targeted to households with an annual income that is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located.
(II) Not later than September 1, 2022, the division shall classify each county in the state as urban, rural, or rural resort, as those terms are used in this section, based upon definitions of the terms as specified in the final report of the Colorado strategic housing working group final report dated July 6, 2021. The division shall regularly update and publish modification of the initial classification of a particular county as it receives information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.
(III) Notwithstanding subsection (3)(c)(I) or (3)(c)(II) of this section, any county or municipality may request from the division:
(A) A determination that a different income restriction should apply to that county or municipality from the one made applicable to the county or municipality in accordance with subsection (3)(c)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division shall publish any such modified income restrictions and the basis for any modification approved.
(B) At any time, a reclassification of the county or municipality from the category in which the county or municipality is initially classified pursuant to subsection (3)(c)(II) based upon the unique economic and housing cost factors present in the county or municipality.
(d) The division shall either create or utilize an existing process that ensures that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients.
(e) In determining grant amounts, the division shall seek to increase investments in for-sale housing stock. The objective described in this subsection (3)(e) may be achieved by providing grants under the grant program that are layered with awards under existing state grant programs to increase subsidies on a per-unit basis.
(f) Notwithstanding any other provision of this section:
(I) Through December 31, 2023, the division shall make not more than fifty percent of the money available under the grant program for grant applications, developments, or programs that are proposed for rural or rural resort counties across the state and shall make not more than fifty percent of the funds available under the grant program for grant applications, developments, or programs that are proposed for urban counties across the state.
(II) After December 31, 2023, all unencumbered money available under the grant program may be expended in accordance with this section in any area of the state without regard to the restrictions specified in subsection (3)(f)(I) of this section.
(III) Not later than July 15, 2023, the division shall submit a report to the general assembly specifying the state of encumbered money under the grant program as of June 30, 2023, and a list of projects that have been approved but that are awaiting funding as of June 30, 2023.
(g) In light of differing needs for per housing unit subsidies across different areas of the state, the division may waive per unit subsidy amounts that have been initially set for particular projects or programs to adjust for market factors if the purpose of the project has been accomplished or to satisfy the intent of the grant award.
(h) Notwithstanding any other provision of this section, the amount of any grant award under the grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.
(i) To mitigate the severe housing challenges in rural communities and rural resort communities, a project in a rural community or rural resort community that is subsidized by a grant award may prioritize providing affordable housing for enrolled postsecondary students, local college district employees, and local government employees in buildings on land owned and controlled by a local college district.
(4) Funds. (a) The local investments in transformational affordable housing fund is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (4)(c) of this section; money appropriated to the fund by the general assembly; and any gifts, grants, or donations from any public or private sources, including governmental entities, that the division is authorized to seek and accept.
(b) The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. Except as otherwise required by this subsection (4)(b), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, must remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section. Any money in the fund that originates from the money the state received from the coronavirus state fiscal recovery fund that is not expended or obligated by December 30, 2024, reverts to the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 (2) in accordance with section 24-75-226 (4)(d).
(c) On June 1, 2022, or as soon as practicable thereafter, the state treasurer shall transfer one hundred thirty-eight million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund to the fund. The money transferred pursuant to this subsection (4) must only be used for:
(I) Making grants to eligible recipients pursuant to the grant program; and
(II) The costs of administering the grant program as may be incurred by the division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in administering the grant program. All such administrative costs must be paid out of the money transferred to the fund pursuant to this subsection (4)(c).
(d) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund seventeen million five hundred twenty-two thousand five hundred ninety dollars and fifty-five cents that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.
(5) Reporting. (a) In connection with the public report the division prepared in accordance with section 24-32-705.5 (1), for the report prepared in 2023 and 2024, the division shall include in the report information summarizing the use of all of the money that was awarded as grants from the grant program in the preceding state fiscal year. At a minimum, the information included in the report pertaining to the grant program must specify the number of local governments or community partners that applied for a grant award, including the number of local governments or community partners that were not awarded a grant; the amount of grant money distributed to each grant recipient; a description of each grant recipient's use of the grant money; and how the use of the grant awarded furthered the vision of transformational affordable housing described in the final report of the task force established in section 24-75-229 (6)(a). The division shall also include in the report its recommendations concerning future administration of the grant program.
(b) The division and any person that receives money from the division pursuant to the grant program shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(6) Repeal. This section is repealed, effective December 31, 2026.
Source: L. 2022: Entire section added, (HB 22-1304), ch. 290, p. 2072, § 2, effective June 1. L. 2024: (4)(b) amended, (HB 24-1466), ch. 429, p. 2938, § 19, effective June 5; (3)(a.5) added, (HB 24-1308), ch. 295, p. 2014, § 8, effective August 7; (3)(i) added, (HB 24-1131), ch. 65, p. 217, § 3, effective August 7. L. 2025: (4)(d) added, (SB 25-312), ch. 301, p. 1536, § 9, effective May 30.
Cross references: For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
24-32-730. Ridge View Supportive Residential Community at the Ridge View campus - report - legislative declaration. (1) Legislative declaration. (a) The general assembly hereby finds, determines, and declares that:
(I) As the United States department of housing and urban development stated after the passage of the American Rescue Plan Act of 2021, the COVID-19 pandemic has exacerbated our nation's already severe housing affordability crisis;
(II) Today, one in five renters is behind on rent and just over ten million home owners are behind on mortgage payments;
(III) People of color face even greater hardships and are more likely to have deferred or missed payments, putting them at a greater risk of eviction and foreclosure;
(IV) At the same time, our nation's homelessness crisis has worsened during the pandemic, as people experiencing homelessness are highly vulnerable to COVID-19 transmission, illness, and severity due to their use of congregate shelters and their high prevalence of underlying health conditions;
(V) Colorado is no exception, as the COVID-19 pandemic has hit low- and extremely low-income individuals and families who were already severely cost-burdened, increasing their risk of experiencing homelessness or inability to resolve their homelessness;
(VI) In the Denver metro area alone, shelters saw a ninety-nine percent increase in people experiencing homelessness for the first time from January 2020 to January 2021; and
(VII) The number of deaths due to overdose among people experiencing homelessness in the city and county of Denver increased by thirty-four percent from 2020 to 2021.
(b) The general assembly further finds and declares that:
(I) The Ridge View campus, that formerly operated as the Ridge View Youth Services Center, is no longer being used as of July 1, 2021, and the state has the opportunity to repurpose the campus to ensure that it continues to support Coloradans most in need;
(II) Converting the Ridge View campus into a recovery-oriented community for individual adults without stable housing who wish to focus on recovery from a substance use disorder will provide low-barrier access to comprehensive care and treatments and will allow people to recover and heal in a safe and stable environment;
(III) The Ridge View Supportive Residential Community at the Ridge View campus will include multiple components to provide comprehensive support across a continuum of substance use recovery treatments and programming, and the goal will be to have individuals leave the Ridge View Supportive Residential Community in active recovery and improved health so they can transition to stable housing and community-based supports, as well as employment where possible;
(IV) While the Ridge View campus will serve an important need as a recovery-oriented community pursuant to this section, the state continues to experience a youth mental health crisis. Colorado remains committed to addressing the behavioral health crisis through collaboration across state government to ensure that children have access to the care they need in the most appropriate setting.
(V) Providing support and programming pursuant to this section at the Ridge View Supportive Residential Community is an important government service.
(2) Administration. (a) Beginning July 1, 2022, the Ridge View campus is designated as a supportive residential community for people experiencing homelessness that shall be known as the Ridge View Supportive Residential Community. The purpose of the Ridge View Supportive Residential Community is to provide transitional housing, a continuum of behavioral health services and treatment, medical care, vocational training, and skill development for the residents and the general public. The department of human services shall transfer ownership of all or part of the Ridge View campus to the department of personnel for use by the division of housing for the purposes of this section. The department of human services may retain ownership of any vacant portion of the Ridge View campus that is not required for the purposes specified in this section and use, or allow another state agency to use, any such portion of the Ridge View campus for any other lawful purpose.
(b) The division, in collaboration with the behavioral health administration, created in part 2 of article 60 of title 27, and the department of human services, shall develop a feasible master plan for the redevelopment and operation of the Ridge View campus into the Ridge View Supportive Residential Community, including a financial plan for start-up and ongoing operational costs. The division shall enter into one or more contracts with public or private contractors to establish the community. The contractor or contractors selected by the division must be experienced in providing statewide integrated housing, health care, recovery treatment, and supportive service programs for people experiencing homelessness or similar populations.
(c) The Ridge View Supportive Residential Community shall provide food and room and board to each individual while residing at the community at no cost to the individual.
(d) The department of human services, in partnership with the behavioral health administration and the department of health care policy and financing, will work to ensure that youth bed capacity will be created elsewhere in a manner that most appropriately serves the mental health needs of Colorado's youth.
(3) Transitional housing program. (a) The Ridge View Supportive Residential Community shall provide transitional housing for individual adults for up to two years with case management, care coordination, and vocational and housing placement assistance. In alignment with best practices, the transitional housing program shall provide case managers and peer supports at an average ratio of one case manager for every fifteen transitional housing residents.
(b) The transitional housing program shall:
(I) Focus on person-centered goal planning and care coordination;
(II) Connect individuals to permanent housing options in their community of choice;
(III) Provide employment assistance such as career and technical education and individual placement and support; and
(IV) Connect individuals to safety-net programs for which they are eligible, such as SNAP, Medicaid, SSI, SSDI, TANF, housing voucher programs, and unemployment insurance benefits.
(4) Substance use recovery treatment and services. The Ridge View Supportive Residential Community shall provide a continuum of care informed by American Society of Addiction Medicine standards, which shall be available to people coming from the transitional housing program and to the general public deemed to be in medical need of the care.
(5) Federally qualified health center. The Ridge View Supportive Residential Community shall provide a federally qualified health center, as defined in the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(4), or other primary care clinic, at which people have access to medical treatments that help facilitate recovery, including medical and dental care and a continuum of behavioral health services. The health center and all treatment services provided by the center shall be accessible to people in the transitional housing program and to members of the general public deemed to be in medical need of the treatment.
(6) Eligibility (a) To be eligible to reside in and receive services at the transitional housing program, an individual must be:
(I) Experiencing homelessness or be at risk of experiencing homelessness;
(II) Choosing to focus on recovery voluntarily; and
(III) In a position where it is medically safe for the individual to be in transitional housing.
(b) The Ridge View Supportive Residential Community shall prioritize access for individuals based on need, the length of time the individual has been experiencing homelessness, with priority for individuals who have been experiencing homeless for the longest period, and the frequency with which the individual uses public systems, with priority for individuals who are the most frequent users of such systems.
(7) Referral coordination. The organization or organizations that administer the Ridge View Supportive Residential Community shall work with local providers across the state to set up a referral system for clients to live at the community. The referral system shall emphasize the criteria specified in subsection (6) of this section, coordinate transportation to and from the Ridge View Supportive Residential Community, and assist individuals in the transition back to the general community after residing at the Ridge View Supportive Residential Community.
(8) Source of money for repurposing the Ridge View campus. (a) For the 2022-23 state fiscal year, the general assembly shall appropriate forty-five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the division for the purposes of this section. Any money appropriated in the 2022-23 state fiscal year that is not encumbered or expended at the end of that state fiscal year remains available for expenditure by the division in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as specified in section 24-75-226 (4)(d).
(b) The division may use up to ten percent of the amount appropriated pursuant to this section for its costs associated with administering the requirements of this section, including the requirements specified in subsection (2)(b) of this section.
(c) The division shall use up to ten percent of the amount appropriated pursuant to subsection (8)(a) of this section for its costs in connection with transportation.
(9) Reporting requirement. (a) The division shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(b) In addition to the reporting requirements specified in subsection (9)(a) of this section, the division shall prepare an annual report regarding the operations of the Ridge View Supportive Residential Community, including an update on the implementation of this section, the success of the programs required by subsections (3), (4), and (5) of this section, the number of people who have received services at the Ridge View Supportive Residential Community, the contractors that the division selected to establish and operate the Ridge View Supportive Residential Community pursuant to subsection (2)(b) of this section, and any other information deemed relevant by the division. The division shall submit the report to the committees of reference of the senate and the house of representatives that have oversight over local affairs. In addition, the division shall update its committee of reference as a part of its presentation at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, regarding the implementation of this section and the operation of the Ridge View Supportive Residential Community. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9)(b) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-211), ch. 288, p. 2059, § 2, effective May 31. L. 2024: (3)(b)(III) amended, (HB 24-1450), ch. 490, p. 3417, § 47, effective August 7.
24-32-731. Revolving loan fund - eligible projects - report - definitions - legislative declaration. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Administrator means a third-party entity or entities that the division contracts with to administer all or any part of the loan program pursuant to subsection (2)(b) of this section.
(b) Community partner means a nonprofit organization that undertakes any of the activities or services described in subsection (3) of this section.
(c) Department means the department of local affairs.
(d) Eligible recipient means a local government, a for-profit developer, a community partner, or a political subdivision of the state that applies for a loan through the loan program.
(e) Fund means the transformational affordable housing revolving loan fund created in subsection (9)(a) of this section.
(f) Loan program means the transformational affordable housing revolving loan fund program created in subsection (2)(a) of this section.
(g) Local government means a county, municipality, city and county, tribal government, special district organized under title 32, school district, district, or a housing authority created under part 2 of article 4 of title 29.
(2) Creation of loan program - administration. (a) The transformational affordable housing revolving loan fund program is hereby created in the division as a revolving loan program in accordance with the requirements of this section and the policies established by the division pursuant to subsection (5) of this section. The loan program is established to provide flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in subsection (3) of this section.
(b) The division may administer the loan program or, if it determines that it would be more efficient and effective to contract out full or partial administration of the program, it may enter into a contract with a business nonprofit organization, bank, nondepository community development financial institution, business development corporation, nonprofit organization that administers gap financing, construction, or mortgage loan programs, or other entity as determined by the division to administer the loan program in whole or in part. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the loan program. The division may advance money to an entity under a contract in preparation in the form of a grant or payment for issuing loans and administering the loan program.
(c) The division may work with the Colorado housing and finance authority, created in section 29-4-704 (1), to assist in offering loans under the loan program.
(d) Any loan made under the loan program by the state, any department, division, or agency of the state, or any administrator to a district, as defined in section 20 (2)(b) of article X of the state constitution, must either be approved by the voters of the district in accordance with section 20 (4)(b) of article X of the state constitution or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under section 20 (4)(b) of article X of the state constitution.
(3) Eligible loan projects. In order to receive loan funding under the loan program, the project for which the loan applicant seeks loan funding must do one or more of the following:
(a) Develop and integrate housing-related infrastructure to offset construction and predevelopment costs;
(b) Provide gap financing for housing development, including transactions under the federal low-income tax credit defined in section 39-22-2101 (7) and the affordable housing tax credit created in section 39-22-2102 (1). For purposes of this subsection (3)(b), gap financing includes financing mechanisms that allow persons seeking affordable housing to purchase existing affordable housing, multi-family structures, land, and buildings, particularly in communities where efforts have been made to encourage affordable housing development or in communities in which low concentrations of affordable housing exist.
(c) Increase the supply of new affordable for-sale housing stock by providing funding to assist with the cost of construction, including but not limited to costs associated with construction costs, land acquisition, tap fees, building permits, or impact fees;
(d) Maintain existing affordable housing through funding for the preservation and restoration of affordable housing stock through rehabilitation, retrofitting, renovation, capital improvements, and repair of current affordable housing stock, including housing made available under 42 U.S.C. sec. 1437f and affordable housing for populations and households disproportionately impacted by the COVID-19 pandemic with commitments for long-term affordability. The uses covered by this subsection (3)(d) must include investments in one or more of the following:
(I) Senior housing;
(II) The purchase of and the remediation of low-quality or condemned properties;
(III) Housing units, integrated into nonsegregated housing developments, specifically designed for people living with disabilities;
(IV) Weatherization and energy improvements to multi-family and singe-family residents to maintain and improve the quality of affordable homes and rental units;
(V) The purchase and transition of current housing stock into affordable housing, including properties currently in use on a short-term rental basis;
(VI) Programs or initiatives to ensure that existing housing remains affordable for local workforce or community households;
(VII) Land acquisition for affordable housing;
(VIII) Property conversion and adaptive reuse; or
(IX) Permanent supportive housing;
(e) Finance energy improvements in affordable housing, which will provide funding for incremental up-front costs for efficient, electric measures, and renewable energy systems for both existing buildings and new housing construction;
(f) Create permanently or long-term affordable homeownership opportunities.
(4) Loan program goals. (a) The loan program must be administered with a goal of generating enough return on loans made under the loan program to replenish the loan program for future loan allocations.
(b) All loans financed through the loan program must offer flexible terms and low-interest and below-market rates.
(5) Loan program policies - eligibility for loan funding. (a) The division or the administrator, as applicable, shall establish and publicize policies for the loan program. At a minimum, the policies must address:
(I) The process and deadlines for applying for and receiving a loan under the loan program, including the information and documentation required for a loan application;
(II) Eligibility criteria for individuals or entities applying for a loan under the loan program;
(III) The maximum assistance levels for loans;
(IV) Loan terms, including interest rates and repayment terms;
(V) Reporting requirements for loan recipients;
(VI) Loan program fees, including the application fee, origination fee, and closing cost policies;
(VII) Underwriting and risk management policies;
(VIII) The amount of any application or origination fees and closing cost policies;
(IX) The means by which eligible recipients who face barriers in establishing borrower relationships with traditional lenders will be informed of the loan program and encouraged to apply for a loan financed through the loan program; and
(X) Any additional requirements that the division deems necessary to administer the loan program.
(a.5) The application process for the loan program must be in accordance with the process set forth in section 24-32-705.7. On or before September 1, 2024, the division shall amend any policies, procedures, and guidelines for the grant program that are not consistent with the application process set forth in section 24-32-705.7.
(b) (I) In connection with the policies for the loan program that the division or the administrator is required to establish and publicize pursuant to subsection (5)(a) of this section, the policies must specify that, in order for an eligible recipient to obtain loan funding directly from the division, an eligible recipient must follow procedures that shall be specified by the division to document the amount of leveraged funds proposed or committed as part of a loan application and the amount of funding sought from other sources, including demonstrated efforts by the eligible recipient to obtain financing for loan funding from financial institutions.
(II) Notwithstanding any other provision of law, a lien filed by the division, is superior only to any other lien placed on the same assets that is filed later in time except for a lien for unpaid property taxes.
(6) Prioritization criteria. (a) The general assembly hereby encourages the division, to the extent practicable, in reviewing loan applications, to consider prioritizing applications for projects that:
(I) Increase the supply of housing in communities across the state in proportion to each community's demonstrated housing needs through:
(A) A preference for mixed-income projects in which a percentage of units, proportional to the demonstrated housing needs of the local community, within a particular development have restricted availability to households at and below the income levels specified in subsection (6)(b)(I) of this section. The percentage of restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1).
(B) Developments in which housing units are restricted at income levels demonstrated by local community needs as specified in subsection (6)(b)(I) of this section;
(II) Are located in or serve communities that:
(A) Face barriers to accessing capital from traditional sources;
(B) Have suffered significant negative financial or other impacts resulting from the COVID-19 pandemic; or
(C) Are otherwise underserved;
(III) Align with other state economic development efforts;
(IV) Create permanently affordable home ownership opportunities;
(V) Ensure the long-term affordability of any development or projects funded by the loan program;
(VI) Include units that are restricted for rental usage to persons with disabilities or that include universal design features that allow individuals to reside in their dwelling units as they age; or
(VII) Are highly energy efficient or use high-efficiency electric equipment for space and water heating. The division may consult with the Colorado energy office created in section 24-38.5-101 (1) to develop criteria for meeting the objectives described in this subsection (6)(a)(VII).
(b) (I) The rental and home ownership targets applicable to local communities across the state as required by subsection (6)(a)(I) of this section are specified in this subsection (6)(b)(I) in accordance with the following:
(A) For a household residing in housing on a rental basis, annual income of the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;
(B) For a household residing in housing on a home-ownership basis, annual income of the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;
(C) For a household residing in housing on a rental basis in rural resort counties, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; and
(D) For a household residing in housing on a home ownership basis in rural resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.
(II) An applicant seeking funding for a particular development, project, or program that is funded by the loan program may, at any time, request that the division grant the applicant an exception to the area median income levels specified in subsection (6)(b)(I) of this section based upon demonstrated unique economic and housing costs attributes in the local community in which the development, project, or program is located.
(c) (I) Not later than September 1, 2022, the division of housing, created in section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort as used in subsection (6)(b)(I) of this section based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.
(II) Notwithstanding subsection (6)(c)(I) of this section, any county may request from the division of housing:
(A) A determination that a different income restriction should apply to that county from the one made applicable to the county in accordance with subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.
(B) At any time, a reclassification of the county from the category in which the county is initially classified pursuant to subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county.
(d) To the extent practicable, the division and the administrator, as applicable, shall support innovative funding mechanisms that allow money to revolve quickly to ensure the rapid reuse of money for ongoing projects.
(7) Publicizing the loan program. The division shall work with the minority business office created in section 24-49.5-102, small business development centers, community development financial institutions, and stakeholder partners to promote the program to eligible recipients who primarily serve communities that are underserved or disadvantaged, including eligible recipients located in rural counties. On or before December 1, 2022, the division shall develop and administer a marketing initiative for the program in coordination with the minority business office created in section 24-49.5-102, the small business assistance center created in section 24-48.5-102, local chambers of commerce, and other local and regional economic development entities to promote the program to eligible recipients and target communities. The marketing initiative shall be conducted in the top spoken languages in those communities.
(8) Gifts, grants, and donations - leveraging federal money. (a) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(b) The division may expend, deploy, or leverage money received from federal government programs that support loans and investments for one or more of the eligible projects specified in subsection (3) of this section to make loans under the loan program or to otherwise market, promote, or support loans under the program, if allowed under federal law.
(9) Transformational affordable housing revolving loan fund - transfer of money to fund - payment of administrative costs - appropriation. (a) The transformational affordable housing revolving loan fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (9)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (8)(a) of this section.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the department for the purposes specified in this section. The department may expend up to five percent of the money appropriated or transferred into, or repaid from, the fund on an annual basis to pay for its direct and indirect costs in administering this section.
(d) On July 1, 2022, the state treasurer shall transfer one hundred fifty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from the general fund, to the fund. The division shall use the money transferred pursuant to this subsection (9)(d) only for:
(I) Making loans to eligible recipients pursuant to the loan program; and
(II) The costs of administering the loan program as may be incurred by the division or the administrator, as applicable, in accordance with subsection (9)(c) of this section. All such administrative costs must be paid out of the money either transferred to the fund pursuant to this subsection (9)(d) or that is appropriated to the fund.
(10) Reporting. In connection with the public report the division prepares in accordance with section 24-32-705.5 (1), the division shall include in the report information summarizing the use of all of the money that was provided as a loan from the loan program in the preceding state fiscal year. At a minimum, the information included in the report pertaining to the loan program must specify the number of eligible recipients that applied for a loan, the number of eligible recipients that were not awarded a loan, the amount of loan money distributed to each loan recipient, a description of each loan recipient's use of the loan money, the use of loan money along the housing and income spectrums, the amount of time from completion of a loan application through the funding of a loan, recommendations concerning future administration of the loan program, and how the use of the loan furthered the vision of transformational affordable housing described in the final report of the task force established in section 24-75-229 (6)(a). The division shall also include in the report its recommendations concerning future administration of the loan program.
Source: L. 2022: Entire section added, (SB 22-159), ch. 230, p. 1698, § 2, effective May 26. L. 2024: (5)(a.5) added, (HB 24-1308), ch. 295, p. 2014, § 9, effective August 7.
Cross references: For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.
24-32-732. Connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program - funding - report - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Community partner means a nonprofit organization that undertakes any of the activities or services described in subsection (2)(c) of this section.
(b) Department means the department of local affairs.
(c) Eligible recipient means a local government or a community partner that applies for a grant through the grant program.
(d) Fund means the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund created in subsection (5)(a) of this section.
(e) Grant program means the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program created in subsection (2)(a) of this section.
(f) Local government means a county, municipality, city and county, tribal government, special district organized pursuant to title 32, school district, district, housing authority, council of governments, regional planning commission organized pursuant to title 30, or any other political subdivision of the state.
(g) Match means monetary and nonmonetary contributions to a project.
(2) Creation of the grant program - projects or programs eligible for funding. (a) There is created in the division the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program to provide grants to eligible recipients to enable them to make investments or improvements in their communities or regions of the state to:
(I) Quickly connect people experiencing homelessness to services, vocational opportunities, recovery care, and temporary and permanent housing in accordance with the requirements of this section; and
(II) Ensure Colorado has a community-based continuum of responses for people experiencing homelessness, including outreach support, emergency shelters, transitional housing, recovery care and related residential programs, training and employment service programs, and permanent housing with wraparound supportive services.
(b) The division shall administer the grant program.
(c) The division may award grants under the grant program to support eligible recipients in projects or programs that:
(I) Provide gap financing for the purchase or conversion of underutilized properties in communities where efforts have been made to encourage conversion of underutilized properties into transitional or supportive housing that provides wraparound services;
(II) Provide supportive services so long as the supportive services meet the grant program goals outlined in subsection (4) of this section. Such supportive services include those described in 42 CFR 578.53, or any successor regulation, and those determined by the division. Funds may be used to provide supportive services in conjunction with capital improvements and housing development projects or as standalone services that are provided to an individual through a service provider.
(III) Invest in data collection, management, and analysis processes to understand the scale of the need throughout the state and whether the activities and investments through this grant and other statewide programs could be effective at reducing the number of people experiencing homelessness;
(IV) Support the coordination and integration of systems to help connect people experiencing homelessness with services and programs that best fit their individual needs; and
(V) Fund housing development projects and homeless response programs that include but are not limited to:
(A) Emergency homeless shelters;
(B) Transitional and bridge housing;
(C) Long-term housing;
(D) Permanent supportive housing with supportive services;
(E) Recovery care and related residential programs;
(F) Affordable home ownership assistance;
(G) Affordable rental housing, including security deposit assistance;
(H) Educational and vocational opportunities; and
(I) Work-based learning opportunities.
(d) In order to receive a grant, an eligible recipient must provide a match in resources, as determined by the division.
(3) Policies, procedures, and guidelines. (a) The division shall develop policies, procedures, and guidelines for the grant program that, without limitation:
(I) Determine how grants funded by the grant program must be used;
(II) Establish criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:
(A) The potential impact of a project that an eligible recipient funds with a grant award and how the project meets the goals of the grant program; and
(B) Best practices, data, and regional and local collaboration.
(III) Establish the procedures and timelines by which an eligible recipient may apply for a grant;
(IV) Require grant recipients to offer a match;
(V) Require eligible recipients to demonstrate how the grant funds will be used to increase housing and economic security for individuals being served through the grant program activities and efforts;
(VI) Establish reporting requirements for grant recipients;
(VII) Establish performance criteria for grant recipients' projects;
(VIII) Provide any additional requirements that the division deems necessary to administer the grant program; and
(IX) Demonstrate the ability to leverage private capital, when possible.
(b) Notwithstanding any other provision of this section, the amount of any grant awarded under the grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.
(4) Grant program goals. The grant program must be administered with the goal of reducing the rate and experience of homelessness by supporting communities to develop and implement adequate support systems to effectively respond to the barriers people experiencing homelessness face.
(5) Connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund - transfer of money to the fund - appropriation. (a) The connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund is created in the department. The fund consists of money transferred to the fund in accordance with subsection (5)(d) of this section; money transferred to the fund from the ARPA refinance state money cash fund pursuant to section 24-75-226.5; money appropriated to the fund by the general assembly; and any gifts, grants, or donations from any public or private sources, including governmental entities, that the division is authorized to seek and accept.
(b) The department shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. All money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the department for the purposes specified in this section.
(c) The division may seek, accept, and expend gifts, grants, or donations from any public or private resource for the purposes of this section. The division shall transmit all money received from gifts, grants, or donations to the department, and the department shall credit the money to the fund.
(d) Within three business days of May 31, 2022, the state treasurer shall transfer one hundred five million dollars from the economic recovery and relief cash fund created in section 24-75-228 that originates from the money the state received from the federal coronavirus state fiscal recovery fund to the fund for the purpose of implementing this section. The department shall only use the money transferred pursuant to this subsection (5)(d), and any money transferred to the fund that originates from the ARPA refinance state money cash fund that is substituted for money transferred from the economic recovery and relief cash fund pursuant to this subsection (5)(d), for:
(I) Making grants to eligible recipients pursuant to the grant program; and
(II) The costs of administering the grant program as may be incurred by the division. The division may expend up to seven percent of the money appropriated or transferred to the fund to pay for the direct and indirect costs in administering the grant program. All administrative costs must be paid out of the money transferred to the fund pursuant to this subsection (5)(d)(II).
(e) The division may expend up to five million dollars of the money appropriated to the fund for data collection and outreach efforts detailed in subsection (2)(c)(III) of this section.
(f) Money spent pursuant to this subsection (5) must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The division shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(g) The expenditures made pursuant to this section constitute government services.
(g.5) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund nine million three hundred thirty-four thousand eight hundred seventy-two dollars and ninety-nine cents that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.
(h) This subsection (5) is repealed, effective December 31, 2026.
(6) Reporting. (a) The division shall include in the public report the division prepares in accordance with section 24-32-705.5 (1) information summarizing the use of all the money that was awarded as grants from the grant program in the preceding state fiscal year. At a minimum, the information must specify:
(I) The number of local governments or community partners that applied for a grant, including the number of local governments or community partners that were not awarded a grant;
(II) The amount of the grant money distributed to each grant recipient;
(III) A description of each grant recipient's use of the grant money;
(IV) How the use of the grant awarded furthered the goals of the grant program described in subsection (4) of this section; and
(V) Recommendations concerning further administration of the grant program.
(b) The division and any entity that receives money from the division shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(c) In the 2023 legislative session, the department, in conjunction with the department of health care policy and financing, shall share any results, recommendations, and federal implications concerning any current supportive housing pilot programs being administered by the department and division and the department of health care policy and financing as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing pursuant to section 2-7-203. In the 2023 legislative session, the department and the department of health care policy and financing shall submit a report detailing any such results, recommendations, and federal implications concerning any current supportive housing pilot programs being operated by the department and division and the department of health care policy and financing to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or any successor committees.
(7) Repeal. This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (HB 22-1377), ch. 285, p. 2040, § 2, effective May 31. L. 2024: (5)(a), IP(5)(d), and (5)(f) amended, (HB 24-1466), ch. 429, p. 2939, § 20, effective June 5. L. 2025: (5)(g.5) added, (SB 25-312), ch. 301, p. 1536, § 10, effective May 30.
Cross references: For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
24-32-733. Task force on corporate housing ownership - creation - membership - issues of study - additional duties - report - compensation - staff support - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Corporation has the meaning set forth in section 7-90-102 (10).
(b) Task force means the task force on corporate housing ownership created in subsection (2)(a) of this section.
(2) Creation - membership. (a) The task force on corporate housing ownership is created in the state demography office in the department of local affairs. The task force consists of the following members, appointed as follows:
(I) The speaker of the house of representatives shall appoint:
(A) One member of the house of representatives;
(B) One member who has significant professional experience with labor and workforce issues;
(C) One member who represents a statewide trade association of banks and other lenders; and
(D) One member who has significant professional experience as a county clerk and recorder;
(II) The president of the senate shall appoint:
(A) One member of the senate;
(B) One member who has significant professional experience as a mortgage broker;
(C) One member who has significant professional experience advocating for housing rights; and
(D) One member who has significant professional experience as a county assessor;
(III) The minority leader of the senate shall appoint two members, one of whom represents a statewide trade association of banks or other lenders and one of whom represents a statewide real estate association; and
(IV) The executive director of the department of local affairs shall appoint one member who represents the department.
(b) The appointing authorities shall make each of the initial appointments described in subsection (2)(a) of this section no later than thirty days after August 7, 2023.
(c) Any vacancy that occurs among the appointed members of the task force shall be filled by the appropriate appointing authority as soon as practicable in accordance with subsection (2)(a) of this section.
(d) In making appointments to the task force, the appointing authorities shall ensure that the membership of the task force:
(I) Reflects the ethnic, cultural, and gender diversity of the state;
(II) Includes representation from different geographic regions of the state, including urban, rural, and resort communities; and
(III) To the extent practicable, includes persons with disabilities.
(e) Not later than sixty days after August 7, 2023, the speaker of the house of representatives shall designate a member of the task force to serve as the chair of the task force.
(3) Issues for study. (a) The task force shall:
(I) Examine housing ownership by corporate entities and residential real estate transactions by corporate entities in Colorado since January 1, 2008, including purchases resulting from foreclosures;
(II) Determine a methodology by which to examine the impacts of corporate acquisition and ownership of residential property, with a focus on single-family homes, condominiums, and townhomes;
(III) Gather and analyze data, reports, and public records related to corporate ownership of housing;
(IV) Make legislative recommendations, pursuant to subsection (4)(d) of this section, to mitigate any negative impacts related to corporate ownership of housing that are identified by the task force; and
(V) Report, pursuant to subsection (4)(d) of this section, to the specified legislative committees certain information concerning the impacts of corporate ownership of housing.
(b) In examining the impacts of corporate ownership of housing units, the task force may consider the extent to which corporate ownership of housing units correlates with:
(I) Increased vacancy rates;
(II) Decreased housing availability;
(III) Decreased home-buying opportunities for first-time home buyers;
(IV) Increased displacement;
(V) Increased residential property prices;
(VI) Increased nonresident ownership;
(VII) Increased rates of foreclosures; and
(VIII) Any other factors deemed appropriate by the task force.
(c) The task force must identify, to the extent practicable, trends in corporate homeownership in relation to:
(I) Housing type;
(II) Geography based on zip codes;
(III) Property values;
(IV) Neighborhood characteristics; and
(V) Any other factors deemed appropriate by the task force.
(d) The task force may identify and report on, to the extent practicable, any corporate entities that purchase or own a disproportionate or outsized market share of housing units in the state.
(4) Additional duties of the task force. The task force shall:
(a) Meet on or before December 1, 2023, at a time and place to be determined by the chair of the task force;
(b) Meet at least once every four months thereafter or more often as directed by the chair of the task force;
(c) Communicate with and obtain input from groups throughout the state affected by the issues identified in subsection (3) of this section; and
(d) Submit a report to the transportation, housing, and local government committee of the house of representatives and the local government and housing committee of the senate, or to any successor committees, on or before October 1, 2025, that, at a minimum, includes:
(I) The information described in subsection (3) of this section; and
(II) Such other relevant findings as the task force elects to report.
(5) Compensation. Nonlegislative members of the task force serve without compensation. Legislative members are compensated in accordance with section 2-2-326.
(6) Staff support. The executive director of the department may supply staff assistance to the task force as the executive director deems appropriate, subject to available appropriations. The task force may also accept donations of in-kind services for staff support from the private sector.
(7) Repeal. This section is repealed, effective September 1, 2027.
Source: L. 2023: Entire section added, (HB 23-1253), ch. 438, p. 2574, § 1, effective August 7.
24-32-734. Task force on mobile home ownership and taxation - creation - duties - report - definitions - repeal. (Repealed)
Source: L. 2024: Entire section added, (SB 24-183), ch. 303, p. 2060, § 3, effective May 31.
Editor's note: Subsection (7) provided for the repeal of this section, effective January 1, 2025. (See L. 2024, p. 2060.)
24-32-735. Pet-inclusive publicly financed housing - definitions - rules. (1) As used in this section, unless the context otherwise requires:
(a) Landlord has the meaning set forth in section 38-12-502 (5).
(b) Pet animal means a dog or cat that is commonly kept in the home for companionship rather than for commercial purposes.
(c) (I) Reasonable conditions may include:
(A) Prohibitions on ownership of a dangerous dog in violation of section 18-9-204.5;
(B) Policies on nuisance behaviors;
(C) Leashing requirements and waste removal;
(D) Requirements that a tenant have liability insurance;
(E) Limitations on having more than two pet animals or on the number of pet animals permitted in a single unit determined by the size of the unit;
(F) Requirements for pet security deposits and pet rent, subject to section 38-12-106; or
(G) A time-limited determination that a pet allowance would not be in the best interest or safety of the pet or tenant based on individualized circumstances made by a medical professional licensed pursuant to article 240 of title 12 or by a mental health professional licensed, registered, or certified pursuant to article 245 of title 12. To remove the pet from the tenant's residence under this subsection (1)(c)(I)(G), a plan must be made that identifies where the pet will be placed and how the pet will be reunified with the tenant upon expiration of the determination.
(II) Reasonable conditions does not include:
(A) A prohibition on having up to two pet animals; or
(B) Prohibitions on pet animal breeds or weight restrictions of a pet animal.
(2) The division shall require each housing development that receives financing from the division on or after January 1, 2026, pursuant to this article 32, to authorize tenants of the affordable housing to own or keep up to two pet animals, subject to reasonable conditions and applicable state and local laws governing public health, animal control, and animal anti-cruelty and the reasonable and applicable rules adopted by the division or the department of local affairs.
(3) This section does not limit or affect other laws that require reasonable accommodations to be made for an individual with a disability who maintains an animal to provide assistance, service, or support.
Source: L. 2025: Entire section added, (HB 25-1207), ch. 224, p. 1026, § 2, effective August 6.
PART 8
OFFICE OF RURAL DEVELOPMENT
24-32-801. Legislative declaration. (1) Rapid growth experienced by many communities in this state has caused many problems for local government and its citizens in providing necessary public services and desirable living areas.
(2) Lack of growth and development, however, in the less densely populated and rural areas of this state has caused another problem which adds to that of the urban areas.
(3) Migration of people, and youth in particular, to the urban areas because of lack of opportunity for employment and development of careers compounds the problems of governments already pressed to meet the demands of current growth.
(4) It is the responsibility of the state to assist rural areas with financial and technical assistance to provide economic opportunity and community amenities and to promote the general welfare of the people of this state.
Source: L. 73: p. 189, § 1. C.R.S. 1963: § 3-36-1.
24-32-801.5. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Office means the office of rural development created in section 24-32-802 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2061, § 145, effective August 6.
24-32-802. Office of rural development created - coordinator appointed. (1) There is created in the department of local affairs the office of rural development. The executive director of the department of local affairs, subject to the provisions of section 13 of article XII of the state constitution, shall appoint the coordinator of rural development, which position is hereby created, who shall be the head of the office.
(2) The office and the coordinator of rural development are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified in this part 8 under the department of local affairs.
Source: L. 73: p. 189, § 1. C.R.S. 1963: § 3-36-2. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3414, § 178, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2061, § 146, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-803. Duties of the office. (1) The office shall coordinate the activities of the various divisions within the department of local affairs for the purpose of:
(a) Cooperating with and providing technical assistance to local officials for the orderly development of rural Colorado;
(b) Encouraging and, when requested, assisting local governments to develop mutual and cooperative solutions to rural community development;
(c) Studying the legal provisions that affect rural development and recommending to the governor and the general assembly such changes and provisions as may be necessary to encourage rural development;
(d) Serving as a clearinghouse for rural development information, including state and federal programs designed for rural development;
(e) Carrying out studies and continuous analyses of rural development in the state with particular emphasis on its effect on population dispersion and economic opportunity;
(f) Encouraging and assisting, when requested, local governments to develop mutual and cooperative solutions to rural community development;
(g) Contracting with the federal government or any agency or instrumentality thereof and receiving any grants or moneys therefrom for purposes of rural development in Colorado.
Source: L. 73: p. 190, § 1. C.R.S. 1963: § 3-36-3.
24-32-804. Transfer of property and records. (Repealed)
Source: L. 73: p. 190, § 1. C.R.S. 1963: § 3-36-4. L. 2006: Entire section repealed, p. 144, § 15, effective August 7.
PART 9
STANDARDS FOR CAMPER TRAILERS AND CAMPER COACHES
24-32-901. Legislative declaration. The general assembly hereby declares that recreational park trailers and recreational vehicles sold in Colorado should comply with national industry standards to ensure the safety of occupants using them for temporary living and sleeping accommodations.
Source: L. 75: Entire part added, p. 811, § 1, effective July 1. L. 99: Entire section amended, p. 443, § 11, effective August 4.
24-32-902. Definitions. As used in this part 9, unless the context otherwise requires:
(1) to (4) (Deleted by amendment, L. 99, p. 443, § 12, effective August 4, 1999.)
(5) Camping trailer means a vehicle that meets the definition of camping trailer set forth in the American national standards institute's (ANSI's) standard A119.2 or any amendment thereto.
(6) Fifth wheel trailer means a vehicle that meets the definition of fifth wheel trailer set forth in the American national standards institute's (ANSI's) standard A119.2 or any amendment thereto.
(7) Motor home means a motor vehicle designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
(8) Recreational park trailer means a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that is built on a single chassis mounted on wheels, and that has a gross trailer area of not more than four hundred square feet or thirty-seven and fifteen one-hundredths square meters in the set-up mode.
(9) Recreational vehicle means a vehicle designed to be used primarily as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motor power or is mounted on or towed by another vehicle. Recreational vehicle includes camping trailers, fifth wheel trailers, motor homes, travel trailers, multipurpose trailers, and truck campers.
(10) Travel trailer means a vehicle that meets the definition of travel trailer set forth in the American national standards institute's (ANSI's) standard A119.2 or any amendment thereto.
(11) Truck camper means a vehicle that meets the definition of truck camper set forth in the American national standards institute's (ANSI's) standard A119.2 or any amendment thereto.
Source: L. 75: Entire part added, p. 811, § 1, effective July 1. L. 77: (3) amended, p. 1189, § 1, effective May 26. L. 99: Entire section amended, p. 443, § 12, effective August 4. L. 2008: (9) amended, p. 639, § 6, effective August 5.
24-32-903. Rules - advisory committee - sunset review - enforcement. (Repealed)
Source: L. 75: Entire part added, p. 812, § 1, effective July 1. L. 86: (2) amended, p. 417, § 32, effective March 26. L. 93: (2)(b) repealed, p. 673, § 4, effective May 1. L. 99: Entire section repealed, p. 445, § 16, effective August 4.
24-32-904. Certification of camper trailers and camper coaches. (Repealed)
Source: L. 75: Entire part added, p. 812, § 1, effective July 1. L. 99: Entire section repealed, p. 445, § 16, effective August 4.
24-32-904.5. Compliance with national standards - recreational park trailers - recreational vehicles. (1) A person, partnership, firm, corporation, or any other entity shall not manufacture, sell, or offer for sale within this state:
(a) Any new recreational vehicle that is not manufactured in compliance with the national fire protection association's standard 1192 for recreational vehicles or any successor standard or amendment; or
(b) Any new recreational park trailer that is not manufactured in compliance with the American national standards institute's (ANSI's) standard A 119.5 for recreational park trailers, or any successor standard or amendment.
Source: L. 99: Entire section added, p. 444, § 13, effective August 4. L. 2022: Entire section amended, (HB 22-1242), ch. 172, p. 1135, § 24, effective August 10.
24-32-905. Fees. (Repealed)
Source: L. 75: Entire part added, p. 812, § 1, effective July 1. L. 99: Entire section repealed, p. 445, § 16, effective August 4.
24-32-906. Recognition of similar standards. (Repealed)
Source: L. 75: Entire part added, p. 812, § 1, effective July 1. L. 99: Entire section repealed, p. 445, § 16, effective August 4.
24-32-907. Injunctive relief. The state director of housing may request the appropriate court to enjoin the sale or delivery of any camper trailer or camper coach upon an affidavit, specifying the manner in which the camper trailer or camper coach does not conform to the requirements of this part 9 or the rules and regulations promulgated pursuant to this part 9. The director may suspend the authority of a manufacturer to affix insignias while injunctive relief is being sought.
Source: L. 75: Entire part added, p. 813, § 1, effective July 1.
24-32-908. Cooperation with department of revenue. (Repealed)
Source: L. 75: Entire part added, p. 813, § 1, effective July 1. L. 99: Entire section repealed, p. 445, § 16, effective August 4.
24-32-909. Violation - penalty. Any person violating any provision of this part 9 commits a civil infraction.
Source: L. 75: Entire part added, p. 813, § 1, effective July 1. L. 99: Entire section amended, p. 444, § 14, effective August 4. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3227, § 418, effective March 1, 2022.
PART 10
COLORADO LITTER CONTROL ACT - DIVISION OF LOCAL GOVERNMENT
24-32-1001 to 24-32-1015. (Repealed)
Editor's note: (1) This part 10 was added in 1977. For amendments to this part 10 prior to its repeal in 1982, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-32-1015 provided for the repeal of this part 10, effective July 1, 1982. (See L. 79, p. 902.)
PART 11
VOLUNTARY CERTIFICATION PROGRAM FOR FIREFIGHTERS
24-32-1101 to 24-32-1106. (Repealed)
Editor's note: (1) This part 11 was added in 1979. For amendments to this part 11 prior to its repeal in 1983, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-32-1106 provided for the repeal of this part 11, effective July 1, 1983. (See L. 79, p. 906.)
Cross references: For the transfer of the duties relating to the voluntary certification program for firefighters to the division of fire safety in the department of public safety on July 1, 1984, see §§ 24-33.5-1204 to 24-33.5-1207.
PART 12
STATE CLEARINGHOUSE
24-32-1201. Legislative declaration. The provisions of this part 12 are enacted to establish a state clearinghouse in accordance with circular number A-95 of the United States office of management and budget. In order to avoid duplication with existing duties and functions of state and local governmental agencies and in order to preserve the policy of this state that the decision-making authority as to the character and use of land shall be at the lowest possible level of government, it is the intent of the general assembly that the state clearinghouse shall be primarily a state central information center for the receipt and dissemination of federal assistance information and shall not be a policy-making or planning agency.
Source: L. 81: Entire part added, p. 1172, § 1, effective July 1.
24-32-1202. Definitions. As used in this part 12, unless the context otherwise requires:
(1) Circular number A-95 means circular number A-95 of the United States office of management and budget, as published in the Federal Register of January 13, 1976, and as amended from time to time.
Source: L. 81: Entire part added, p. 1172, § 1, effective July 1.
24-32-1203. State clearinghouse designated - duties - limitations. (1) The department of local affairs is hereby designated as the state clearinghouse for the state in accordance with circular number A-95. The executive director of the department of local affairs shall employ, within the appropriation as set forth by the general assembly, pursuant to the provisions of section 13 of article XII of the state constitution, such officers and employees as he deems necessary to carry out the provisions of this part 12.
(2) (a) The state clearinghouse shall perform the functions described for state clearinghouses in circular number A-95. The state clearinghouse is a central information center and shall not be a policy-making or planning agency.
(b) Every state agency whose area of responsibility may be affected by a proposed project involving federal assistance shall cooperate with the state clearinghouse in the project notification and review system as provided in circular number A-95.
(c) Comments made by the state clearinghouse and affected state agencies on applications for federal assistance under the project notification and review system described in circular number A-95 shall be limited to the subject matter items listed in section 5 of part I of attachment A of circular number A-95.
(d) In the absence of any provision of law authorizing centralized state-wide comprehensive planning, including land use or growth policies, any reference in circular number A-95 to state comprehensive plans or planning, state priorities or objectives, or the equivalent shall be construed by the state clearinghouse and affected state agencies to refer to the aggregate of local and regional plans and policies established pursuant to statute and the policies, purposes, and objectives expressed in the laws of the state.
Source: L. 81: Entire part added, p. 1172, § 1, effective July 1.
PART 13
COLORADO TOURISM BOARD
24-32-1301 to 24-32-1308. (Repealed)
Editor's note: (1) This part 13 was added in 1983. For amendments to this part 13 prior to its repeal in 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-32-1308 provided for the repeal of this part, effective August 1, 2000. (See L. 2000, p. 669.)
PART 14
PRIVATE ACTIVITY BONDS
24-32-1401 to 24-32-1412. (Repealed)
Source: L. 87: Entire part repealed, p. 997, § 2, effective May 20.
Editor's note: This part 14 was added in 1980. For amendments to this part 14 prior to its repeal in 1987, 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 the Colorado Private Activity Bond Ceiling Allocation Act, see part 17 of this article.
PART 15
COLORADO OFFICE OF VOLUNTEERISM
24-32-1501 to 24-32-1508. (Repealed)
Editor's note: (1) This part 15 was added in 1985 and was not amended prior to its repeal in 1989. For the text of this part 15 prior to 1989, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-32-1508 provided for the repeal of this part 15, effective July 1, 1989. (See L. 85, p. 819.)
PART 16
UNIFIED BOND CEILING ALLOCATION
Editor's note: Section 24-32-1619 provided for the repeal of sections 24-32-1601 to 24-32-1619, effective January 1, 1987. (See L. 86, p. 919.)
Cross references: For the Colorado Private Activity Bond Ceiling Allocation Act, see part 17 of this article.
24-32-1601. Short title. (Repealed)
Source: L. 86: Entire part added, p. 906, § 1, effective May 8.
24-32-1602. Legislative declaration. (Repealed)
Source: L. 86: Entire part added, p. 906, § 1, effective May 8.
24-32-1603. Definitions. (Repealed)
Source: L. 86: Entire part added, p. 906, § 1, effective May 8.
24-32-1604. Allocation of unified volume ceiling. (Repealed)
Source: L. 86: Entire part added, p. 908, § 1, effective May 8.
24-32-1605. Allocations to state issuing authorities. (Repealed)
Source: L. 86: Entire part added, p. 908, § 1, effective May 8.
24-32-1606. Allocations to local issuing authorities. (Repealed)
Source: L. 86: Entire part added, p. 911, § 1, effective May 8.
24-32-1607. Statewide balance. (Repealed)
Source: L. 86: Entire part added, p. 913, § 1, effective May 8.
24-32-1608. Reporting requirements. (Repealed)
Source: L. 86: Entire part added, p. 914, § 1, effective May 8.
24-32-1609. Application for allocation from statewide balance. (Repealed)
Source: L. 86: Entire part added, p. 915, § 1, effective May 8.
24-32-1610. Notification and validity of allocations from the statewide balance. (Repealed)
Source: L. 86: Entire part added, p. 916, § 1, effective May 8.
24-32-1611. Thirty-day extension. (Repealed)
Source: L. 86: Entire part added, p. 917, § 1, effective May 8.
24-32-1612. Statewide balance carryforward allocations. (Repealed)
Source: L. 86: Entire part added, p. 918, § 1, effective May 8.
24-32-1613. Time period must end on business day. (Repealed)
Source: L. 86: Entire part added, p. 918, § 1, effective May 8.
24-32-1614. Effect of issuance of bonds without allocations. (Repealed)
Source: L. 86: Entire part added, p. 918, § 1, effective May 8.
24-32-1615. Operative dates - provisional repeal. (Repealed)
Source: L. 86: Entire part added, p. 918, § 1, effective May 8.
24-32-1616. Conformity with federal legislation. (Repealed)
Source: L. 86: Entire part added, p. 919, § 1, effective May 8.
24-32-1617. Severability. (Repealed)
Source: L. 86: Entire part added, p. 919, § 1, effective May 8.
24-32-1618. Agreement with bond owners. (Repealed)
Source: L. 86: Entire part added, p. 919, § 1, effective May 8.
24-32-1619. Repeal of sections. (Repealed)
Source: L. 86: Entire part added, p. 919, § 1, effective May 8.
24-32-1620. Effect of repeal of sections. The repeal of sections 24-32-1601 to 24-32-1619 shall not invalidate any allocations for carryforward projects made under this part 16.
Source: L. 86: Entire part added, p. 919, § 1, effective May 8.
PART 17
PRIVATE ACTIVITY BOND CEILING ALLOCATION
24-32-1701. Short title. This part 17 shall be known and may be cited as the Colorado Private Activity Bond Ceiling Allocation Act.
Source: L. 87: Entire part added, p. 988, § 1, effective May 20.
24-32-1702. Legislative declaration. The Internal Revenue Code of 1986, as amended, limits the total amount of tax-exempt private activity bonds which may be issued by any state and its political subdivisions in each year by imposing volume caps. Said code allows each state to provide by law a formula for allocating the state volume cap among the issuing authorities of the state. This part 17 is enacted to establish an allocation formula for the state of Colorado which maximizes the state's total tax-exempt private activity bond issuance authority and which provides an orderly and equitable process of allocating such authority among issuing authorities of this state.
Source: L. 87: Entire part added, p. 988, § 1, effective May 20.
24-32-1703. Definitions. As used in this part 17, unless the context otherwise requires:
(1) Application means the application submitted by an issuing authority to request from the department an allocation from the statewide balance, including any amendments to said application.
(1.5) Board means the state housing board created in section 24-32-706 (1).
(2) Bond means any bond or other obligation which may be issued by any issuing authority which constitutes a private activity bond, as defined in section 141 of the code but only to the extent that such bond or other obligation is subject to the state ceiling limitations of section 146 of the code.
(3) Business day means any normal day of business excluding Saturdays, Sundays, and legal holidays. Each business day begins at 8 a.m. and closes at 5 p.m.
(4) Carryforward purpose has the meaning ascribed to such term in section 146 (f)(5) of the code.
(5) Code means the Internal Revenue Code of 1986, as amended.
(6) Repealed.
(7) Department means the department of local affairs.
(8) Designated local issuing authority means any city, town, county, or city and county which has a population in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars as calculated pursuant to section 24-32-1706 (1).
(8.5) Direct allocation means an allocation of the state ceiling made to state issuing authorities as specified in section 24-32-1705 (1)(a) or designated local issuing authorities as specified in section 24-32-1706 (1).
(9) Executive director means the executive director of the department.
(10) Form 8038 means the federal department of the treasury tax form 8038 or any other federal tax form or other method of reporting required by the federal department of the treasury under section 149 of the code.
(11) Inducement resolution means a resolution, ordinance, or similar action adopted by an issuing authority for the purpose of taking official action regarding the issuance of, or otherwise stating the intent of the issuing authority to issue, bonds to finance a project.
(12) Issuing authority means any entity or person which has the authority to issue bonds or other obligations the interest on which is exempt from federal income taxation pursuant to section 103 (a) of the code. Such term includes any designated local issuing authority or any local or state issuing authority.
(13) Local issuing authority means any city, town, county, or city and county.
(14) Mortgage credit certificate election means an election pursuant to section 25 (a)(2)(ii) of the code, by any issuing authority, not to issue qualified mortgage bonds which the issuing authority is otherwise authorized to issue, including the receipt of allocations made pursuant to this part 17, in exchange for the authority under section 25 of the code to issue mortgage credit certificates in connection with a qualified mortgage credit certificate program within the meaning of section 25 (a)(2) of the code, so long as the implementation of the program is evidenced by the issuing authority to the satisfaction of the executive director, which satisfaction shall be evidenced by a certificate from the executive director certifying his determination that a qualified mortgage credit certificate program has been implemented, together with a certification of the issuing authority providing that such election shall not be revoked.
(15) Population means the population of the state of Colorado as determined by the most recent census estimate of the resident population of the state of Colorado published by the United States bureau of the census before the beginning of each year. Population also means the population of a local issuing authority as determined by the most recent census estimate of the resident population of the local issuing authority published by the state demographer before the beginning of each year. The department shall specify population data in the report issued pursuant to section 24-32-1706 (1).
(16) Project means the facility, facilities, or program to be financed in whole or in part with the proceeds of the bonds.
(17) Qualified mortgage bond means any bond or obligation which constitutes a qualified mortgage bond as defined in section 143 of the code.
(18) State ceiling means the bond ceiling for the state and its issuing authorities as computed under section 146 (d) of the code.
(19) State issuing authority means any of the entities listed in section 24-32-1705 (1).
(20) Statewide balance means the portion of the state ceiling that remains after the allocations made to the state issuing authorities and the local issuing authorities in sections 24-32-1705 and 24-32-1706, plus or minus any allocation from or relinquishment to the statewide balance pursuant to this part 17.
(21) Statewide balance award period means a period commencing on the date on which notification of an allocation from the statewide balance is mailed to an issuing authority and ending on a date to be determined by the executive director, which date is no later than December 23 each year.
(22) Year means each calendar year, beginning with the calendar year 1987.
Source: L. 87: Entire part added, p. 988, § 1, effective May 20. L. 2009: (8.5) added and (15) amended, (SB 09-041), ch. 56, p. 198, § 1, effective March 25. L. 2020: (1.5) added and (6) repealed, (HB 20-1161), ch. 55, p. 189, § 1, effective September 14.
24-32-1704. Allocation of state ceiling. The state ceiling shall be allocated among issuing authorities in accordance with the formulas and the procedures for assignment established in this part 17.
Source: L. 87: Entire part added, p. 990, § 1, effective May 20.
24-32-1705. Allocations to state issuing authorities. (1) (a) Within thirty days after May 20, 1987, and by January 15 of each year thereafter, fifty percent of the state ceiling shall be initially allocated among the following state issuing authorities in amounts established by the department:
(I) The Colorado agricultural development authority, created by section 35-75-104, C.R.S.;
(II) The Colorado health facilities authority, created by section 25-25-104, C.R.S.;
(III) The Colorado housing and finance authority, created by section 29-4-704, C.R.S.;
(IV) The Colorado educational and cultural facilities authority, created by section 23-15-104, C.R.S.; and
(V) Collegeinvest, created by section 23-3.1-203, C.R.S.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the department is not required to allocate any specific amount to any specific state issuing authority.
(2) State issuing authorities may assign amounts of their allocations to any issuing authority, and any assignment shall be effective upon receipt by the department of written notification of the assignment. The notification shall include the amounts assigned, the names of the assignor and the assignee, a representation by the assignor that the assignment was made by the assignor without receipt of monetary consideration, the date of the assignment, and a copy of the executed assignment. No assignee may elect to treat all or any portion of an assignment of an allocation from a state issuing authority as an allocation for a project with a carryforward purpose or make a mortgage credit certificate election with respect to all or any portion of such an assignment without the prior written consent of the assignor to the election. A record of each assignment shall be maintained by the assignee for each bond issued by the assignee for which the assignment applies.
(3) Any allocation of the state ceiling made or assigned pursuant to this section shall automatically be relinquished to the statewide balance on September 15 of each year, except to the extent that:
(a) Bonds are issued by the state issuing authority or its assigns prior to September 15 of each year; or
(b) A mortgage credit certificate election is made by the state issuing authority or its assignee prior to September 15 of each year; or
(c) The state issuing authority or its assignee notifies the department, by written notice which contains the information and attachments set forth in section 24-32-1709, prior to September 15 of each year, that the allocation has been made by the state issuing authority or its assignee to a project which has a carryforward purpose as such project is described in the inducement resolution attached and that the state issuing authority or its assignee desires to treat all or a portion of its initial allocation as an allocation to such project for such carryforward purpose.
(4) If the amount of an allocation of the state ceiling made to a state issuing authority pursuant to this section is in excess of the amount of bonds that the state issuing authority or its assignee issued or used for a carryforward purpose or the amount of qualified mortgage bonds that the state issuing authority or its assignee elected not to issue pursuant to a mortgage credit certificate election, the excess shall be relinquished to the statewide balance on September 15 each year. Any state issuing authority may voluntarily relinquish all or any part of its allocation to the statewide balance at any time by so notifying the department in writing.
Source: L. 87: Entire part added, p. 990, § 1, effective May 20. L. 98: (1)(a)(IV) amended, p. 609, § 16, effective May 4. L. 2004: (1)(a)(V) amended, p. 575, § 31, effective July 1. L. 2009: IP(1)(a) amended, (SB 09-041), ch. 56, p. 198, § 2, effective March 25.
24-32-1706. Allocations to designated local issuing authorities. (1) Within twenty days after May 20, 1987, and by January 15 of each year thereafter, that portion of the state ceiling that bears the same ratio to fifty percent of the state ceiling for such calendar year as the population of the designated local issuing authority bears to the population of the entire state shall be initially allocated to each designated local issuing authority. For the purposes of such allocation, the department shall provide a report within ten days after May 20, 1987, and by each January 15 thereafter, which report shall contain a statement of the population for the entire state and each designated local issuing authority.
(2) Designated local issuing authorities may assign the amounts of their allocations pursuant to this section to any issuing authority, and any assignment shall be effective upon receipt by the department of written notification of the assignment. The notification shall include the amounts assigned, the names of the assignor and assignee, a representation by the assignor that the assignment was made by the assignor without receipt of monetary consideration, the date of the assignment, and a copy of the executed assignment. No assignee may elect to treat all or any portion of an assignment of an allocation from a designated local issuing authority as an allocation for a project with a carryforward purpose or make a mortgage credit certificate election with respect to all or any portion of such an assignment without the prior written consent of the assignor to such election. A record of each assignment shall be maintained by the assignee for each bond issued by the assignee for which the assignment applies.
(3) Any allocation of the state ceiling made or assigned pursuant to this section shall automatically be relinquished to the statewide balance on September 15 of each year, except to the extent that:
(a) Bonds are issued by the designated local issuing authority or its assigns prior to September 15 of each year; or
(b) A mortgage credit certificate election is made by the designated local issuing authority or its assignee prior to September 15 of each year; or
(c) The designated local issuing authority or its assignee notifies the department, by written notice which contains the information and attachments set forth in section 24-32-1709, prior to September 15 of each year, that the allocation has been made by the designated local issuing authority or its assignee to a project which has a carryforward purpose as such project is described in the inducement resolution attached and that the designated local issuing authority or its assignee desires to treat all or a portion of its initial allocation as an allocation to such project for such carryforward purpose.
(4) If the amount of an allocation of the state ceiling made to a designated local issuing authority pursuant to this section is in excess of the amount of bonds that the designated local issuing authority or its assignee issued or used for a carryforward purpose or the amount of qualified mortgage bonds that the designated local issuing authority or its assignee elected not to issue pursuant to a mortgage credit certificate election, the excess shall be relinquished to the statewide balance on September 15 each year. Any designated local issuing authority may voluntarily relinquish all or any part of its allocation to the statewide balance at any time by so notifying the department in writing.
Source: L. 87: Entire part added, p. 991, § 1, effective May 20. L. 2009: (1) amended, (SB 09-041), ch. 56, p. 199, § 3, effective March 25.
24-32-1707. Statewide balance. (1) Fifty percent of the state ceiling less any amount allocated to designated local issuing authorities pursuant to section 24-32-1706 shall be allocated within twenty days after May 20, 1987, and as of January 15 of each year thereafter, to the statewide balance. In addition, the statewide balance shall include any amounts relinquished thereto pursuant to section 24-32-1705 (3) or (4), section 24-32-1706 (3) or (4), subsection (8) of this section, section 24-32-1708, or section 24-32-1710 (3).
(2) (a) Until September 15 of each year, the statewide balance may be allocated only among:
(I) Issuing authorities that are not designated local issuing authorities;
(II) State issuing authorities that did not receive a direct allocation pursuant to section 24-32-1705; or
(III) Any designated local or state issuing authorities that have, prior to the date of receipt of an allocation from the statewide balance, relinquished to the statewide balance pursuant to section 24-32-1705 or 24-32-1706 any of their initial allocation remaining after any or all of their initial allocation has been used for the issuance of bonds in respect of which a form 8038 has been filed pursuant to section 24-32-1708.
(b) On and after September 15 each year, the statewide balance may be allocated among all issuing authorities. The executive director shall make all of the allocations from the statewide balance in his or her sole discretion with the advice of the board and in accordance with the priorities pursuant to this section.
(3) Repealed.
(4) The board shall review and recommend to the executive director statewide priorities for the allocation of the statewide balance. Prior to the making of such recommendations, the department shall hold one or more public meetings to obtain input from the public regarding statewide priorities for the current year, information regarding the use of all bond allocations in the prior year, and other appropriate matters.
(5) An issuing authority shall apply for an allocation from the statewide balance by submitting a completed application for an allocation which contains the information and attachments required by section 24-32-1709.
(6) (a) (Deleted by amendment, L. 2009, (SB 09-041), ch. 56, p. 199, § 4, effective March 25, 2009.)
(b) (I) (Deleted by amendment, L. 2009, (SB 09-041), ch. 56, p. 199, § 4, effective March 25, 2009.)
(II) Repealed.
(7) Allocations from the statewide balance shall be effective for a statewide balance award period which shall be determined and may be extended by the executive director for each allocation. Allocations from the statewide balance shall not be assignable.
(8) Any issuing authority may relinquish all or any part of its allocation to the statewide balance at any time by so notifying the department in writing.
(9) Repealed.
(10) Until October 31 of each year, no allocation of the statewide balance shall be made for carryforward purposes.
(11) The executive director is authorized to contract with a private person, corporation, or entity for the review of applications for bonding authority from the statewide balance for industrial development bonds.
Source: L. 87: Entire part added, p. 992, § 1, effective May 20. L. 2003: (6) amended, p. 1464, § 1, effective July 1. L. 2005: (6)(b)(II) repealed, p. 798, § 1, effective June 1. L. 2009: (1), (2), (6)(a), (6)(b)(I), and (10) amended and (11) added, (SB 09-041), ch. 56, p. 199, § 4, effective March 25. L. 2017: (9) repealed, (HB 17-1047), ch. 26, p. 78, § 2, effective August 9. L. 2020: (2)(b) and (4) amended and (3) repealed, (HB 20-1161), ch. 55, p. 189, § 2, effective September 14.
24-32-1708. Bond issuance and mortgage credit certificate election - reporting requirement. (1) Each issuing authority shall, within five days after the issuance and delivery of any bonds or within five days after it has made a mortgage credit certificate election and in no case later than 5 p.m. on December 23 of each year, file a copy of form 8038 or a copy of the mortgage credit certificate election form with the department showing that the bonds have been sold and delivered or showing the amount of qualified mortgage bonds which the issuing authority has elected not to issue. Any allocation for which form 8038 or a copy of the mortgage credit certificate election form had not been received within the times stated in this section, other than an allocation relating to a carryforward purpose, shall expire and be relinquished to the statewide balance as of December 24 of each year.
(2) The executive director, for good cause, may extend the time for filing by no more than three days.
Source: L. 87: Entire part added, p. 994, § 1, effective May 20.
24-32-1709. Application for allocation from statewide balance. (1) An issuing authority may request an allocation from the statewide balance by filing with the department a separate application regarding each project for which an allocation is requested, signed by an officer of the issuing authority. Each application shall be filed on a form provided by the department, which shall contain the following information and attachments:
(a) The name of the issuing authority;
(b) The mailing address of the issuing authority;
(c) The name and title of the official of the issuing authority and the name and address of the legal counsel of said authority to whom notices should be sent and from whom information may be obtained;
(d) The principal amount of the bonds proposed to be issued;
(e) The nature and the location or purpose of the project;
(f) The initial owner, user, or beneficiary of the project;
(g) A written, preliminary opinion of bond counsel, addressed to the department, that the bonds proposed to receive the allocation constitute private activity bonds as defined in section 141 of the code and stating the amount of such bonds requiring an allocation under the state ceiling and that the issuing authority is authorized under the laws and constitution of the state to issue such bonds. The written opinion required by this paragraph (g) may be based on the assumption that an allocation will be made and the opinion shall cite the authority upon which it is based.
(h) A copy of the fully executed inducement resolution of the issuing authority relating to the project that is the subject of the application, certified as a true and correct copy by an authorized officer of the issuing authority; and
(i) Any information regarding the project to be financed with the proceeds of the bonds which are the subject of the requested allocation or regarding the financing which the issuing authority may want to provide to the department or which the department may request.
(2) To the extent that an issuing authority requests an allocation from the statewide balance in respect of which it expects to make an election for a carryforward purpose, such application, in addition to the application information and attachments set forth in subsection (1) of this section, shall be accompanied by the following:
(a) The classification of the carryforward purpose under section 146 (f)(5) of the code;
(b) Any information required by section 146 (f)(2) of the code;
(c) A certification signed by both an official of the issuing authority responsible for the supervision of the issuance of the bonds and, if applicable, a representative of the person or entity constructing, acquiring, or rehabilitating the project stating that they will proceed with diligence to ensure the issuance of the bonds within the carryforward period provided by section 146 (f) of the code; and
(d) A written, preliminary opinion from bond counsel that the carryforward purpose qualifies for carryforward treatment under section 146 (f) of the code.
Source: L. 87: Entire part added, p. 994, § 1, effective May 20.
24-32-1709.5. Administrative costs of the department - private activity bond allocation fund - creation. (1) The department may charge and collect the following administrative fees for the costs associated with the administration of this part 17:
(a) The direct allocation fee. The department may charge an administrative fee for direct allocations. The executive director shall annually determine the amount of the fee. The fee charged shall only be borne by entities that use the direct allocation to issue private activity bonds or make a mortgage credit certificate election.
(b) The statewide balance application fee. No application for an allocation required by section 24-32-1707 shall be complete unless it is accompanied by an application fee. The executive director shall determine the amount of the fee.
(c) The statewide balance issuance fee. The department may charge an administrative fee to entities that receive bonding authority from the statewide balance as specified in section 24-32-1707. The executive director shall annually determine the amount of the fee based on the costs associated with the administration of this part 17.
(2) (a) The fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the fees to the private activity bond allocations fund, which fund is hereby created in the state treasury and referred to in this subsection (2) as the fund. The moneys in the fund shall be subject to appropriation by the general assembly for the direct and indirect costs associated with the administration of this part 17. All interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
(b) For fiscal years prior to July 1, 2019, the fund is excluded from the limitations specified in section 24-75-402, and the fund's maximum reserve is three times the level of the prior year's spending authority from the fund. The uncommitted reserves of the fund shall not exceed the maximum reserve. If the amount of uncommitted reserves of the fund at the conclusion of any given fiscal year exceeds the maximum reserve, the executive director shall reduce the amount of one or more of the fees specified in subsection (1) of this section to an amount calculated to result in an amount of uncommitted reserves of the fund for the current fiscal year that does not exceed the maximum reserve. In calculating the reduction in fees, the executive director may take into account any increases in spending authority from the fund. If the executive director reduces the amount of a fee pursuant to this paragraph (b), the executive director may subsequently raise the amount of the fee so long as the projected amount of uncommitted reserves of the fund does not exceed the maximum reserve. The executive director shall not increase the fee beyond any limits specified in subsection (1) of this section. For fiscal years that begin on or after July 1, 2019, the fund is subject to the maximum reserve established in section 24-75-402.
(3) Repealed.
(4) Beginning on June 30, 2025, and on June 30 of each state fiscal year thereafter, the state treasurer shall transfer the unexpended and unencumbered balance of the fund that exceeds one hundred thousand dollars from the fund to the general fund.
Source: L. 2009: Entire section added, (SB 09-041), ch. 56, p. 200, § 5, effective March 25. L. 2015: (2)(b) amended, (HB 15-1261), ch. 322, p. 1313, § 5, effective June 5. L. 2020: (1)(a) amended and (3) repealed, (HB 20-1161), ch. 55, p. 190, § 3, effective September 14. L. 2025: (4) added, (SB 25-264), ch. 129, p. 501, § 16, effective April 25.
24-32-1710. Notifications and validity of allocations from the statewide balance. (1) The department shall notify the issuing authority in writing of the amount allocated or not allocated from the statewide balance to the proposed project.
(2) The notification shall:
(a) Be of such format as determined by the department and as conforms to the code;
(b) Specify the amount of bonds that the issuing authority may issue based upon an allocation from the statewide balance;
(c) Specify the commencement date and the expiration date of the statewide balance award period; and
(d) Be mailed to the issuing authority and the legal counsel specified in the application at the address specified in the application.
(3) Any allocation of the statewide balance shall be valid only until the expiration of the statewide balance award period unless the bonds are issued and delivered or a mortgage credit certificate election is made within the statewide balance award period, in which event, the allocation shall be subtracted from the statewide balance on the date of the issuance and delivery of the bonds or the date of the mortgage credit certificate election. If no bonds are issued or if no mortgage credit certificate election is made before the expiration of the statewide balance award period, the allocation from the statewide balance shall be relinquished to the statewide balance.
Source: L. 87: Entire part added, p. 995, § 1, effective May 20.
24-32-1711. Statewide balance carryforward allocations. (1) Any portion of the statewide balance that has not been allocated to bonds that were issued on or before December 23 or that the issuing authority elected not to issue pursuant to a mortgage credit certificate election made on or before December 23 or that are not the subject of a proper carryforward election under section 24-32-1705 (3)(b) or 24-32-1706 (3)(b) shall be available for allocations to carryforward purposes on and after December 26.
(2) Any issuing authority may apply to the department for allocations from the statewide balance for carryforward purposes by delivering to the department the information and attachments required under section 24-32-1709.
(3) On or before December 29, the executive director of the department shall determine the allocations from the statewide balance to carryforward purposes. The executive director shall make such determinations in his sole discretion, taking into account the likelihood that the bonds will in fact be issued during the carryforward period and such other factors as the executive director deems relevant. The department shall notify the issuing authority of any such allocation to a carryforward purpose to be received by it by no later than 5 p.m. on December 29, which notice may be written, oral, or telephonic. Any such oral or telephonic notice shall be confirmed by a writing mailed no later than December 29.
Source: L. 87: Entire part added, p. 996, § 1, effective May 20.
24-32-1712. Time period must end on business day. If the last day of any period described in this part 17 is not a business day, then the last day of such period shall be the next business day thereafter; except that, if the last day of any period is December 23 or December 29, and December 23 or December 29 is not a business day, then the last day of such period shall be the next preceding business day.
Source: L. 87: Entire part added, p. 996, § 1, effective May 20.
24-32-1713. Effect of mortgage credit certificate election or issuance of bonds without allocation. Any issuing authority which issues bonds or makes a mortgage credit certificate election prior to the receipt by the issuing authority of a related allocation, or in excess of the allocation, or after the relinquishment of the allocation, or in respect of which a form 8038 or a mortgage credit certificate election form is not filed within the prescribed time period shall not have an allocation of the state ceiling pursuant to this part 17.
Source: L. 87: Entire part added, p. 996, § 1, effective May 20.
24-32-1714. Severability. This part 17 is subject to the severability provisions of section 2-4-204, C.R.S. To the extent this part 17 is unconstitutional, all allocations of the state ceiling previously made under this part 17 shall be treated as allocations made by the general assembly of the state of Colorado.
Source: L. 87: Entire part added, p. 996, § 1, effective May 20.
24-32-1715. Agreement with bond owners. The state of Colorado pledges and agrees with the owners of any bonds to which an allocation of the state ceiling has been granted under this part 17 that the state will not retroactively alter the allocation of the state ceiling to the qualified issuing authority for such bonds.
Source: L. 87: Entire part added, p. 996, § 1, effective May 20.
PART 18
SITE ACQUISITION FOR SUPERCONDUCTING SUPER COLLIDER PROJECT
24-32-1801 to 24-32-1811. (Repealed)
Editor's note: (1) This part 18 was added in 1987 and was not amended prior to its repeal in 1989. For the text of this part 18 prior to 1989, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-32-1810 provided for the repeal of this part 18, effective December 31, 1989. (See L. 87, p. 1001.)
PART 19
REGULATION OF FACTORY-BUILT
NONRESIDENTIAL STRUCTURES
24-32-1901 to 24-32-1912. (Repealed)
Source: L. 2003: Entire part repealed, p. 532, § 1, effective March 5.
Editor's note: This part 19 was added in 1990. For amendments to this part 19 prior to its repeal in 2003, consult the 2002 Colorado Revised Statutes and 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 20
COLORADO YOUTH CONSERVATION AND SERVICE CORPS
24-32-2001. Legislative declaration. (1) The general assembly finds and declares that:
(a) Central elements in the development of the state's youth should be the provision of meaningful work experience to teach the value of labor and membership in a productive society and the provision of basic education to address unemployment, undereducation, and lack of life-coping skills among young adults;
(b) It is the policy of this state to conserve and protect its natural resources, scenic beauty, historical and cultural sites, and other community facilities;
(c) An ever-growing number of this state's youth are dropping out of school before obtaining a high school diploma at a time when education is absolutely essential to the future employability, opportunities, and well-being of an individual;
(d) There are many unemployed young adults without hope or opportunities for entrance into the labor force who are unable to afford higher education and who create a serious strain on tax revenues in community services;
(e) The young men and women of the state should be given an opportunity to develop meaningful public service work and educational experience through programs that protect and conserve the valuable resources of the state and promote participation in other community enhancement projects;
(f) There exists a continuing need for the development and expansion of youth conservation and service programs and for involvement by young persons in public works and services, the provision of human services, and the enhancement of our natural resources;
(g) It is in the public interest to target employment projects to those activities which have the greatest benefit to the local economy;
(h) Severe cutbacks in the funding for community and human services leave many local community service agencies without the resources to provide necessary services to those in need; and
(i) The talent and energy of the state's unemployed young adults are an untapped resource which should be challenged to meet the serious shortage in community services and to promote and conserve the valuable resources of the state.
Source: L. 91: Entire part added, p. 918, § 1, effective May 31.
24-32-2002. Definitions. As used in this part 20, unless the context otherwise requires:
(1) Colorado youth conservation corps means the youth conservation corps program established by the governor's job training office.
(2) Community-based agency means a private nonprofit organization that is representative of a community or a significant segment of a community and that is engaged in meeting human, social, educational, or environmental needs, including churches and other religious entities and community action agencies.
(3) Corps means the Colorado youth service corps, the Colorado youth conservation corps, a local youth service corps, or a local youth conservation corps.
(4) Corps member means an individual enrolled in the Colorado youth service corps, the Colorado youth conservation corps, a local youth service corps, or a local youth conservation corps.
(5) Council means the Colorado youth conservation and service corps council.
(6) Department means the department of local affairs.
(7) Director means the director of the Colorado youth service corps.
(8) Financial support means any thing of value contributed by agencies, businesses, nonprofit organizations, or individuals to the corps for a project which is reasonably calculated to support directly the development and expansion of a particular project. Financial support includes, but is not limited to, funds, equipment, facilities, and training.
(9) Local government agency means a public agency that is engaged in meeting human, social, educational, or environmental needs.
(10) Matching funds means funding that is provided to the corps by agencies or individuals as financial support for a portion of the compensation paid to the corps members.
(11) Program agency means a federal or state agency designated to manage a youth corps program, the governing body of an Indian tribe that administers a youth corps program, or a community-based agency.
(12) Project means an activity that results in a specific identifiable service or product which otherwise would not be accomplished with existing funds and that does not duplicate the routine services or functions of the employer to which corps members are assigned.
(13) Volunteer means a person who gives services without any express or implied promise of remuneration.
(14) Work agreement means the written agreement between the youth service corps, the youth service corps member, and the local government agency or community-based agency.
(15) Youth service corps means the Colorado youth service corps established in section 24-32-2004.
(16) Youth service corps member means an individual enrolled in the Colorado youth service corps.
Source: L. 91: Entire part added, p. 919, § 1, effective May 31.
24-32-2003. Colorado youth conservation and service corps council - creation - membership - duties. (1) There is hereby established the Colorado youth conservation and service corps council, referred to in this part 20 as the council.
(2) The council shall consist of the following fourteen members:
(a) The executive director of the department of local affairs or the executive director's designee;
(b) The executive director of the department of natural resources or the executive director's designee;
(c) The director of the governor's job training office or the director's designee;
(d) The director of the department of education's dropout prevention program or the director's designee;
(e) The director of the state board for community colleges and occupational education or the director's designee;
(f) The director, manager, or head of the Colorado youth conservation corps or such person's designee;
(g) The director of the Colorado youth service corps or such person's designee;
(h) One member appointed by the governor who is the director, manager, or head of a local agency administering a youth conservation corps or a youth service corps;
(i) One member appointed by the governor representing nonprofit organizations;
(j) One member appointed by the governor who is a current or former youth service or conservation corps member;
(k) Two members appointed by the governor from the private sector recognized for expertise in youth employment and development programs, environmental and resource conservation projects, job and basic skills training programs, youth conservation corps programs, and youth service corps programs; and
(l) One member from the house of representatives, appointed by the speaker of the house of representatives, and one member from the senate, appointed by the president of the senate.
(3) The term of each member appointed by the governor shall be four years; except that, of such members first appointed, two shall be appointed for terms of two years, and the youth services or conservation corps member appointed pursuant to paragraph (j) of subsection (2) of this section shall be appointed for a term of one year. A member appointed by the governor to fill the vacancy of another member arising other than by expiration of such other member's term shall be appointed for the unexpired term of such other member whom such appointee is to succeed. Any member appointed by the governor shall be eligible for reappointment for one four-year term.
(4) Members of the council shall serve without compensation.
(5) The council shall have the following powers, duties, and functions:
(a) To assist program agencies with the development of youth conservation corps programs or youth service corps programs, or any combination thereof;
(b) To assist program agencies with the preparation of proposals for grants to the commission on national and community service at such time, in such manner, and containing such information as the commission on national and community service may reasonably require, including, but not limited to:
(I) That enrollment in such program be limited to individuals who, at the time of enrollment, are not less than sixteen years of age nor more than twenty-five years of age; except that a summer program may include individuals who are not less than fifteen years of age nor more than twenty-one years of age at the time of enrollment of such individuals and who are citizens or nationals of the United States or lawful permanent resident aliens of the United States;
(II) That such program ensure that educationally and economically disadvantaged youth, including youth who are dropouts, youth who are in foster care but who are becoming too old for foster care, youth who have limited English proficiency, limited basic skills, or learning disabilities, and youth who are homeless, be offered opportunities to enroll;
(III) A comprehensive description of the objectives and performance goals for any such program to be conducted, a plan for managing and funding any such program, and a description of the types of projects to be carried out, including a description of the types and duration of training and work experience to be provided by any such program;
(c) To advise and consult with program agencies regarding certain training and education services required by the commission on national and community service in applying for grant moneys from the commission; and
(d) To appoint a technical advisory committee, if needed, to assist the council with specific issues and problems that may arise in connection with the council's duties.
(6) The council shall assist with the coordination and collaboration of program agencies with the executive and legislative branches of state government, the business community, school districts, state institutions of higher education, and local government and community-based agencies in the development of youth conservation corps and youth service corps programs.
Source: L. 91: Entire part added, p. 921, § 1, effective May 31.
24-32-2004. Colorado youth service corps established - director's duties. (1) There is hereby created in the department of local affairs, the office of the Colorado youth service corps. The youth service corps shall be a volunteer-based program in the charge of a director, who shall be a volunteer approved by the executive director of the department and who shall serve without compensation. The director shall appoint such assistants and clerical staff, to be chosen from volunteers and retirees, as may be deemed necessary to effectively administer this part 20. The provisions of Colorado law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, old age health and survivors' insurance, state retirement, and vacation leave shall not apply to corps members. Such assistants and clerical staff shall serve without compensation.
(2) The youth service corps is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this part 20 under the department.
Source: L. 91: Entire part added, p. 923, § 1, effective May 31. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3414, § 179, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-2005. Duties and functions of the youth service corps. (1) The youth service corps, through the director, and with the advice of the Colorado youth conservation and service corps council established in section 24-32-2003, shall:
(a) Recruit individuals for the youth service corps who are residents of the state unemployed at the time of application and who are at least sixteen years of age but who have not reached their twenty-fifth birthday;
(b) Match youth service corps members with appropriate local government agencies and community-based agencies and available projects;
(c) Develop general employment guidelines for placement of youth service corps members in local government agencies and community-based agencies which establish appropriate authority for hiring, firing, grievance procedures, and employment standards consistent with state and federal law;
(d) Monitor youth service corps members' activities for compliance with this part 20 and compliance with work agreements;
(e) Establish a program for providing incentives to encourage successful completion of the terms of enrollment in the youth service corps and the continuation of educational pursuits by awarding a youth service corps member a scholarship to a state institution of higher education, private college or university, private occupational school, or vocational school, in an amount not to exceed five thousand dollars, upon such successful completion;
(f) Enter into agreements with the state's institutions of higher education, community college system, vocational schools, and private occupational schools and with other educational institutions or independent nonprofit agencies to provide special education in basic skills, including reading, writing, and mathematics, for those youth service corps members who may benefit by participation in such classes;
(g) Assist youth service corps members in transition to employment, higher education, or vocational school upon termination from the programs, including such activities as orientation to the labor market, on-the-job training, and placement in the private sector;
(h) Coordinate youth employment and training efforts under its jurisdiction and cooperate with other state agencies or departments and program agencies providing youth services to ensure that funds appropriated for the purposes of this part 20 will not be expended to duplicate existing services but will increase the services of youth to the state;
(i) Recruit local government agencies and community-based agencies to employ the youth service corps members in service activities;
(j) Assist local government agencies and community-based agencies in the development of scholarships and matching funds from private and public sources, individuals, and foundations in order to support a portion of the youth service corps member's compensation; and
(k) Determine appropriate financial support levels by private businesses, community-based agencies, foundations, local government agencies, and individuals which will provide matching funds for youth service corps members in projects under work agreements.
Source: L. 91: Entire part added, p. 923, § 1, effective May 31.
24-32-2006. Colorado youth service corps - criteria for enrollment. (1) The director may select and enroll in the youth service corps any person who is at least sixteen years of age but not yet twenty-five years of age, who is a resident of the state, and who is not for medical, legal, or psychological reasons incapable of service.
(2) In the selection of youth service corps members, preference shall be given to youths residing in areas, both urban and rural, in which there exists substantial unemployment above the state unemployment rate. Efforts shall be made to enroll youths who are economically, socially, physically, or educationally disadvantaged.
(3) The director may prescribe such additional standards and procedures in consultation with supervising agencies as may be necessary in conformance with this part 20.
Source: L. 91: Entire part added, p. 925, § 1, effective May 31.
24-32-2007. Local youth employment opportunities. The director shall use existing local offices of the department or contract with local government agencies or community-based agencies to establish the youth service corps program and to ensure coverage of the youth service corps program statewide. Each local office, local government agency, or community-based agency shall maintain a list of available youth employment opportunities and the appropriate forms or work agreements therefor in the jurisdiction covered by the local office, local government agency, or community-based agency.
Source: L. 91: Entire part added, p. 925, § 1, effective May 31.
24-32-2008. Placement under work agreements. (1) Placement of youth service corps members shall be made in local government agencies and community-based agencies, under work agreements, and shall include those assignments which provide for addressing unmet community needs and assisting the community in economic development efforts. Each work agreement shall:
(a) Demonstrate that the project is appropriate for the youth service corps members' interests, skills, and abilities and that the project is designed to meet unmet community needs;
(b) Include a requirement of regular performance evaluation, such evaluation to include clear work performance standards set by the local government agency or community-based agency and procedures for identifying strengths, recommended improvement areas, and conditions for probation or dismissal of any youth service corps member; and
(c) Include a commitment for partial financial support of each youth service corps member from a private business, a local government agency, a community-based agency, an individual, or a foundation. The director may establish additional standards for the development of placements for youth service corps members with local government agencies or community-based agencies and assure that the work agreements comply with those standards.
(2) State agencies may use the youth service corps for the purpose of employing youth qualifying under section 24-32-2007.
Source: L. 91: Entire part added, p. 925, § 1, effective May 31.
24-32-2009. Youth service corps members - compensation - scholarship. (1) The compensation received by the youth service corps members shall be considered a training and subsistence allowance.
(2) The provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, old age health and survivors' insurance, state retirement plans, and vacation leave shall not apply to the youth service corps members. The youth service corps member shall be awarded a scholarship, in an amount not to exceed five thousand dollars, to a state institution of higher education, private college or university, private occupational school, or vocational school, of such youth service corps member's choice upon successful completion of the terms of enrollment in the youth service corps.
Source: L. 91: Entire part added, p. 926, § 1, effective May 31.
24-32-2010. Youth service corps members not to displace current workers. The assignment of youth service corps members shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Participating local government agencies or community-based agencies may not terminate, lay off, or reduce the working hours of any employee for the purpose of utilizing a youth service corps member with funds available.
Source: L. 91: Entire part added, p. 926, § 1, effective May 31.
24-32-2011. Acceptance and utilization of funds. (1) The department is authorized, on behalf of the youth service corps, to accept, receive, and expend all donations, grants, contributions, gifts, bequests, federal funds, and funds from any source to be used by the youth service corps in performing its duties and functions under sections 24-32-2005 and 24-32-2009. The youth service corps shall make every effort to become self-supporting by accepting, receiving, and expending grants, gifts, and moneys from any other source.
(2) The youth service corps may accept, or provide, within the limitations of the budget of the youth service corps, matching funds whenever any grant, gift, bequest, or contractual assistance is available on such a matching-fund basis.
(3) The youth service corps may also accept contributions in the form of equipment or in-kind services.
Source: L. 91: Entire part added, p. 927, § 1, effective May 31.
24-32-2012. Colorado youth service corps fund - created. (1) There is hereby created in the state treasury a fund to be known as the Colorado youth service corps fund, which shall be administered by the executive director of the department of local affairs.
(2) All moneys received pursuant to section 24-32-2011 and any other moneys received by the youth service corps shall be placed in said fund.
(3) The general assembly shall make annual appropriations of the moneys in the fund to the department for allocation to the youth service corps for administering the provisions of this part 20. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.
(4) Any moneys in the fund not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.
(5) The general assembly shall make no general fund appropriation to either the fund or the department of local affairs for payment of any deficiency in the fund in the event that moneys in the fund are not sufficient for the costs of administering the provisions of this part 20.
Source: L. 91: Entire part added, p. 927, § 1, effective May 31.
24-32-2013. Conflict with federal requirements. If any provision of this part 20 is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this part 20 is declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this part 20.
Source: L. 91: Entire part added, p. 927, § 1, effective May 31.
PART 21
OFFICE OF DISASTER EMERGENCY SERVICES
24-32-2101 to 24-32-2116. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Editor's note: This part 21 was added in 1992. For amendments to this part 21 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 21 was relocated to part 7 of article 33.5 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act repealing this part 21, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 22
COMPENSATION BENEFITS TO VOLUNTEER
CIVIL DEFENSE WORKERS
24-32-2201 to 24-32-2228. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Editor's note: This part 22 was added in 1992. For amendments to this part 22 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 22 was relocated to part 8 of article 33.5 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act repealing this part 22, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 23
CIVIL DEFENSE LIABILITY - PUBLIC OR PRIVATE
24-32-2301 to 24-32-2304. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Editor's note: This part 23 was added in 1992. For amendments to this part 23 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 23 was relocated to part 9 of article 33.5 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act repealing this part 23, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 24
EVACUATION OF SCHOOL BUILDINGS FOR CIVIL DEFENSE
24-32-2401 to 24-32-2405. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Editor's note: This part 24 was added in 1992 and was not amended prior to its repeal in 2012. For the text of this part 24 prior to 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 24 was relocated to part 10 of article 33.5 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act repealing this part 24, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 25
DISASTER RELIEF
24-32-2501 to 24-32-2509. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Editor's note: This part 25 was added in 1992. For amendments to this part 25 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 25 was relocated to part 11 of article 33.5 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act repealing this part 25, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 26
COLORADO EMERGENCY PLANNING COMMISSION
24-32-2601 to 24-32-2607. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Editor's note: This part 26 was added in 1992. For amendments to this part 26 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 26 was relocated to part 15 of article 33.5 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act repealing this part 26, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 27
COOPERATIVE HEALTH CARE AGREEMENTS
INVOLVING HOSPITALS
24-32-2701 to 24-32-2715. (Repealed)
Source: L. 95: Entire part repealed, p. 511, § 5, effective May 16.
Editor's note: This part 27 was added in 1993. For amendments to this part 27 prior to its repeal in 1995, 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 28
COMMUNITY-BASED YOUTH CRIME
PREVENTION AND INTERVENTION
24-32-2801 to 24-32-2806. (Repealed)
Source: L. 2000: Entire part repealed, p. 585, § 8, effective May 18.
Editor's note: This part 28 was added in 1994. For amendments to this part 28 prior to its repeal in 2000, 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 29
MOFFAT TUNNEL
24-32-2901 to 24-32-2906. (Repealed)
Source: L. 2002: Entire part repealed, p. 1074, §§ 7, 8, effective August 7.
Editor's note: This part 29 was added in 1996. For amendments to this part 29 prior to its repeal in 2002, consult the 2001 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
Cross references: For the legislative declaration contained in the 2002 act repealing this part 29, see section 1 of chapter 274, Session Laws of Colorado 2002.
PART 30
COMMUNITY-BASED ACCESS GRANT PROGRAM
Editor's note: Section 24-32-3001 was enacted by House Bill 99-1102 as § 23-11-104.5. It was relocated as a new part to this article because article 11 of title 23, concerning the Colorado advanced technology institute, was repealed by House Bill 99-1359. The program created in the section was the responsibility of the Colorado advanced technology institute in the introduced version of House Bill 99-1102, but subsequent amendments moved the responsibility to the department of local affairs, which is located in this article.
24-32-3001. Community-based access grant program - powers and duties of department of local affairs - definitions - legislative declaration. (1) As used in this section:
(a) Aggregate means to aggregate or consolidate the telecommunications service requirements of all or a substantial portion of the public offices within a community into a coordinated and rational network plan for the provision and procurement of telecommunications services so as to maximize economies of scale and combine the buying power of the entities operating such offices.
(b) Community means a geographically contiguous and distinct population, self-defined for the purposes of applying for the grant resources described in this section, and having a sponsoring fiscal agent that is a political subdivision of the state.
(c) Connect and connection refer to the establishment of a full-time, dedicated, digital network connection between a public office and the state network.
(d) Department means the department of local affairs, created in section 24-1-125.
(e) Director means the executive director of the department.
(f) End-user equipment means hardware and software that are identified with a specific public office or other physical location and that can operate independently of the state network. The term includes, without limitation, personal computers, network servers, local area networks, and video conferencing equipment.
(g) Private-sector telecommunications provider means a private corporation, whether or not operated for profit, that offers telephone, cable, wireless, or other telecommunications services to the public.
(h) Public office means any building, office, or facility that is physically located within the geographic boundaries of a community and is owned or operated by:
(I) An agency or political subdivision of the state or of any local government, including, but not limited to, a state administrative agency, a public school or college, a library, a county or municipal government, and a public hospital or health-care facility; or
(II) A nonprofit hospital.
(2) The department shall establish a community-based access grant program under which the department shall allocate capital construction funds appropriated to the department for this purpose to communities seeking to aggregate the telecommunications services required by the public offices within the community to connect to the digital network operated by the department of personnel pursuant to article 30 of this title. Said telecommunications services shall be procured by the communities from private-sector telecommunications providers.
(3) The use of moneys allocated under this section shall be limited as follows:
(a) Expenditures shall be made only in accordance with proposals that result in material improvements in the availability and competitive cost of advanced, digital telecommunications services to the community as compared to other communities of comparable size and characteristics.
(b) Expenditures shall be made only for services procured by the community from private-sector telecommunications service providers.
(c) Expenditures shall be made only for costs associated with:
(I) Terminating communications equipment at a public office;
(II) Leased digital telecommunications services associated with connecting a public office to the state's digital network; and
(III) Appropriate cost-recovery charges for the use of the state's digital network.
(d) No expenditures shall be made for costs associated with connecting public offices that already have connections; except that such public offices may be reimbursed for their net, new incremental costs incurred as a result of their inclusion in the community's plan for the aggregation of telecommunications services.
(e) No expenditures shall be made for end-user equipment, applications development, maintenance, training, or other similar costs incurred by a public office or organization.
(f) Moneys shall be disbursed only to the fiscal agent acting on behalf of a community.
(4) The department shall receive and evaluate proposals for funding under this section, subject to the following policy directives:
(a) The proposal process shall be conducted with the overall goal of providing funding to every community whose proposal is of high quality and competitive with those of communities of comparable size and characteristics.
(b) Priority shall be given to those communities proposing to aggregate the traffic of, and obtain participation from, the greatest proportion of the public offices within the community. To qualify for consideration, proposals shall list all public offices in the community and, as to each such public office, shall specify whether or not the public office is to be connected under the proposal. In addition, increased priority shall be given to those communities that show participation of private- and nonprofit-sector telecommunications consumers in the total aggregated demand.
(c) In accordance with measurable criteria established in advance by the department, the department shall consider the degree of cash and in-kind matching funds to be provided by the community, consistent with the community's resources.
(5) Notwithstanding the provisions of subsection (3) of this section, the department may allocate up to ten percent of the capital construction appropriation for technical assistance, training, engineering, and consulting to prepare plans, program documents, life-cycle cost studies, requests for proposals and other studies, and documents associated with and necessary for the development of proposals under this section.
(6) The department shall coordinate the allocation of the capital construction funds appropriated to it for the purposes of this section with the schedule of deployment for the state's digital networks.
(7) In the funding of aggregated access for communities, the department shall require that public entities participating in the aggregation of traffic locally demonstrate the ability to divert or separate local traffic, including but not limited to internet and voice traffic, from the point of aggregation to a local destination.
(8) The department shall allocate the capital construction funds appropriated to it for the purposes of this section in such a manner as to reduce geographic disparity throughout the state in the availability and cost of advanced communications services.
(9) The department shall report to and make an appearance before the capital development committee at the conclusion of each fiscal year of operation of this program.
(10) The general assembly hereby finds and declares that the aggregation of local public telecommunications services is a new state program and that administration of the program requires services of a specialized, technical nature that are not available within the state personnel system. The director is therefore authorized to contract with a private person, corporation, or entity for the administration of the community-based access grant program described in subsection (2) of this section if the contract otherwise complies with part 5 of article 50 of this title, concerning contracts for personal services.
(11) During the initial year of funding, the department of local affairs shall allocate the moneys made available for the purposes of this section in a manner that:
(a) Provides technical assistance for strategic telecommunications planning to communities that require help in preparing competitive proposals for future funding;
(b) Evaluates the relationship between the size of a community and the ability to successfully attract investment through aggregation; and
(c) Gives priority to proposals that demonstrate a high probability of success through sufficient prior strategic telecommunications planning, local managerial expertise, and technical feasibility of the chosen bid from the private vendor.
Source: L. 99: Entire part added, p. 600, § 3, effective May 17. L. 2006: (9) amended, p. 144, § 18, effective August 7.
PART 31
MANUFACTURED HOME INSTALLATION
24-32-3101 to 24-32-3110. (Repealed)
Source: L. 2003: Entire part repealed, p. 532, § 1, effective March 5.
Editor's note: This part 31 was added in 2000 and was not amended prior to its repeal in 2003. For the text of this part 31 prior to 2003, consult the 2002 Colorado Revised Statutes.
PART 32
OFFICE OF SMART GROWTH
24-32-3201. Legislative declaration. The general assembly hereby finds and declares that the purpose of this part 32 is to recognize and reward communities that cooperatively plan for and manage growth. By enacting this part 32, the general assembly intends that the state will be able to provide financial and other services to local governments to assist such governments in anticipating and responsibly addressing the unique public impacts caused by growth.
Source: L. 2000: Entire part added, p. 885, § 1, effective August 2.
24-32-3202. Definitions. As used in this part 32, unless the context otherwise requires:
(1) Colorado heritage planning grant means a grant awarded by the office of smart growth pursuant to section 24-32-3203 (3)(c).
(2) Department means the Colorado department of local affairs.
(3) Eligible participant means one or more local governments that satisfy the requirements for grant eligibility pursuant to section 24-32-3203 (3).
(4) Executive director means the executive director of the department of local affairs.
(5) Fund means the Colorado heritage communities fund created in section 24-32-3207.
(6) Repealed.
(7) Local government means any county, city and county, city, town, or special district created pursuant to article 1 of title 32.
(8) Office means the office of smart growth created by this part 32.
Source: L. 2000: Entire part added, p. 885, § 1, effective August 2. L. 2001: (7) amended, p. 1064, § 3, effective June 5. L. 2021: (6) repealed and (7) amended, (HB 21-1271), ch. 356, p. 2325, § 7, effective June 27.
Cross references: For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021.
24-32-3203. Office of smart growth - creation - powers and duties of executive director. (1) (a) There is hereby created within the department of local affairs the office of smart growth. The office shall be established within an existing division of the department in the discretion of the executive director.
(b) The office shall be in the charge of a director who shall be appointed by the executive director. The director and any assistants and employees of the office shall be appointed in accordance with the provisions of section 13 of article XII of the state constitution.
(2) The office of smart growth is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this part 32 under the department of local affairs and the executive director thereof.
(3) The executive director shall have the following powers and duties in administering this part 32:
(a) Repealed.
(b) To adopt and publicize criteria regarding grants made available by the office out of moneys in the fund pursuant to paragraphs (c) and (d) of this subsection (3);
(c) To review and approve applications for Colorado heritage planning grants awarded by the office out of money in the fund in accordance with the requirements of this part 32, and to determine the amount of money to be awarded under each such grant. An application for such a grant must:
(I) (Deleted by amendment, L. 2021.)
(II) Address critical planning issues, including, without limitation, land use and development patterns, affordable housing, transportation planning, mitigation of environmental hazards, water banking pursuant to article 80.5 of title 37, and energy use.
(d) To review and approve applications for grants awarded by the office out of money in the fund to assist a local government, as applicable, in developing a master plan in conformity with section 30-28-106 or 31-23-206;
(e) To attend and participate in meetings of county, municipal, or regional planning bodies, interstate agencies, and other conferences of such bodies, agencies, or related entities;
(f) To advise the governor and the general assembly on matters involving growth, consult with other offices of state government with respect to growth issues affecting the duties of their offices, and, upon request of any local government, regional area, or group of adjacent communities having common or related problems arising from growth, recommend to the governor and the general assembly any proposals for legislation that would address the impact of growth; but nothing in this part 32 shall be construed to grant to the office or the executive director any authority over the land use or planning responsibilities of local governments; and
(g) To exercise all other powers necessary and proper for the discharge of the executive director's duties and the carrying out of the intent of this part 32, including the coordination of the provisions of article 28 of title 30 and article 23 of title 31, C.R.S.
(4) The director of the office of smart growth created by this section shall advise the executive director in connection with the exercise of the executive director's powers and duties in administering this part 32.
Source: L. 2000: Entire part added, p. 886, § 1, effective August 2. L. 2001: (3)(c) amended, p. 1064, § 2, effective June 5. L. 2021: (3)(a) repealed and (3)(c) and (3)(d) amended, (HB 21-1271), ch. 356, p. 2325, § 8, effective June 27. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3414, § 180, effective August 10.
Cross references: (1) For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-32-3204. Powers and duties of the office of smart growth. (1) The office shall have the following powers and duties:
(a) To serve as a clearing house, for the benefit of local governments, of information relating to the common problems faced by local governments in connection with growth and of state and federal resources available to assist in the resolution of problems caused by growth;
(b) To refer local governments to appropriate departments or agencies of the state or federal government for advice, assistance, or available services in connection with specific problems relating to growth;
(c) To perform such research as is necessary to carry out the functions of the office;
(d) To encourage and, when so requested, assist cooperative efforts among local governments toward the solution of common problems relating to growth;
(e) Upon request by local governments, to provide technical assistance to such governments in addressing problems caused by the impacts of growth in such areas as, without limitation, completion of comprehensive or master plans and the resolution of land use disputes involving other governmental entities; and
(f) To accept and receive grants and services relevant to the fulfillment of this part 32 from the federal government, other state agencies, local governments, or private and civic sources.
Source: L. 2000: Entire part added, p. 887, § 1, effective August 2.
24-32-3205. Qualifications. (1) Subject to the requirements of this part 32, the governing body or bodies of any eligible participant or participants, as applicable, may submit an application to the executive director requesting a grant pursuant to this part 32. Any grant approved by the executive director in accordance with the requirements of this part 32 shall be awarded to the governing body or bodies that submitted the application.
(2) In order to obtain grant moneys under this part 32 and as a condition of the receipt of moneys under said part, each eligible participant shall agree to:
(a) Use any grant moneys in accordance with the criteria publicized by the executive director pursuant to section 24-32-3203 (3)(b); and
(b) Perform such other requirements as the executive director deems appropriate in the exercise of his or her discretion to further the purposes of this part 32.
(3) Eligible participants shall apply for grants made available pursuant to this part 32 on official application forms provided by the office. Eligible participants shall provide such information on the forms as the executive director may require in furtherance of the purposes of this part 32.
Source: L. 2000: Entire part added, p. 888, § 1, effective August 2.
24-32-3206. Reporting. (Repealed)
Source: L. 2000: Entire part added, p. 888, § 1, effective August 2. L. 2021: Entire section repealed, (HB 21-1271), ch. 356, p. 2328, § 11, effective June 27.
Cross references: For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021.
24-32-3207. Colorado heritage communities fund - creation - source of funds - repeal. (1) There is hereby created in the state treasury the Colorado heritage communities fund, which fund is administered by the director and which consists of all money appropriated to the fund by the general assembly, money transferred from the general fund and the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the fund pursuant to subsection (6) of this section, and all other money collected by the office for the fund from federal grants or other contributions, grants, gifts, bequests, or donations received from other agencies of state government, individuals, private organizations, or foundations. Such money shall be transmitted to the state treasurer to be credited to the fund.
(2) Repealed.
(3) Any moneys in the fund not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure in the next fiscal year without further appropriation.
(4) (a) Except as otherwise provided in section 24-75-226 (4)(c)(II) and subsection (4)(b) of this section, all money shall remain in the fund and shall not revert to the general fund of the state at the end of any fiscal year.
(b) (I) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(II) Notwithstanding subsections (3) and (4)(a) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado heritage communities fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer one hundred five thousand three hundred six dollars from the Colorado heritage communities fund to the general fund.
(B) This subsection (4)(b)(III) is repealed, effective July 1, 2026.
(5) Repealed.
(6) (a) On June 27, 2021, or as soon as practicable thereafter, the state treasurer shall transfer:
(I) Thirty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in subsection (1) of this section; and
(II) Nine million three hundred thousand dollars from the general fund to the Colorado heritage communities fund created in subsection (1) of this section.
(b) The division of local government in the department shall use the money transferred pursuant to subsection (6)(a) of this section, and any money that is transferred from the ARPA refinance state money cash fund to the Colorado heritage communities fund pursuant to section 24-75-226.5 to refinance money that was transferred to the Colorado heritage communities fund pursuant to subsection (6)(a)(I) of this section, for the creation, implementation, and administration of the local government affordable housing development incentives grant program created in section 24-32-130 (2) in accordance with the requirements of section 24-32-130.
(c) On June 27, 2021, or as soon as practicable thereafter, the state treasurer shall transfer:
(I) Five million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in subsection (1) of this section; and
(II) Two million one hundred thousand dollars from the general fund to the Colorado heritage communities fund created in subsection (1) of this section.
(d) The division of local government in the department shall use the money transferred pursuant to subsection (6)(c) of this section for the creation, implementation, and administration of the local government planning grant program created in section 24-32-130 (5) in accordance with the requirements of section 24-32-130. With respect to any money transferred into the Colorado heritage communities fund pursuant to subsection (6)(c) of this section, the division may use any money that is unexpended or unencumbered as of June 30, 2023, for purposes of the local government affordable housing development incentives grant program created in section 24-32-130 (2) as needed in accordance with section 24-32-130.
(e) On June 30, 2025, the state treasurer shall transfer from the Colorado heritage communities fund created in subsection (1) of this section to the general fund three million one hundred seventy-two thousand three hundred sixteen dollars and fifty-six cents that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.
Source: L. 2000: Entire part added, p. 889, § 1, effective August 2. L. 2004: (5) added, p. 752, § 1, effective May 12. L. 2021: (1) amended, (2) repealed, and (6) added, (HB 21-1271), ch. 356, p. 2326, § 9, effective June 27. L. 2022: (4) amended, (HB 22-1342), ch. 137, p. 921, § 7, effective April 25. L. 2023: (6)(d) amended, (HB 23-1232), ch. 217, p. 1123, § 4, effective May 17. L. 2024: (6)(b) amended, (HB 24-1466), ch. 429, p. 2939, § 21, effective June 5. L. 2025: (6)(e) added, (SB 25-312), ch. 301, p. 1536, § 8, effective May 30; (4) amended, (SB 25-317), ch. 385, p. 2144, § 11, effective June 3.
Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2005. (See L. 2004, p. 752.)
Cross references: For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-32-3208. Additional sources of funding. (1) Notwithstanding any other provision of this part 32, grants to be made to eligible participants in accordance with this part 32 may be made from any combination of moneys in the Colorado heritage communities fund created in section 24-32-3207 and any other moneys collected by the executive director for such purposes consistent with the intent of this part 32.
(2) Any eligible participant may pursue additional sources of funding for purposes consistent with the intent of this part 32, including, without limitation, grants, donations, or contributions from any other public or private sources.
(3) As money becomes available, the office of smart growth created in section 24-32-3203 (1) may provide grants or other forms of assistance to counties and municipalities for purposes consistent with section 24-32-3203 (3)(c)(II), including, without limitation, the hiring of consultants and related forms of professional expertise; updating plans, policies, codes, and related land development review processes; and offering grants, loans, or other forms of assistance as incentives for the development of affordable housing, which forms of assistance may include the acquisition of property, the provision of infrastructure, or the development of community amenities. The office shall create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance under this subsection (3). The office may also use available money to implement or facilitate grant and other incentive programs by hiring staff, creating technical resources for local governments, hiring consultants and related forms of professional expertise, and otherwise administering the Colorado heritage grant program in accordance with this part 32.The office may use a portion of any such money for hiring and maintaining staff, defraying operational expenses, and administration associated with the provision of grants and other forms of incentives under this subsection (3).
Source: L. 2000: Entire part added, p. 889, § 1, effective August 2. L. 2021: (3) added, (HB 21-1271), ch. 356, p. 2327, § 10, effective June 27.
Cross references: For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021.
24-32-3209. Comprehensive planning disputes - development plan disputes - mediation - list of qualified professionals to assist in mediating land use disputes - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Comprehensive plan means the master plan of a local government adopted pursuant to section 30-28-106 or 31-23-206, C.R.S., or an amendment to such plan.
(b) Comprehensive planning dispute means a dispute between two or more local governments regarding a comprehensive plan.
(c) County means a home rule or statutory county.
(c.5) Development plan means a mutually binding and enforceable development plan established pursuant to section 29-20-105 (2), C.R.S., by intergovernmental agreement between the county or counties in which land to be annexed is located and a municipality or between any two or more municipalities located within such county or counties.
(d) Landowner means any owner of record of state, municipal, or private land and includes an owner of any easement, right-of-way, or estate in the land.
(e) Local government means a municipality or a county.
(f) Mediation means an intervention in comprehensive planning dispute negotiations by a trained neutral third party with the purpose of assisting the local governments in reaching their own solution to the dispute.
(g) Municipality means a home rule or statutory city, town, territorial charter city, or city and county.
(h) Neighboring jurisdiction means the following:
(I) For a county, any adjacent county and any municipality that is wholly or partially located within the boundaries of the county or within three miles of any boundary of the county; and
(II) For a municipality, each county within which the municipality is wholly or partially located and any county or municipality that is located within three miles of any boundary of the municipality.
(2) (a) Each local government shall provide to each neighboring jurisdiction written notice of the public hearings at which the comprehensive plan of the local government is to be considered and a copy of the proposed comprehensive plan. Such neighboring jurisdiction may review the comprehensive plan and submit comments to the local government prior to the first hearing on such plan by the local government.
(b) A neighboring jurisdiction may file a written objection to a comprehensive plan with a local government at any time up to and including thirty days after the adoption of such plan. Such objection may include a request for the local government to participate in a mediation of the comprehensive planning dispute with the neighboring jurisdiction coordinated by the department through the office using a mediator from the list maintained pursuant to subsection (6) of this section. Such local government shall participate in the mediation upon the request of the neighboring jurisdiction.
(c) If a neighboring jurisdiction has more than one objection to a comprehensive plan, all such objections shall be considered together in the mediation conducted pursuant to this subsection (2). A neighboring jurisdiction requesting such dispute resolution or mediation process shall pay for the costs of the mediator's services.
(2.3) (a) The parties to an intergovernmental agreement establishing a development plan shall provide notice and a copy of the agreement, together with a map demonstrating the territory covered by the agreement, to each neighboring jurisdiction.
(b) Each municipality that has received a petition for annexation filed pursuant to section 31-12-107, C.R.S., which annexation covers territory included within the boundaries encompassed within a development plan to which the municipality is not a party, and that has received notice and a copy of the plan in accordance with the requirements of paragraph (a) of this subsection (2.3) shall provide to the parties to the development plan written notice of the petition for annexation, as well as a copy of the petition, prior to the referral of the petition by the municipal clerk to the governing body of the municipality pursuant to section 31-12-107 (1)(f), C.R.S. Where any portion of the area to be annexed under the petition is located within the boundaries of a development plan, each neighboring jurisdiction that is a party to such plan may file with the governing body of the annexing municipality a written objection to the petition no later than thirty days after receipt of the petition in accordance with the requirements of this paragraph (b). In the written objection filed, the neighboring jurisdiction may additionally request that the annexing municipality participate in a mediation of the dispute arising out of the petition with the assistance of a qualified professional from the list of such professionals maintained by the department pursuant to subsection (6) of this section. Upon the request of any neighboring jurisdiction that is a party to the development plan, the annexing municipality shall participate in the mediation required by this paragraph (b).
(c) No petition for annexation shall be referred by a municipal clerk to the governing body of the municipality for any action pursuant to section 31-12-107 (1)(f), C.R.S., until:
(I) The mediation required by paragraph (b) of this subsection (2.3) is completed; or
(II) Not less than ninety days have passed from the date on which the municipality in receipt of the petition for annexation was notified of a request to mediate by a neighboring jurisdiction pursuant to paragraph (b) of this subsection (2.3).
(d) Notwithstanding any other provision of law, the costs of obtaining the assistance of a qualified professional in accordance with the requirements of paragraph (b) of this subsection (2.3) shall be assumed by the neighboring jurisdiction requesting the mediation. Where more than one neighboring jurisdiction requests the mediation, the costs of obtaining the assistance of a qualified professional shall be allocated pro rata between or among all such jurisdictions.
(3) In the alternative to a mediation conducted pursuant to this section, the parties to the dispute may use an existing intergovernmental agreement or a new agreement to resolve the disputes in whatever manner the local governments determine.
(4) In conducting a mediation pursuant to this section, the mediator shall consider information provided by any landowner in the land area that is subject to the dispute and may consider such other information as is presented by other interested persons.
(5) Any agreement or understanding reached between two or more local governments in the course of conducting a mediation in accordance with subsection (2) of this section shall not be binding in the event that such governments are ultimately unsuccessful in resolving their comprehensive planning or development plan dispute.
(6) To fulfill its role in coordinating a mediated solution to disputes between and among local governments, the department shall maintain a list of qualified professionals that are available to assist in resolving land use disputes arising between local governments. Such list shall include only those persons and organizations the department determines have professional expertise and skills in land use, planning, zoning, subdivision, annexation, real estate, public administration, mediation, arbitration, or related disciplines. Such list shall be made available to governmental entities and the public through the office created by this part 32 for the purpose of facilitating the resolution of disputes between or among local governments arising out of land use matters.
Source: L. 2000: Entire part added, p. 889, § 1, effective August 2. L. 2001, 2nd Ex. Sess.: Entire section amended, p. 24, § 1, effective November 6. L. 2003: (1)(c.5) and (2.3) added and (5) amended, p. 922, §§ 2, 3, effective August 6.
Cross references: For the legislative declaration contained in the 2003 act enacting subsections (1)(c.5) and (2.3) and amending subsection (5), see section 1 of chapter 123, Session Laws of Colorado 2003.
PART 33
REGULATION OF FACTORY-BUILT STRUCTURES, MULTI-FAMILY STRUCTURES WHERE NO STANDARDS EXIST, MANUFACTURED HOME INSTALLATIONS, AND SELLERS OF MANUFACTURED HOMES
24-32-3301. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that mobile homes, manufactured housing, and factory-built structures are important and effective ways to meet Colorado's affordable housing needs. The general assembly further finds and declares that, because of the housing crisis in Colorado, there is a need to promote the affordability and accessibility of new manufactured homes and factory-built structures. The general assembly encourages local governments to enact ordinances and rules that effectively treat factory-built structures certified through the state program and manufactured housing certified through the federal program the same as site-built homes. The general assembly further finds, determines, and declares that:
(a) The comprehensive regulation of the construction of factory-built structures to ensure safety, affordability, efficiency, and performance is a matter of statewide concern.
(b) The comprehensive regulation of the installation of mobile homes, manufactured homes, or tiny homes to ensure safety, affordability, efficiency, and performance is a matter of statewide and local concern.
(c) The protection of Colorado consumers who purchase manufactured homes or tiny homes from fraud and other unfair business practices is a matter of statewide concern and consumers can best be protected by:
(I) Requiring registration of persons engaged in the business of selling manufactured homes or tiny homes;
(II) Imposing escrow and bonding requirements upon persons engaged in the business of manufacturing or selling manufactured homes or tiny homes; and
(III) Requiring persons engaged in the business of selling manufactured homes or tiny homes to include specified disclosures and provisions in any contract for the sale of a manufactured home or tiny home.
(d) The imposition of registration requirements upon the sellers of manufactured homes or tiny homes by both the state and political subdivisions of the state would impose an undue burden upon the sellers of manufactured homes or tiny homes and discourage the sale of manufactured homes or tiny homes.
(e) The registration, escrow and bonding, and contract requirements imposed on the sellers of manufactured homes or tiny homes by this part 33 are exclusive, and a political subdivision of the state shall not impose any additional registration, escrow and bonding, or contract requirements on the sellers.
(f) The regulation of tiny homes is necessary to protect consumer safety and recognize tiny homes as an affordable housing alternative.
(2) The general assembly further declares that in enacting this part 33, it is the intent of the general assembly that the division establish, through the board, rules as it deems necessary to ensure:
(a) The safety, affordability, efficiency, and performance of factory-built structures;
(b) Consumer safety in the purchase of manufactured homes or tiny homes;
(c) The registration of installers and the creation of uniform standards for installation on a statewide basis;
(d) The safety, affordability, and performance of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist; and
(e) The safety of foundation systems for tiny homes, manufactured homes, and factory-built structures in areas of the state where no construction standards for tiny homes, manufactured homes, and factory-built structures exist.
(3) The general assembly further declares that the factory-built structure programs and tiny home programs administered and rules adopted under this part 33 apply only to a factory or work performed off site or work completed at the installation site, as reflected in the approved plans for the factory-built structure or tiny home.
(4) The general assembly further declares that the regulations in this part 33 are separate and distinct from the Mobile Home Park Act and the Mobile Home Park Act Dispute Resolution and Enforcement Program under parts 2 and 11 of article 12 of title 38.
Source: L. 2003: Entire part added, p. 532, § 2, effective March 5. L. 2007: (3) added, p. 434, § 1, effective August 3. L. 2021: IP(1), (1)(a), (1)(b), (1)(c)(II), (1)(e), (2)(a), (2)(d), and (3) amended and (4) added, (HB 21-1019), ch. 122, p. 465, § 1, effective September 7. L. 2022: IP(1), (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d), and (3) amended and (1)(f) and (2)(e) added, (HB 22-1242), ch. 172, p. 1116, § 1, effective August 10.
24-32-3302. Definitions. As used in this part 33, unless the context otherwise requires:
(1) Authorized quality assurance representative means any quality assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).
(2) Board means the state housing board created in section 24-32-706.
(3) Certificate of installation means a certificate issued by the division for an installation that complies with this part 33 and rules that the board adopts under this part 33.
(4) Certified installer means an installer of manufactured homes or tiny homes that:
(a) Is registered with the division;
(b) Has installed at least five manufactured homes or tiny homes in compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and
(c) Has been approved by the division for certified status.
(5) Repealed.
(6) Defect means any deviation in the performance, construction, components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.
(6.5) Delivery means, for purposes of section 24-32-3325, at a location agreed to by the seller and purchaser.
(7) Repealed.
(8) Division means the division of housing created in section 24-32-704.
(9) Factory-built nonresidential structure means any structure or component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.
(10) Factory-built residential structure means a manufactured home, including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.
(11) Factory-built structure means:
(a) A factory-built nonresidential structure;
(b) A factory-built residential structure; and
(c) A factory-built tiny home.
(12) Federal act means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.
(13) Federal manufactured home construction and safety standard means any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.
(14) Imminent safety hazard means an imminent and unreasonable risk of death or severe personal injury.
(15) Independent contractor means a local government, individual, private firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.
(16) (a) Installation means the placement of a manufactured home or tiny home on a permanent or temporary foundation system.
(b) Installation includes supporting, blocking, leveling, securing, or anchoring the home and connecting multiple or expandable sections of the home.
(17) Installer means any person or business entity authorized to perform the installation of:
(a) A manufactured home, which includes multifamily structures, for those with the knowledge, experience, and skills to do so; or
(b) A tiny home.
(18) Local government means the government of a town, city, county, or city and county that is the designated authority charged with the administration and enforcement of local building codes.
(19) Manufacture means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semi-finished materials.
(20) Manufactured home means any preconstructed building unit or combination of preconstructed building units or closed panel systems that:
(a) Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home;
(b) Is designed for residential occupancy in either temporary or permanent locations;
(c) Is constructed in compliance with the federal act, factory-built residential requirements, including those for multi-family structures, or mobile home standards;
(d) Is not self-propelled; and
(e) Is not licensed as a recreational vehicle.
(21) Manufactured home construction means all activities relating to the assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.
(22) Manufactured home safety means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.
(23) Manufacturer means any person who constructs or assembles a manufactured residential or nonresidential structure in a factory or other off-site location.
(24) Mobile home means a manufactured home built prior to the adoption of the federal act.
(24.5) Mobile home park has the meaning set forth in section 38-12-201.5 (6).
(25) Modular home means a factory-built residential structure.
(26) Owner means the owner of a manufactured home or tiny home.
(26.5) Permanent foundation means a structure that is designed or intended to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Not be removed from the ground or building.
(27) Principal means an officer of a corporation, a member of a limited liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.
(28) Production review means an evaluation of a manufacturer and a facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.
(29) Purchaser means a person purchasing a manufactured home or tiny home if either is purchased in good faith for purposes other than resale.
(30) Quality assurance representative means any state, firm, corporation, or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.
(31) Registered installer means an installer who has registered with the division, but who has not applied for and been approved by the division for certified status.
(32) Secretary means the secretary of the United States department of housing and urban development.
(32.5) Seller means any person engaged in the business of selling manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.
(33) Site means the entire tract, subdivision, or parcel of land on which manufactured homes or tiny homes are installed.
(34) Temporary foundation means a structure that is designed or intended to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Be removable from the ground or building.
(35) (a) Tiny home means a structure that:
(I) Is permanently constructed on a vehicle chassis;
(II) Is designed for long-term residency;
(III) Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home;
(IV) Is not self-propelled; and
(V) Has a square footage of not more than four hundred square feet.
(b) Tiny home does not include:
(I) A manufactured home;
(II) A recreational park trailer as defined in section 24-32-902 (8);
(III) A recreational vehicle as defined in section 24-32-902 (9);
(IV) A semitrailer as defined in section 42-1-102 (89); or
(V) An intermodal shipping container.
Source: L. 2003: Entire part added, p. 533, § 2, effective March 5. L. 2021: (4), (9), (10), (15), (17), (18), IP(20), (20)(c), (30), and (31) amended, (5) and (7) repealed, and (6.5) and (32.5) added, (HB 21-1019), ch. 122, p. 466, § 2, effective September 7. L. 2022: (3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and (33) amended and (24.5), (26.5), (34), and (35) added, (HB 22-1242), ch. 172, p. 1118, § 2, effective August 10. L. 2025: IP(17) amended, (SB 25-002), ch. 172, p. 714, § 5, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3303. Division of housing - powers and duties - rules. (1) The division has the following powers and duties pursuant to this part 33:
(a) To administer and enforce construction and maintenance standards adopted by the board pursuant to this part 33, including the registration status of manufacturers;
(b) To conduct continuing research into new approaches to housing throughout the state, including but not limited to the following:
(I) The development of housing standards and construction codes based on performance; and
(II) Modular housing;
(c) To review and approve quality assurance representatives that intend to perform inspections and issue insignia of approval pursuant to this part 33;
(d) To promulgate rules in accordance with article 4 of this title 24 to implement and specify the installer and inspector education and testing requirements set forth in this part 33 and to oversee such education and testing;
(e) To enforce requirements concerning installations, including the registration and certification status of installers;
(f) To enforce requirements concerning the sale of tiny homes and of manufactured homes, including the registration status of sellers;
(g) To enforce requirements concerning the safety of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist; and
(h) To enforce requirements concerning the safety of foundation systems for manufactured homes, tiny homes, and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.
Source: L. 2003: Entire part added, p. 536, § 2, effective March 5. L. 2008: (1)(d) added, p. 1739, § 1, effective June 2. L. 2021: IP(1), (1)(a), (1)(c), and (1)(d) amended and (1)(e), (1)(f), and (1)(g) added, (HB 21-1019), ch. 122, p. 468, § 3, effective September 7. L. 2022: (1)(e), (1)(f) and (1)(g) amended and (1)(h) added, (HB 22-1242), ch. 172, p. 1120, § 3, effective August 10.
24-32-3304. State housing board - powers and duties - rules. (1) The board has the following powers and duties pursuant to this part 33:
(a) To promulgate uniform construction and maintenance standards for hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;
(b) To promulgate uniform construction standards for factory-built residential and nonresidential structures;
(c) To develop and submit to the general assembly and local governments recommendations for uniform housing standards and building codes;
(d) To promulgate rules establishing standards for the installation and setup of manufactured housing units;
(e) To promulgate rules establishing specific standards for the use of private inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.
(f) To promulgate rules establishing standards for tiny homes that cover the manufacture of, assembly of, and installation of tiny homes;
(g) To promulgate uniform foundation construction standards for manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and
(h) On or before July 1, 2026, to adopt rules:
(I) (A) Establishing regional building code standards accounting for local climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;
(B) The regional building codes standards shall include, at a minimum, wind shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(II) Establishing requirements based on the recommendations developed by the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;
(III) Establishing requirements based on the recommendations developed by the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;
(A) A building contractor, as defined in section 30-11-125 (1)(a), is not required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and
(B) A building contractor, as defined in section 30-11-125 (1)(a), licensed by a local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;
(IV) Covering electrical or plumbing codes required to undertake or complete the construction or installation of a factory-built structure;
(V) Allowing the division to contract for third-party review and approval of a final design and construction plan for a factory-built structure on behalf of the division;
(VI) Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and
(VII) Requiring the division to cause an audit to be performed on a third party that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.
Source: L. 2003: Entire part added, p. 537, § 2, effective March 5. L. 2021: IP(1), (1)(c), and (1)(e) amended, (HB 21-1019), ch. 122, p. 468, § 4, effective September 7. L. 2022: (1)(d) amended and (1)(f) and (1)(g) added, (HB 22-1242), ch. 172, p. 1120, § 4, effective August 10. L. 2025: (1)(f) and (1)(g) amended and (1)(h) added, (SB 25-002), ch. 172, p. 714, § 6, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:
(a) The safety of factory-built structures;
(b) The safety of consumers purchasing manufactured homes or tiny homes;
(c) The safety of installations;
(d) The safety of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(e) The implementation of sections 24-32-3328 and 24-32-3329; and
(f) The safety of foundation systems for manufactured homes, tiny homes, and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.
(2) Rules promulgated by the board must include provisions imposing requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.
(3) (a) Except when adopting an energy code pursuant to subsection (3.5) of this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:
(I) One from architecture;
(II) One from structural engineering;
(III) Four from building code enforcement, representing a local building department from each of the following climate zones across the state:
(A) One from climate zone 4;
(B) One from climate zone 5;
(C) One from climate zone 6; and
(D) One from climate zone 7;
(IV) Repealed.
(V) One licensed electrician who may be employed by the department of regulatory agencies;
(VI) One licensed plumber who may be employed by the department of regulatory agencies;
(VII) Repealed.
(VIII) Three from factory-built structure construction representing the following occupancy classifications:
(A) One from the international residential code for one- and two-family dwellings;
(B) One from the international building code for residential structures; and
(C) One from the international building code for factory and industrial structures;
(IX) One from the tiny home industry;
(X) One from energy conservation;
(XI) One from organized labor.
(XII) One developer specializing in the use of factory-built structures in projects;
(XIII) One from climate resiliency;
(XIV) One registered installer;
(XV) One registered seller; and
(XVI) One individual representing emergency services or management.
(b) Committee members are reimbursed for actual and necessary expenses incurred while engaged in official duties.
(c) (I) The advisory committee shall develop regional building codes standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.
(II) The regional building codes standards shall include, at a minimum, wind shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(d) (I) The advisory committee shall develop implementation requirements, including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and
(II) The advisory committee shall develop implementation requirements, including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.
(e) During the 2026 legislative session, the department of local affairs shall present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.
(3.3) Repealed.
(3.5) (a) (I) On or before January 1, 2025, the division shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(II) On or before January 1, 2030, the division shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(b) Nothing in this subsection (3.5) establishes standards applicable to manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.
(c) Notwithstanding any other provision of this subsection (3.5), the division may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(d) Nothing in this subsection (3.5) restricts the ability of an investor-owned utility with approval from the public utilities commission to:
(I) Provide incentives or other energy efficiency program services to help the division or builders comply with the requirements of this subsection (3.5); or
(II) Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).
(e) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).
(f) (I) A utility may count mass-based emissions reductions associated with the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(II) A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(4) The division must enforce the provisions of this part 33 and the rules adopted pursuant thereto.
(5) The division may act as agent for the federal government for the enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.
(6) Any future statewide adopted codes contemplated in statute must be vetted through the advisory committee for consideration for adoption by the board.
Source: L. 2003: Entire part added, p. 537, § 2, effective March 5. L. 2021: IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, § 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, § 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, § 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, § 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, § 7, effective May 8.
Editor's note: (1) Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.
(2) Subsection (6) was numbered as (4) in SB 25-002 but has been renumbered on revision for ease of location.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3306. Recognition of similar standards - compliance with standards. (1) If the division determines that standards for factory-built structures, tiny homes, or manufactured homes prescribed by statute or rule of another state or by the United States department of housing and urban development are reasonably consistent with, or equal to, standards required by this part 33, it may provide by rule that factory-built structures, tiny homes, or manufactured homes approved by the other state or by the department meet the standards required by this part 33.
(2) No person, partnership, firm, corporation, or other entity may manufacture, sell, or offer for sale within this state any factory-built structure that is not manufactured in compliance with the applicable provisions of the construction standards adopted by the board.
Source: L. 2003: Entire part added, p. 538, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 469, § 6, effective September 7. L. 2022: (1) amended, (HB 22-1242), ch. 172, p. 1122, § 6, effective August 10.
24-32-3307. Noncompliance with standards. (1) (a) The division may obtain injunctive relief from a court of competent jurisdiction to enjoin the manufacture, sale, delivery, or installation of:
(I) A factory-built structure by filing an affidavit specifying the manner in which the factory-built structure does not conform to the requirements of this part 33 or to rules promulgated pursuant to section 24-32-3305; or
(II) A tiny home by filing an affidavit specifying the manner in which the tiny home does not conform to this part 33 or to rules promulgated under section 24-32-3305 (1)(e) or 24-32-3328.
(b) The division may suspend the issuance of insignias of approval while injunctive relief is being sought.
(2) If the division, acting as agent for the federal government, determines that any manufactured home does not conform to applicable state or federal manufactured home construction and safety standards or that it contains a defect that constitutes an imminent safety hazard after the sale of the manufactured home by a manufacturer to a seller and prior to the sale of the manufactured home by the seller to a purchaser, the manufacturer must provide for parts replacement and installation reimbursement as required under the federal act or rules adopted pursuant thereto.
Source: L. 2003: Entire part added, p. 538, § 2, effective March 5. L. 2019: (1) amended, (HB 19-1238), ch. 130, p. 585, § 1, effective August 2. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 469, § 7, effective September 7. L. 2022: (1) amended, (HB 22-1242), ch. 172, p. 1122, § 7, effective August 10.
24-32-3308. Violation - penalty. (1) A manufacturer who violates any of the provisions of this part 33 or any rule promulgated pursuant to section 24-32-3305 is subject to revocation or suspension of the manufacturer's registration, fines, or any other measures as prescribed by rule promulgated by the division or other applicable state law. The division may issue a fine of up to one thousand dollars for each violation. Multiple violations of this part 33 committed during the construction of a single factory-built structure constitute one violation. A separate violation is deemed to have occurred with respect to each factory-built structure involved. A civil penalty collected pursuant to this section must be transmitted to the state treasurer who must credit the same to the building regulation fund created in section 24-32-3309.
(2) In the case of any unit certified under the federal act, civil and criminal penalties provided for in the federal act must be imposed. Any civil penalty collected pursuant to this section must be transmitted to the state treasurer, who must credit the same to the building regulation fund.
Source: L. 2003: Entire part added, p. 539, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 470, § 8, effective September 7.
24-32-3309. Fees - building regulation fund - rules. (1) (a) (I) The board, by rule, shall establish a schedule of fees designed to pay all direct and indirect costs incurred by the division in carrying out and enforcing this part 33; except that the amount of the registration fee for installers is limited to the amount specified in section 24-32-3315 (5) and the amount of the registration fee for sellers is limited to the amount specified in section 24-32-3323 (3).
(II) Before the board establishes the schedule of fees, the division, for the board's consideration, shall gather information regarding the fees charged by:
(A) Colorado local governments for the inspection and certification of improvements to residential real property that are not manufactured homes or tiny homes; and
(B) Governmental entities outside of Colorado for the inspection and certification of manufactured homes or tiny homes.
(III) The fees must be paid to the division and transmitted to the state treasurer, who shall credit the fees to the building regulation fund, which fund is hereby created in the state treasury and referred to in this section as the fund. The state treasurer shall credit all interest derived from the deposit and investment of money in the fund to the fund. Except as otherwise provided in subsection (2) of this section, at the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund or used for any other purpose other than to offset the costs of implementing, administering, and enforcing this part 33.
(b) Notwithstanding any provision of this section to the contrary:
(I) On June 1, 2009, the state treasurer must deduct one million one hundred one thousand three hundred forty-nine dollars from the fund and transfer such sum to the general fund;
(II) On April 1, 2015, the state treasurer must deduct three hundred thousand dollars from the general fund and transfer such sum to the fund;
(III) On July 1, 2016, the state treasurer must deduct two hundred thousand dollars from the general fund and transfer such sum to the fund; and
(IV) On July 1, 2025, the state treasurer shall deduct six hundred thousand dollars from the innovative housing incentive program fund created in section 24-48.5-132 (5)(a) and transfer the money to the fund.
(2) In addition to being used to offset the costs of implementing and administering this part 33 as specified in subsection (1) of this section, money in the fund may be expended:
(a) To provide education and training to manufacturers, sellers, installers, building department employees, elected officials, and, as appropriate, other persons affected by the mobile home, manufactured home, tiny home, and factory-built structure industry regarding the building codes and state program requirements applicable to mobile homes, manufactured homes, tiny homes, and factory-built structures within the state;
(b) To provide consumer training throughout the state that will help a consumer make informed decisions when purchasing or considering the purchase of a mobile home, manufactured home, tiny home, or factory-built structure; and
(c) To provide education and grants that will help manufacturers, sellers, installers, owners, and, as appropriate, other parties affected by the mobile home, manufactured home, tiny home, and factory-built structure industry address safety issues that affect mobile homes, manufactured homes, tiny homes, and factory-built structures.
Source: L. 2003: Entire part added, p. 539, § 2, effective March 5. L. 2006: Entire section amended, p. 1353, § 1, effective August 7. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1928, § 12, effective June 1. L. 2015: (1)(b) amended, (SB 15-112), ch. 13, p. 32, § 1, effective March 13. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 470, § 9, effective September 7. L. 2022: (1)(a) and (2) amended, (HB 22-1242), ch. 172, p. 1122, § 8, effective August 10. L. 2025: (1)(b)(II) and (1)(b)(III) amended and (1)(b)(IV) added, (SB 25-002), ch. 172, p. 720, § 10, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3310. Local enforcement - notice to revisor of statutes. (1) Nothing in this part 33 may interfere with the right of local governments to enforce local rules governing the installation of factory-built housing pursuant to section 24-32-3318 that bear the insignia of approval issued by the division pursuant to section 24-32-3311 (1)(a) if the local rules are not inconsistent with state rules adopted pursuant to section 24-32-3305.
(2) This section is repealed, effective only if the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e). The board shall notify the revisor of statutes in writing of the date on which the condition specified in this section has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This section is repealed upon the date identified in the notice that the board has adopted rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e), or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Source: L. 2003: Entire part added, p. 539, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 471, § 10, effective September 7. L. 2025: Entire section amended, (SB 25-002), ch. 172, p. 720, § 11, effective May 8.
Editor's note: As of publication date, the revisor of statutes has not received the notice referred to in this section.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3311. Certification of factory-built structures - rules - notice to revisor of statutes. (1) (a) Factory-built structures constructed, sold, or offered for sale within this state after the effective date of the rules promulgated pursuant to this part 33 must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.
(a.3) Manufacturers of factory-built structures to be installed in the state shall register with the division as provided in board rules and are subject to enforcement action, including suspension or revocation of their registration for failing to comply with requirements contained in this part 33 and board rules. A manufacturer shall:
(I) Comply with escrow requirements of down payments as established by the board by rule; and
(II) Provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board by rule. A financial institution or authorized insurer shall pay the division the letter of credit, certificate of deposit, or surety bond if a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that:
(A) The manufacturer failed to deliver the factory-built structure;
(B) The manufacturer failed to refund a down payment made toward the purchase of the factory-built structure; or
(C) The manufacturer ceased doing business operations or filed for bankruptcy.
(a.5) Factory-built structures constructed or sold for transportation to and installation in another state need not bear an insignia of approval issued by the division.
(a.7) (I) The division shall conduct a full design and plan review and inspection of the construction of factory-built structures to the extent the design and construction relates to work performed off site or work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government shall not duplicate efforts to review or approve the construction of a factory-built structure that is under review or approved by the division nor shall it charge building permit fees to cover the cost of plan reviews or inspections performed by the division. A local government's jurisdiction is limited to work done at the installation site in compliance with subsection (6) of this section and includes associated plan review, permits, inspections, and fees.
(II) The division may authorize a local government to inspect and approve work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government may charge inspection fees if authorized to assist the division to inspect and approve work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure.
(b) Rented or leased factory-built structures that are occupied on or after March 1, 2009, must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.
(2) Factory-built residential structures constructed prior to March 31, 1971, are subject to any existing state or local government rules relating to the construction of the structures.
(3) Factory-built nonresidential structures constructed prior to July 1, 1991, are subject to any existing state or local government rules relating to the construction of the structures.
(4) [Editor's note: This version of subsection (4) is effective until (see editor's note following this section).] A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state and accounting for any local government installation requirements adopted in compliance with sections 24-32-3310 and 24-32-3318 that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.
(4) [Editor's note: This version of subsection (4) is effective (see editor's note following this section).] A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.
(5) No factory-built structures bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 may be in any way modified contrary to the rules promulgated pursuant to section 24-32-3305 prior to or during installation unless approval is first obtained from the division.
(6) All work at the installation site that is unrelated to the installation of a factory-built structure or unrelated to completing construction of a factory-built structure at the installation site as reflected in the approved plans for the factory-built structure, including additions, modifications, and repairs to a factory-built structure, such as a foundation system and any site-built component that is connected to the factory-built structure like a garage or deck, is subject to applicable local government rules.
(7) [Editor's note: Subsection (7) is effective (see editor's note following this section).]
(a) The advisory committee shall develop processes required for electrical or plumbing code compliance when undertaking or completing the construction or installation of a factory-built structure.
(b) Any future renovation, alteration, or repair of the factory-built structure, including electrical and plumbing, that is proposed following the installation at the site is subject to all codes and rules of the appropriate governmental agencies having jurisdiction over the structure and is subject to the jurisdiction of the state electrical board or state plumbing board and the corresponding professional practice acts of those licensed professions.
(c) Notwithstanding any other law, factory-built structures certified by the division prior to the effective date of regional building code standards adopted pursuant to section 24-32-3304 (1)(h) are subject to any state or local government rules concerning unique public safety requirements related to geographic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk relating to the construction and installation of the structures existing before the effective date of the regional building code standards.
(8) The board shall notify the revisor of statutes in writing, by emailing the notice to revisorofstatutes.ga@coleg.gov, of the date on which the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e).
Source: L. 2003: Entire part added, p. 540, § 2, effective March 5. L. 2007: (4) and (6) amended, p. 434, § 2, effective August 3. L. 2008: (1) amended, p. 1739, § 2, effective June 2. L. 2019: (1)(a) amended and (1)(a.5) added, (HB 19-1238), ch. 130, p. 585, § 2, effective August 2. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 471, § 11, effective September 7. L. 2022: (1)(a.3), (1)(a.7), (4), and (6) amended, (HB 22-1242), ch. 172, p. 1124, § 9, effective August 10. L. 2025: (6) amended and (8) added, (SB 25-002), ch. 172, p. 721, 12, 15, effective May 8; (4) amended and (7) added, (SB 25-002), ch. 172, p. 721, 12, effective (see editor's note).
Editor's note: Section 18(2) of chapter 172 (SB 25-002), Session Laws of Colorado 2025, provides that amendments to subsection (4) and the enactment of subsection (7) are effective only if the revisor of statutes receives notice pursuant to subsection (8). Amendments to subsection (4) and the enactment of subsection (7) take effect upon the date identified in such notice, or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. As of publication date, the revisor of statutes has not received the notice referred to in this section.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3312. Notification and correction of defects. A manufacturer to be certified as meeting federal standards must furnish notification of any defect in a manufactured home produced by the manufacturer that the manufacturer determines, in good faith, relates to a manufactured home construction or safety standard or constitutes an imminent safety hazard to the purchaser of the manufactured home within a reasonable time after the manufacturer has discovered the defect in accordance with the provisions under the federal act or any board rule.
Source: L. 2003: Entire part added, p. 540, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 473, § 12, effective September 7.
24-32-3313. Injunctive relief. (Repealed)
Source: L. 2003: Entire part added, p. 540, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 473, § 13, effective September 7. L. 2022: Entire section repealed, (HB 22-1242), ch. 172, p. 1125, § 10, effective August 10.
24-32-3314. Cooperation with department of revenue. The division may cooperate with the department of revenue in any manner feasible to ensure that the provisions of this part 33 are carried out.
Source: L. 2003: Entire part added, p. 541, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 473, § 14, effective September 7.
24-32-3315. Installers of manufactured homes and tiny homes - registration - fees - educational requirements - rules. (1) (a) Any installer in this state must first register with the division. A registered installer is responsible for supervising all employees and for the proper and competent performance of all employees working under their supervision.
(b) Persons who are not required to register as an installer with the division include:
(I) A person employed by a registered or certified installer, as well as a person employed by a legal or commercial entity employing a registered or certified installer when performing installation functions under the direct on-site supervision of the registered or certified installer.
(II) (Deleted by amendment, L. 2021.)
(c) (I) A homeowner is not required to register as an installer with the division if the homeowner installs the homeowner's own manufactured home that is a one- or two-family dwelling intended for the homeowner's own personal use or a tiny home intended for the homeowner's own personal use, but the homeowner must comply with all provisions of this part 33 other than registration provisions. A homeowner is limited to one installation in any twelve-month period and no more than five during the homeowner's lifetime.
(II) A homeowner installing the homeowner's own manufactured home or tiny home shall do the installation work. If the homeowner has another person perform installation work, that person must be a registered or certified installer.
(2) Each registered installer must file with the division a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board through rule-making for the performance of an installation pursuant to the manufacturer's instructions or standards promulgated by the division. The letter of credit, certificate of deposit, or surety bond must be filed with the division at the same time the initial application for registration is filed.
(3) A person applying for registration or certification as an installer or on behalf of a business entity to perform installations, whether an initial or renewal application, must submit the application on a form provided by the division and verified by a declaration dated and signed by the applicant under penalty of perjury. The application must contain, in addition to any other information the division may reasonably require, the name, address, email address, and telephone number of the applicant. The division shall make the application and declaration available for public inspection.
(4) In order to be registered initially as an installer or to have a business entity registered to perform installations, an applicant must:
(a) Be at least eighteen years of age;
(b) Furnish written evidence of twelve months of installation experience under direct supervision of a registered or certified installer or equivalent training or experience as determined by the division;
(b.5) Furnish written evidence of completion of eight hours of division-approved installation education;
(b.7) Pass a division-approved installation test; and
(c) Carry and provide proof of liability insurance in an amount and process established by the board through rulemaking.
(5) A registration issued pursuant to this section is valid for one year from the date of issuance and cannot be transferred or assigned to another person or business entity. The amount of the registration fee must be no more than two hundred fifty dollars. If any of the application information for the registered installer changes after the issuance of a registration, the registered installer must notify the division in writing within thirty days from the date of the change. The division may suspend, revoke, or deny renewal of a registration if the registered installer fails to notify the division of any change in the application.
(6) Any registered installer seeking to renew registration must, at the time of applying for renewal, provide proof of liability insurance, proof of completion of division-approved installation education as established by the board through rule-making, and a letter of credit, certificate of deposit, or surety bond for the registration term in compliance with subsections (2) and (4) of this section.
(7) (a) Any registered installer who has performed five installations that have passed inspection by the division may apply to the division for certification. The division will issue certification to qualified registered installers. The division cannot charge a fee for certification of installers.
(b) (Deleted by amendment, L. 2021.)
Source: L. 2003: Entire part added, p. 541, § 2, effective March 5. L. 2008: (4) and (6) amended, p. 1740, § 3, effective June 2. L. 2009: (6) amended, (HB 09-1171), ch. 95, p. 361, § 1, effective April 3. L. 2021: (1), (2), (3), IP(4), (4)(c), (5), (6), and (7) amended, (HB 21-1019), ch. 122, p. 473, § 15, effective September 7. L. 2022: (1)(c), (3), IP(4) amended, (HB 22-1242), ch. 172, p. 1125, § 11, effective August 10. L. 2025: (3), IP(4), and (5) amended, (SB 25-002), ch. 172, p. 723, § 16, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3315.5. Contract for the installation of manufactured homes and tiny homes - requirements. (1) A registered or certified installer must provide a contract for the installation of each manufactured home or tiny home and make the following disclosures in any contract for the installation of a manufactured home or tiny home:
(a) That the installer has a letter of credit, certificate of deposit, or surety bond filed with the division for the performance of the installation;
(b) That an aggrieved person may file a complaint with the division concerning the performance of the installation, including making a claim against the letter of credit, certificate of deposit, or surety bond filed with the division; and
(c) That an aggrieved person may bring a civil action pursuant to the Colorado Consumer Protection Act, section 6-1-105 (1)(ss), to remedy violations of the installation requirements in this part 33. However, damages are limited in accordance with section 6-1-113 (2.7).
(2) Any installer who fails to provide a contract as required by this section, including all disclosures is subject to the suspension or revocation of the registration by the division.
Source: L. 2021: Entire section added, (HB 21-1019), ch. 122, p. 475, § 16, effective September 7. L. 2022: IP(1), (1)(a), and (1)(b) amended, (HB 22-1242), ch. 172, p. 1126, § 12, effective August 10.
24-32-3316. Compliance with manufacturer's installation instructions. (1) Except as provided by subsection (2) or (3) of this section, any installation must be performed in strict accordance with the applicable manufacturer's installation instructions. A copy of the manufacturer's instructions or the standards promulgated by the division must be available at the time of installation and inspection.
(2) If, in the exercise of reasonable professional judgment, the installer identifies any reason why strict compliance with the manufacturer's installation instructions would cause harm or would otherwise be unsuited to the particular circumstances, the installer must contact the division about how to proceed.
(3) If a manufacturer's installation instructions are not available or applicable to a particular installation, the installation must proceed in compliance with standards promulgated by the division.
Source: L. 2003: Entire part added, p. 542, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 476, § 17, effective September 7. L. 2022: (1) amended, (HB 22-1242), ch. 172, p. 1126, § 13, effective August 10.
24-32-3317. Installation of manufactured homes and tiny homes - authorization - certificates - inspections - inspector qualification and education requirements - rules. (1) Before beginning an installation, the owner or registered installer of a manufactured home or tiny home must submit a request to the division and receive an installation authorization from the division on a division-approved form, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor, in which case the owner or registered installer is to follow the local government's process for receiving authorization to install a manufactured home or tiny home.
(2) The division may certify any installer who provides evidence of five or more installations of manufactured homes or tiny homes performed by the installer for which installation authorizations have previously been issued in accordance with this section when, in the judgment of the division, the installer has demonstrated the ability to successfully complete installations in accordance with this part 33.
(2.3) An installer certified by the division is not required to obtain an installation authorization from the division, but a certified installer is required to obtain authorization to install a manufactured home or tiny home from any local government participating as an independent contractor. For any installation occurring within the jurisdiction of a local government not participating as an independent contractor, the certified installer, upon completion of the installation in accordance with this part 33 and board rules, shall affix on the manufactured home or tiny home an installation insignia issued by the division.
(2.5) The division or independent contractor will affix an installation insignia upon passing an inspection of an installation that was completed in accordance with the requirements of this part 33 and board rules. A local government participating as an independent contractor is to authorize, inspect, and certify all installations occurring in its jurisdiction on behalf of the division, including any performed by a certified installer.
(2.7) Any installations certified on behalf of the division by a certified installer or independent contractor must be reported to the division in a manner specified by the division.
(2.9) The division or an independent contractor at the request of the division may, at the division's sole discretion, inspect an installation performed by a certified installer and may require the certified installer to correct, within a period established by rule promulgated by the board, any defects or deficiencies in the installation. The division may revoke the certification of any installer when, in the judgment of the division, the installer has performed an installation in violation of this part 33 or board rules adopted under this part 33. Any installer whose certification has been so revoked may apply for recertification in accordance with rules promulgated by the division.
(3) (a) The division may fine a registered installer or suspend or revoke the registration of a registered installer if the installer fails to:
(I) Comply with the registration requirements of section 24-32-3315; or
(II) Otherwise pay to the owner or occupant of a manufactured home or tiny home:
(A) The cost of an inspection that fails to meet the requirements of the manufacturer's instructions or the standards promulgated by the division or any subsequent required inspection;
(B) The cost of any subsequent repairs that are necessary to bring the installation into compliance with the manufacturer's instructions or the standards promulgated by the division; or
(C) A refund of any money paid up front that did not result in a complete installation by the installer or that was used to pay a different registered installer to complete the installation.
(b) (I) A financial institution or authorized insurer is required to make payment to the division when the division makes a claim against the letter of credit, certificate of deposit, or surety bond:
(A) If a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that the registered installer failed to perform on the installation as required by this part 33 or board rules; or
(B) If the registered installer ceases business operations or files for bankruptcy.
(II) The division may suspend or revoke the registration of any installer who fails to provide a letter of credit, certificate of deposit, or surety bond as required by section 24-32-3315 (2) and (6) or who otherwise fails to pay any judgment by a court of competent jurisdiction in favor of the division.
(c) The division may also take enforcement action on the registration of an installer for failing to comply with any other installation requirements contained in this part 33 and any board rules.
(4) An owner or a registered installer must display an installation authorization at the site at which a manufactured home or tiny home is to be installed until an installation insignia is issued by the division or independent contractor, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor. If the local government is an independent contractor, the owner or registered installer shall follow the local government's process for identifying a manufactured home or tiny home to be installed until the division's installation insignia is issued by the local government.
(5) (a) The division shall adopt rules that specify a standard form to be used statewide by the division or an independent contractor as a certificate of installation certifying that a manufactured home or tiny home was installed in compliance with this part 33. However, the certificate of installation applies only to an installation of a manufactured home or of a tiny home. The certificate of installation must include the following:
(I) The name, address, and telephone number of the division;
(II) The date the installation was completed; and
(III) The name, address, telephone number, and registration number of the registered installer who performed the installation.
(b) If a vacant manufactured home or tiny home fails an installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home or tiny home cannot be occupied until the defects or deficiencies that form the basis of the failed inspection are corrected. If a manufactured home or tiny home fails an installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home or tiny home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.
(6) In addition to inspections performed pursuant to subsection (2.9) of this section, the division or the independent contractor that performs inspections and enforcement of proper installations may inspect an installation upon request filed by the owner, installer, manufacturer, or seller. The party requesting the inspection must pay for the inspection.
(7) If an installation fails the inspection conducted by the division or the independent contractor and the division or the independent contractor determines that the installer has failed to comply with the manufacturer's instructions or violated any of the installation standards promulgated by the division, the installer shall reimburse the party requesting the inspection for the cost of the failed inspection and pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards promulgated by the division. The installer shall also pay for any subsequent inspections required by the division or the independent contractor. Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the division or the independent contractor results in the forfeiture of the installer's performance bond on behalf of the owner.
(8) (a) The division may authorize an independent contractor to perform inspections and enforcement of proper installations.
(b) (I) The division shall provide training for independent contractors to perform installation inspections. The training must enable independent contractors who successfully complete the training to be certified by the division. Independent contractors must be certified by the division to perform installation inspections.
(II) The division may accept gifts, grants, or donations for the training of independent contractors. The division shall transmit any gifts, grants, or donations it receives to the state treasurer for deposit in the building regulation fund created in section 24-32-3309.
(c) The division shall establish by rule the qualifications of an inspector and the areas of expertise necessary for inspecting manufactured homes or tiny homes. A new inspector must pass a division-approved installation test. The qualifications for an inspector include those of a professional civil engineer, local housing inspector, or independent contractor. Inspectors shall also complete and maintain records of the completion of division-approved education as established by the board by rule.
(9) If an installation or subsequent repair of an installation fails to comply with the manufacturer's instructions or meet the standards promulgated by the division within a period determined by the division, the division shall investigate the actions of the installer. The division may revoke, suspend, or refuse to renew the registration or certification of the installer for failing to comply with the manufacturer's instructions or the division's standards regarding an installation. Any independent contractor that knows of an installer whose installations have failed inspection and have not been cured by subsequent repair shall request that the division investigate the installer.
(10) The board shall adopt rules concerning:
(a) A standard installer inspection form to be used statewide by the division or an independent contractor that performs manufactured home installation inspection and enforcement activities;
(b) Certification requirements for independent contractors to use to inspect installations;
(c) Proper installation inspection and enforcement standards;
(d) A standard certificate of installation to be used statewide by the division; and
(e) Any other matter necessary for the implementation of the installation requirements in this part 33.
Source: L. 2003: Entire part added, p. 542, § 2, effective March 5. L. 2007: IP(5)(a) amended, p. 435, § 3, effective August 3. L. 2008: (8) amended, p. 1740, § 4, effective June 2. L. 2009: (6) amended, (HB 09-1171), ch. 95, p. 361, § 2, effective April 3. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 476, § 18, effective September 7. L. 2022: (1), (2), (2.3), (2.9), IP(3)(a), IP(3)(a)(II), (3)(a)(II)(C), (3)(b), (4), IP(5)(a), (5)(b), (6), (7), (8), (9), IP(10), and (10)(e) amended, (HB 22-1242), ch. 172, p. 1126, § 14, effective August 10.
24-32-3318. Local installation standards preempted - notice to revisor of statutes. (1) (a) Except as authorized in section 24-32-3329, a local government shall not adopt less stringent standards for an installation than those promulgated by the division. A local government shall not, without express consent by the division, adopt different standards than the standards for an installation promulgated by the division.
(b) This subsection (1) is repealed only if the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e). The board shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This subsection (1) is repealed upon the date identified in the notice that the board has adopted rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e), or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
(2) (a) Nothing in this section prohibits a local government from enacting standards for mobile homes concerning unique public safety requirements related to geographic or climatic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk, as otherwise permitted by law.
(b) Unless the United States department of housing and urban development has granted an exemption to a local government, a local government shall not impose:
(I) Weight restrictions for roof snow loads or wind shear factors on a manufactured home built to the federal manufactured home construction and safety standards that are different from what has been zoned for the state of Colorado by the United States department of housing and urban development pursuant to the federal act; or
(II) Any other requirements that would impact the design and construction of the manufactured home.
(3) Nothing in this section prohibits a local government from requiring on-site mitigation to address unique public safety requirements related to geographic and climatic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk on a manufactured home built to the federal manufactured home construction and safety standards, so long as there is no interference with the federal standards for the design and construction of the manufactured home.
Source: L. 2003: Entire part added, p. 545, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 480, § 19, effective September 7. L. 2022: Entire section amended, (HB 22-1242), ch. 172, p. 1129, § 15, effective August 10. L. 2025: (1) and (2)(a) amended, (SB 25-002), ch. 172, p. 722, § 13, effective May 8.
Editor's note: As of publication date, the revisor of statutes has not received the notice referred to in this section.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3319. Prohibited acts. It shall be unlawful for any person to perform an installation without regard to whether the person receives compensation, except as provided in this part 33. Any intentional violation of the installation provisions of this part 33 constitutes a deceptive trade practice subject to section 6-1-105 (1)(ss) and the Colorado Consumer Protection Act, article 1 of title 6. However, damages must be limited in accordance with section 6-1-113 (2.7).
Source: L. 2003: Entire part added, p. 545, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 480, § 20, effective September 7.
24-32-3320. Penalty for violation. Any person found to have performed an installation in a manner contrary to the requirements of this part 33 is subject to revocation or suspension of an installer's registration, fines, or any other measures as prescribed by rule promulgated by the division or other applicable Colorado law. The division may issue a fine of up to one thousand dollars for each violation. Multiple violations of this part 33 committed during a single installation constitutes one violation. Each installation performed in violation of this part 33 will constitute a separate violation. Fines must be paid to the division and transmitted to the state treasurer who must credit the fees to the building regulation fund created in section 24-32-3309.
Source: L. 2003: Entire part added, p. 545, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 480, § 21, effective September 7.
24-32-3321. Investigations of consumer complaints. The division may investigate complaints filed by owners, occupants, or other consumers relating to the construction of factory-built structures and manufactured homes, and the installation or sale of manufactured homes and tiny homes as necessary to enforce and administer this part 33.
Source: L. 2003: Entire part added, p. 546, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 481, § 22, effective September 7. L. 2022: Entire section amended, (HB 22-1242), ch. 172, p. 1130, § 16, effective August 10.
24-32-3322. Training of inspectors - acceptance of gifts, grants, and donations. (Repealed)
Source: L. 2003: Entire part added, p. 546, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 481, § 23, effective September 7. L. 2022: Entire section repealed, (HB 22-1242), ch. 172, p. 1130, § 17, effective August 10.
24-32-3323. Sellers of manufactured homes and tiny homes - registration. (1) Any seller is required to register with the division before engaging in the business of selling manufactured homes or tiny homes if either is installed in Colorado.
(2) A person applying for a registration or renewal required by this section must submit the application on a form provided by the division and must verify the application by a declaration signed and dated, under penalty of perjury, by a principal of the seller. The application must contain, in addition to any other information regarding the conduct of the seller's business that the division may reasonably require, the name, address, email address, and position of each principal of the seller and each person who exercises management responsibilities as part of the seller's business activities. The application must also contain the address, email address, and telephone number of each retail location operated by the applicant, as well as the location and account number of the separate fiduciary account required by section 24-32-3324 (1) and any board rules. The division must preserve the application and declaration and make them available for public inspection.
(3) (a) The division shall register an applicant that complies with subsection (2) of this section and that is qualified in accordance with this section and the rules promulgated under this section.
(b) A registration issued under subsection (3)(a) of this section is valid for twelve months after the date of issuance. The division shall not set the registration fee at an amount of more than two hundred dollars.
(c) If, after registering a seller, any of the required information submitted with the application for the registration becomes inaccurate, a principal of the seller shall notify the division in writing of the inaccuracy within thirty days and provide the division with accurate updated information.
(4) For purposes of this section, a person is not a seller if the person:
(a) Is a natural person acting personally in selling a manufactured home owned or leased by the person or a tiny home owned or leased by the person;
(b) Sells a manufactured home or a tiny home in the course of engaging in activities that are subject to article 10 of title 12 or an exemption set forth in article 10 of title 12;
(c) Sells a manufactured home or a tiny home for salvage or nonresidential use;
(d) Directly or indirectly sells, in any calendar year, three or fewer previously occupied manufactured homes or tiny homes that are owned by a mobile home park owner and are located within one or more mobile home parks in Colorado; or
(e) For a salary, commission, or compensation of any kind, is employed directly or indirectly by any registered seller to sell or negotiate for the sale of manufactured homes or tiny homes.
Source: L. 2003: Entire part added, p. 546, § 2, effective March 5. L. 2019: (4)(b) amended, (HB 19-1172), ch. 136, p. 1688, § 128, effective October 1. L. 2021: (1), (2), (3), IP(4), (4)(c), and (4)(d) amended and (4)(e) added, (HB 21-1019), ch. 122, p. 481, § 24, effective September 7. L. 2022: Entire section amended, (HB 22-1242), ch. 172, p. 1131, § 18, effective August 10.
24-32-3324. Escrow and bonding requirements - rules. (1) Any person required to register with the division pursuant to section 24-32-3323 must comply with any escrow requirements as established by the board through rulemaking.
(2) (a) A seller must provide a letter of credit or certificate of deposit issued by a licensed financial institution or surety bond issued by an authorized insurer in an amount and in accordance with the process established by the board by rule.
(b) A financial institution or authorized insurer is required to make payment to the division when the division makes a claim against the letter of credit, certificate of deposit, or surety bond:
(I) If a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that the registered seller failed to:
(A) Deliver the manufactured home or tiny home or refund payments made toward the purchase of the manufactured home or of the tiny home as required by this part 33 or board rules; or
(B) Provide a reasonable per diem living expense in violation of the contractual provisions required by section 24-32-3325; or
(II) If the registered seller ceases business operations or files for bankruptcy.
(c) The division may suspend or revoke the registration of any seller that fails to provide a letter of credit, certificate of deposit, or surety bond as required by this subsection (2) or that otherwise fails to pay any judgment by a court of competent jurisdiction in favor of the division.
Source: L. 2003: Entire part added, p. 547, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 482, § 25, effective September 7. L. 2022: (2) amended, (HB 22-1242), ch. 172, p. 1132, § 19, effective August 10.
24-32-3325. Contract for sale of manufactured home or tiny home - requirements. (1) A seller must provide a contract with the sale of each manufactured home or tiny home and make the following disclosures in any contract for the sale of a manufactured home or tiny home:
(a) That the purchaser may have no legal right to rescind the contract absent delinquent delivery or the existence of a specific right of rescission set forth in the contract;
(b) If required to maintain an escrow account by the division, the seller has a separate fiduciary account in compliance with board rules and a letter of credit, certificate of deposit, or surety bond in an amount required in board rules;
(c) That an aggrieved person may file a complaint with the division against the seller for a refund of any payment held in escrow by a seller; and
(d) That an aggrieved person may bring a civil action pursuant to the Colorado Consumer Protection Act, section 6-1-709, to remedy violations of seller requirements in this part 33. However, damages are limited in accordance with section 6-1-113 (2.5).
(2) A contract for the sale of a manufactured home or tiny home by a seller must also contain the following provisions:
(a) Either:
(I) A date certain for the delivery of the manufactured home or tiny home; or
(II) A listing of specified delivery preconditions that must occur before a date certain for delivery can be determined;
(b) A statement that if delivery of the manufactured home or tiny home is delayed by more than sixty days after the delivery date specified in the contract of sale or by more than sixty days after the delivery preconditions set forth in the contract of sale have been met if no date certain for delivery has been set, the seller will either refund the down payment or provide a reasonable per diem living expense to the buyer for the days between the delivery date specified in the contract or the sixty-first day after the delivery preconditions set forth in the contract have been met, whichever is applicable, and the actual date of delivery, unless the delay in delivery is unavoidable or caused by the buyer; and
(c) An agreed upon location for delivery of the manufactured home or tiny home to the purchaser.
(3) Any seller who fails to provide a contract as required by this section, including all disclosures and provisions is subject to the suspension or revocation of the registration by the division.
Source: L. 2003: Entire part added, p. 548, § 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 483, § 26, effective September 7. L. 2022: IP(1), (1)(a), (1)(c), (1)(d), and (2) amended, (HB 22-1242), ch. 172, p. 1132, § 20, effective August 10.
24-32-3326. Unlawful sales practices - manufactured homes and tiny homes - fines. (1) A seller engages in an unlawful manufactured home or tiny home sales practice when the person:
(a) Fails to comply with the registration requirements of section 24-32-3323;
(b) Fails to comply with the escrow and bonding requirements of section 24-32-3324 or board rules;
(c) Fails to provide and include in any contract for the sale of a manufactured home or tiny home any of the disclosures or contract provisions required by section 24-32-3325; or
(d) Fails to refund any payments made toward the purchase of the home or provide a reasonable per diem living expense in violation of the contractual provisions required by section 24-32-3325 (2)(b).
(2) A person that sells a manufactured home or tiny home in a manner contrary to this part 33 or rules adopted under this part 33 is subject to revocation or suspension of a seller's registration, fines, or any other measures as prescribed by rules that the division promulgates or by other applicable Colorado law. The division may issue a fine of up to ten thousand dollars for each violation. Multiple violations of this part 33 or rules adopted under this part 33 that are committed during a single sale constitute one violation. Each sale performed in violation of this part 33 or rules adopted under this part 33 constitutes a separate violation. Fines must be paid to the division and transmitted to the state treasurer, who must credit the fines to the building regulation fund created in section 24-32-3309.
Source: L. 2003: Entire part added, p. 549, § 2, effective March 5. L. 2021: IP(1), (1)(b), (1)(c), and (1)(d) amended and (2) added, (HB 21-1019), ch. 122, p. 484, § 27, effective September 7. L. 2022: IP(1), (1)(b), (1)(c), and (2) amended, (HB 22-1242), ch. 172, p. 1133, § 21, effective August 10.
24-32-3327. Inspections. (1) For the purposes of enforcement of this part 33, persons duly designated by the division, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized:
(a) To enter at reasonable times and without advance notice any factory, warehouse, or establishment in which manufactured homes, tiny homes, or factory-built structures are manufactured, stored, or held for sale;
(b) To inspect at reasonable times, within reasonable limits, and in a reasonable manner, any factory, warehouse, or establishment in which manufactured homes, tiny homes, or factory-built structures are manufactured, stored, or held for sale and to inspect any books, papers, records, and documents that relate to the safety of manufactured homes, tiny homes, or factory-built structures. Each inspection must be commenced and completed with reasonable promptness.
(c) To enter and inspect, at reasonable times and without advance notice, any site on which a manufactured home or a tiny home is being or has been installed or reinstalled at or near the time of installation or reinstallation; and
(d) To inspect any books, papers, records, and documents that relate to the proper installation of a manufactured home or a tiny home.
(2) In addition to any other inspection responsibilities, the division has the responsibility for the electrical inspections of any factory-built structures in plants that are certified by the division pursuant to this part 33.
(3) When acting as agent for the federal government, the division is authorized to conduct inspections and investigations pursuant to this section as may be necessary to promulgate or enforce federal manufactured home construction and safety standards established under the federal act or otherwise to carry out its duties under its agreement as agent. The division must furnish the secretary any information obtained indicating noncompliance with the standards for appropriate action.
(4) The state director of housing is authorized to contract, as an agent for the federal government to:
(a) Conduct inspections, hearings, and building plan approvals;
(b) Keep records;
(c) Report inspections; and
(d) Perform all other necessary activities to fulfill federal functions under the federal act.
Source: L. 2003: Entire part added, p. 549, § 2, effective March 5. L. 2021: IP(1), (1)(b), (1)(c), (1)(d), (2), and (3) amended, (HB 21-1019), ch. 122, p. 485, § 28, effective September 7. L. 2022: (1) amended, (HB 22-1242), ch. 172, p. 1134, § 22, effective August 10.
24-32-3328. Tiny homes - standards - rules. (1) By July 1, 2023, the board shall promulgate rules establishing standards for the manufacture of tiny homes. The board may use any national or international standard that is appropriate for all or a portion of a tiny home if the board finds that the standard provides for reasonable safety standards for tiny home occupants. The board may modify, by rule, any national or international standard adopted under this subsection (1) as necessary for use in Colorado.
(2) The board shall establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity.
(3) In promulgating rules under this section, the board shall consider:
(a) The importance of keeping tiny homes affordable;
(b) The unique characteristics of tiny homes such as size constraints and construction on a chassis so that they can be moved from site to site;
(c) That many tiny homes are built by shops producing fewer than twenty units per year;
(d) That many tiny homes are custom-built rather than mass-produced models; and
(e) That many tiny homes are built by their owners rather than by commercial shops.
Source: L. 2022: Entire section added, (HB 22-1242), ch. 172, p. 1134, § 23, effective August 10.
24-32-3329. Local governments inspections of tiny homes - connection to utilities - rules. (1) A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service.
(2) A state plumbing inspector or a local government may approve the connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service.
Source: L. 2022: Entire section added, (HB 22-1242), ch. 172, p. 1134, § 23, effective August 10.
PART 34
COMPREHENSIVE STRATEGIC ACTION PLAN
ON AGING POPULATION IN COLORADO
24-32-3401 to 24-32-3408. (Repealed)
Editor's note: (1) Section 24-32-3408 provided for the repeal of this part 34, effective July 1, 2022. (See L. 2015, p. 1127.)
(2) Subsection (2) of § 24-32-3407 was amended in HB 22-1209. Those amendments were superseded by the repeal of this part 34 in HB 15-1033, effective July 1, 2022. For the amendments to subsection (2) in HB 22-1209 in effect from April 12, 2022, to July 1, 2022, see chapter 95, Session Laws of Colorado 2022. (L. 2022, p. 453.)
PART 35
PEACE OFFICERS MENTAL HEALTH SUPPORT GRANT PROGRAM
24-32-3501. Peace officers behavioral health support and community partnerships grant program - created - report - rules - fund - definitions - repeal. (1) There is created in the department of local affairs, referred to in this section as the department, the peace officers behavioral health support and community partnerships grant program to provide grants to law enforcement agencies, behavioral health entities, county or district public health agencies, community-based social service and behavioral health providers, peace officer organizations, and public safety agencies for the purposes identified in subsection (2) of this section.
(2) Grant recipients may use money received through the grant program for the following purposes:
(a) Co-responder community responses;
(b) Community-based alternative responses;
(c) Counseling services for peace officers and their immediate family members, including reimbursing peace officers who have paid the costs of their own counseling services;
(d) Assistance for law enforcement agencies' development and implementation of policies to support peace officers who are involved in a shooting or a fatal use of force;
(e) Training and education programs that teach peace officers and their immediate family members the symptoms of job-related mental trauma and how to prevent and treat such trauma;
(f) Peer support programs for peace officers; and
(g) Hiring, contracting, or developing a remote network to provide behavioral health counseling, therapy, or other related support services to peace officers involved in job-related traumatic situations.
(2.5) (Deleted by amendment, L. 2021.)
(3) Public safety agencies, law enforcement agencies, and peace officer organizations that apply for grants pursuant to subsection (2) of this section are encouraged to do so, to the extent possible, in collaboration with the community mental health centers and other community-based social service or behavioral health providers in their regions.
(4) The department shall administer the grant program and, subject to available appropriations, shall award grants as provided in this section from the fund created in subsection (7) of this section. The department shall transfer the awarded grant money to a grant recipient as soon as practicable after the grant recipient's grant application is approved.
(5) The executive director of the department, or the executive director's designee, shall develop policies and procedures as may be necessary to implement and administer the grant program. At a minimum, the policies and procedures must specify:
(a) The time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money;
(b) The criteria for the department to use in awarding and denying grants;
(c) That a public safety agency may apply for a grant for the purpose outlined in subsection (2)(a) or (2)(b) of this section;
(d) That a law enforcement agency or peace officer organization may apply for a grant for the purposes outlined in subsections (2)(a) to (2)(f) of this section; and
(e) That a behavioral health entity, county or district public health agency, or community-based social service or behavioral health provider may apply for a grant in partnership with a law enforcement agency or public safety agency for the purposes outlined in subsection (2)(a) or (2)(b) of this section.
(6) (a) In accordance with a schedule to be determined pursuant to policies and procedures developed by the executive director of the department, each grant recipient shall submit to the department a report that describes and includes documentation of the grant recipient's use of the grant money. The report must also include any information required by the department pursuant to the policies or procedures developed by the department pursuant to subsection (5) of this section. In preparing the report, each grant recipient shall redact the names and any other personal identifying information of each peace officer who received services, training, or education with grant money.
(b) (I) Repealed.
(II) Beginning with the 2023 regular legislative session and each year thereafter, the department shall prepare a report of the activities of the grant program and post the report on its website.
(7) (a) The peace officers behavioral health support and community partnership fund, referred to in this section as the fund, is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to subsection (7)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purposes of this section. Any unexpended and unencumbered money from an appropriation made for the purposes of this section remains available for expenditure by the department for the next two fiscal years without further appropriation. The department may use up to seven percent of the money annually appropriated to the fund to pay the direct and indirect costs that the department incurs in administering the grant program.
(b) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains therein and shall not be credited or transferred to the general fund or any other fund.
(d) (Deleted by amendment, L. 2021.)
(e) (I) On June 30, 2025, the state treasurer shall transfer three million sixty-eight thousand six hundred thirty-four dollars from the fund to the general fund.
(II) This subsection (7)(e) is repealed, effective July 1, 2026.
(8) As used in this section, unless the context otherwise requires:
(a) Behavioral health entity means a behavioral health entity licensed pursuant to article 27.6 of title 25.
(b) Community-based alternative response means a person-centered crisis response to community members who are experiencing problems related to poverty, homelessness, behavioral health, food insecurity, and other social issues, that directs certain calls for police service to more appropriate support providers in lieu of a police response.
(c) Community-based social services and behavioral health providers means providers of community-based alternative response and co-responder community response.
(d) Co-responder community response means a model of criminal justice diversion that pairs law enforcement and behavioral health providers to intervene and respond to behavioral health-related calls for police service, utilizing the combined expertise of the law enforcement officer and behavioral health specialist to de-escalate situations and help link individuals with behavioral health issues to appropriate services.
(e) County or district public health agency means a county or district public health agency created pursuant to section 25-1-506.
(f) Law enforcement agency means the Colorado state patrol, the Colorado bureau of investigation, the department of corrections, the department of revenue, a county sheriff's office, a municipal police department, a campus police department, a town marshal's office, or the division of parks and wildlife.
(g) Peace officer organization means:
(I) A statewide association of police officers and former police officers; or
(II) An organization within the state that provides services and programs that promote the mental health wellness of peace officers and that has at least one peace officer or former peace officer serving on its board of directors or in a comparable capacity.
(h) Public safety agency means an agency providing law enforcement, fire protection, emergency medical, emergency response services, or emergency dispatch services in response to 911 calls, as defined in section 29-11-103 (3).
(9) In addition to any other money appropriated or transferred to the fund, for state fiscal year 2022-23, the general assembly shall appropriate three million dollars from the general fund to the fund. The money appropriated pursuant to this section must be used for purposes described in subsections (2)(c) to (2)(g) of this section. This subsection (9) is repealed, effective July 1, 2026.
Source: L. 2017: Entire part added, (HB 17-1215), ch. 150, p. 507, § 3, effective August 9. L. 2019: (1), (2), (3), (5), (6), and (7) amended and (2.5) and (10.5) added, (HB 19-1244), ch. 223, p. 2252, § 1, effective August 2. L. 2021: Entire section amended, (HB 21-1030), ch. 354, p. 2302, § 2, effective September 7. L. 2022: (2)(e), (2)(f), (4), and (7)(a) amended and (2)(g) and (9) added, (SB 22-005), ch. 277, p. 1998, § 2, effective May 31. L. 2024: (6)(b)(II) amended, (SB 24-135), ch. 34, p. 112, § 18, effective March 22. L. 2025: (7)(e) added, (SB 25-264), ch. 129, p. 501, § 17, effective April 25.
Editor's note: Subsection (6)(b)(I) provided for the repeal of subsection (6)(b)(I), effective November 1, 2021. (See L. 2021, p. 2302.)
Cross references: For the legislative declaration in HB 21-1030, see section 1 of chapter 354, Session Laws of Colorado 2021. For the legislative declaration in SB 22-005, see section 1 of chapter 277, Session Laws of Colorado 2022.
24-32-3502. Public defender and prosecutor behavioral health support program - policies - report - fund. (1) (a) There is created in the department of local affairs, referred to in this section as the department, the public defender and prosecutor behavioral health support program to provide funding to the office of the state public defender and district attorney's offices for the purposes described in subsection (2) of this section.
(b) The department shall allocate fifty percent of the money appropriated for the program and any gifts, grants, and donations received by the department for the program to the office of the state public defender and the remaining fifty percent to the Colorado district attorneys' council, referred to in this section as the council, to award grants to district attorney's offices pursuant to subsection (3) of this section.
(2) The office of the state public defender may use money allocated to it pursuant to this section, and a grant recipient may use a grant award, for the following:
(a) Counseling services for public defenders, prosecutors, and other employees of a public defender's or district attorney's office, including reimbursements for those who have paid the costs of their own counseling services provided by a licensed mental health professional;
(b) Training and education programs that teach public defenders, prosecutors, and employees of a public defender's or district attorney's office the symptoms of job-related trauma and how to prevent and treat trauma; and
(c) Peer support programs for employees of the office of the state public defender or a district attorney's office.
(3) (a) The council shall administer a grant program to award grants to individual district attorney's offices. The council shall develop policies for the grant program, which must specify the form and deadlines for grant applications, the criteria for awarding grants, the time frames for awarding grants and distributing grant money, and any information a grant recipient must report to the council.
(b) In order to receive a grant award, a district attorney's office must submit an application to the council in accordance with the council's policies. The council shall review applications. On or before October 1 of each year and subject to available money, the council shall award grants.
(4) On or before January 31 of each year, the office of the state public defender and the council shall each report about the program to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees.
(5) (a) The public defender and prosecutor behavioral health support fund, referred to in this section as the fund, is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to subsection (5)(d) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(b) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purposes of this section.
(c) Repealed.
(d) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(6) The office of the state public defender may receive and expend money pursuant to this section without further appropriation.
Source: L. 2022: Entire section added, (SB 22-188), ch. 200, p. 1340, § 1, effective August 10.
Editor's note: Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective July 1, 2023. (See L. 2022, p. 1340.)
PART 36
RURAL ECONOMIC ADVANCEMENT
OF COLORADO TOWNS
24-32-3601. Short title. The short title of this part 36 is the Rural Economic Advancement of Colorado Towns (REACT) Act.
Source: L. 2018: Entire part added, (SB 18-005), ch. 53, p. 496, § 1, effective August 8.
24-32-3602. Legislative declaration. (1) The general assembly hereby finds and determines that:
(a) Certain significant economic events, such as plant closures and layoffs, including industry-wide layoffs, cause substantial job losses, which can have an especially detrimental impact when such job losses occur in rural communities;
(b) These events may create a sudden need for increased capacity for workforce, community, or economic development that cannot reasonably be accommodated through a rural community's ongoing operations and budget; and
(c) A rural community experiencing a significant economic event might not have the staffing capacity and ability to find and coordinate all of the resources available from various state agencies to assist the community with economic development and revitalization.
(2) Therefore, the general assembly determines and declares that a single state department should coordinate economic assistance for rural communities that have experienced significant economic events that have led to substantial job losses by coordinating nonmonetary resources and services offered by various state agencies to help rural communities with economic development and revitalization.
Source: L. 2018: Entire part added, (SB 18-005), ch. 53, p. 496, § 1, effective August 8.
24-32-3603. Definitions - rules. As used in this part 36, unless the context otherwise requires:
(1) Department means the department of local affairs.
(2) Executive director means the executive director of the department or the executive director's designee.
(3) (a) Rural means:
(I) A county with a population of fewer than fifty thousand; or
(II) A municipality with a population of fewer than twenty thousand if the municipality is not contiguous to a municipality with a population of twenty thousand or more.
(b) The executive director may modify, by rule, the definition of rural as necessary to implement this part 36.
(4) Significant economic event or event means an economic event occurring within a rural community or region, such as a plant closure or layoffs, including industry-wide layoffs, that may have a significant, quantifiable impact on the total number of jobs within the rural community, as determined by the executive director when considering applications for nonmonetary assistance pursuant to section 24-32-3604.
Source: L. 2018: Entire part added, (SB 18-005), ch. 53, p. 497, § 1, effective August 8.
24-32-3604. Rural economic advancement of Colorado towns - coordination of nonmonetary assistance - application - rules. (1) For the purpose of assisting rural communities with job retention and creation, the executive director shall coordinate the provision of available state nonmonetary resources and assistance to rural communities impacted by a significant economic event or an anticipated event that has been announced. Any staff support needed for the coordination of nonmonetary resources and assistance must be provided within the department's staffing structure as it existed on August 8, 2018, without additional full-time equivalent employees (FTE).
(2) (a) If a rural community has experienced a significant economic event or anticipates an event that has been announced, a person may apply to the executive director on behalf of the rural community for the provision and coordination of available state nonmonetary resources and other nonmonetary assistance. The executive director shall determine the form and manner of application for nonmonetary resources and assistance and shall publish application instructions and any necessary forms on the department's website.
(b) If a person applying on behalf of a rural community has sufficiently demonstrated to the executive director's satisfaction that the rural community qualifies for assistance under this section, the executive director shall coordinate the resources and assistance with the department of labor and employment created in section 24-1-121, the Colorado office of economic development created in section 24-48.5-101, and the regional manager of the region covering the rural community for the department of local affairs created in section 24-1-125. The executive director and the executive directors of the department of labor and employment and the Colorado office of economic development shall each determine whether such assistance requires any staffing support. If practicable within the agencies' existing resources, the executive director may coordinate nonmonetary resources and assistance from all relevant state agencies to the rural community, including the following types of assistance:
(I) Capacity-building resources and services such as job training and other workforce development;
(II) Technical assistance; and
(III) Other nonmonetary resources.
(3) The executive director may promulgate rules as necessary for the implementation of this section.
Source: L. 2018: Entire part added, (SB 18-005), ch. 53, p. 497, § 1, effective August 8.
24-32-3605. Repeal of part. (Repealed)
Source: L. 2018: Entire part added, (SB 18-005), ch. 53, p. 498, § 1, effective August 8. L. 2021: Entire section repealed, (SB 21-204), ch. 233, p. 1231, § 2, effective June 15.
PART 37
HOUSING NEEDS PLANNING
24-32-3701. Definitions. As used in this part 37, unless the context otherwise requires:
(1) Accessible housing or accessible unit means housing that satisfies the requirements of the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended, and incorporates universal design.
(2) Department means the department of local affairs.
(3) Director means the executive director of the department of local affairs.
(4) Displacement means:
(a) The involuntary relocation of residents, particularly low-income residents, or locally owned community serving businesses and institutions due to:
(I) Increased real estate prices or rents, property rehabilitation, redevelopment, demolition, or other economic factors;
(II) Physical conditions resulting from neglect and underinvestment that render a residence uninhabitable; or
(III) Physical displacement wherein existing housing units and commercial spaces are lost due to property rehabilitation, redevelopment, or demolition; or
(b) Indirect displacement resulting from changes in neighborhood population, if, when low-income households move out of housing units, those same housing units do not remain affordable to other low-income households in the neighborhood, or demographic changes that reflect the relocation of existing residents following widespread relocation of their community and community serving entities.
(5) Division of local government means the division of local government in the department of local affairs created in section 24-32-103.
(6) Dwelling unit means a single unit providing complete independent living facilities for one or more individuals, including permanent provisions for cooking, eating, living, sanitation, and sleeping.
(7) Local government means a home rule, territorial, or statutory county, city and county, city, or town.
(8) Major transit stop means a station for boarding and exiting general public passenger rail, including commuter rail and light rail, or a stop on a bus route with a service frequency of fifteen minutes or less for eight hours or more on weekdays, excluding seasonal service.
(9) Multifamily residential housing means a building or group of buildings on a lot with five or more separate dwelling units.
(10) Neighborhood center means an area that meets the following criteria:
(a) Allows a reasonable net housing density within zoning that supports mixed-use pedestrian-oriented neighborhoods, the development of regulated affordable housing, and increased public transit ridership, as applicable;
(b) Uses an efficient development review process for multifamily residential development on parcels in the area that are no larger than a size determined by the department; and
(c) Includes aspects of mixed-use pedestrian-oriented neighborhoods, as determined by criteria established by the department.
(11) Public facilities means public streets, roads, highways, sidewalks, street- and road-lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, buildings used in the provision of public services, and schools.
(12) Public services means fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, stormwater management, wastewater management, public transportation, public infrastructure maintenance, water, social services, and other services traditionally provided by government.
(13) Region or regional means a defined geographic area consisting of territory from more than one local government with a substantial interconnection in commuting patterns, economy, workforce, transportation and transit systems, public services, communities of interest, or other factors related to population and housing.
(14) Regional entity means a council of governments, a public entity formed by the voluntary agreement of local governments in the region, or a regional planning commission.
(15) Regulated affordable housing means affordable housing that:
(a) Has received loans, grants, equity, bonds, or tax credits from any source to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(b) Restricts or limits maximum rental or sale price for households of a given size at a given area median income, as established annually by the United States department of housing and urban development; and
(c) Ensures occupancy by low- to moderate-income households for a specified period detailed in a restrictive use covenant or similar recorded agreement.
(16) Single-unit detached dwelling means a detached building with a single dwelling unit located on a single lot.
(17) Supportive housing or supportive unit means a combination of housing and services intended as a cost-effective way to help people live more stable, productive lives, and typically combines affordable housing with intensive coordinated services to help people maintain stable housing and receive appropriate health care.
(18) Universal design means any dwelling unit designed and constructed to be safe and accessible for any individual regardless of age or abilities.
(19) Visitable housing or visitable unit means a dwelling unit that a person with a disability can enter, move around the primary entrance floor of, and use the bathroom in.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1944, § 1, effective May 30.
24-32-3702. Housing needs assessment methodology - statewide housing needs assessment - displacement risk guidance. (1) (a) No later than December 31, 2024, the director shall develop reasonable methodologies for conducting statewide, regional, and local housing needs assessments. The methodologies described in this subsection (1)(a) must establish baseline standards that seek to produce accurate data for internal state agency planning and grant programs and efficiently procure data for use by regions and local governments for planning purposes, but must also be designed to minimize the fiscal burden on local governments and regional entities conducting housing needs assessments. In developing the methodologies and guidance described in this section, the director shall consult with local governments and experts in planning and zoning, affordable housing, disability rights, homelessness resolution and prevention, tenants' rights, experts with demonstrated experience in conducting high-quality housing needs assessments and engagement of underrepresented communities, and other fields focused on housing needs planning. Prior to finalizing the assessment methodology and displacement risk mitigation strategies directory created pursuant to section 24-32-3706 (4), the division of local government shall engage in targeted outreach with focus groups for historically underconsulted and disproportionately impacted stakeholders, residents, and businesses to identify the primary reasons for displacement included among those identified in section 24-32-3701 (4).
(b) No later than November 30, 2027, and every six years thereafter, the director shall conduct a statewide housing needs assessment that analyzes existing and future statewide housing needs. The director shall publish a report based on the statewide housing needs assessment and regional and local housing needs assessments accepted by the department pursuant to section 24-32-3703 (3) or 24-32-3704 (3) that identifies current housing stock and estimates the number and type of dwelling units needed to accommodate future housing needs of the state based on population change projections. The report shall categorize statewide housing needs by household size; household type, including accessible, visitable, supportive, for-sale, and rental housing; and income levels, including extremely low-, very low-, low-, moderate-, and middle-income households as designated by the United States department of housing and urban development.
(c) The methodology for conducting a regional housing needs assessment must include methods for a regional entity to:
(I) Estimate existing housing stock in the region and in each local jurisdiction that forms the region;
(II) Estimate housing needs in the region and each local government's jurisdiction that forms the region, sorted by income level and dwelling type, including accessible units, supportive units, for-sale units, and rental units;
(III) Estimate the number of households in the region and each local government's jurisdiction that forms the region;
(IV) Estimate the number of jobs in the region and each local government's jurisdiction that forms the region, sorted by annual salary and wage;
(V) Estimate an allocation of housing needs identified in subsection (1)(c)(II) of this section to each local government in the region or contributing to housing needs in the region based on the number of jobs and each local government's dependence on jobs in the region, among other factors, to promote a balance of jobs at all salary levels and homes affordable to persons in the region holding jobs at all income levels in the region;
(VI) Identify areas at elevated risk of displacement in the region and each local government's jurisdiction that forms the region;
(VII) Estimate the water supply needs for the dwelling units identified in subsections (1)(c)(I) and (1)(c)(II) of this section using per capita water use rates identified in consultation with the department of natural resources; and
(VIII) Assess market limitations on the development of for-sale multifamily residential housing in the region.
(d) The methodology for conducting a local housing needs assessment must include methods and acceptable publicly available data sources for a local government to:
(I) Estimate existing housing stock in the local government's jurisdiction;
(II) Estimate housing needs within the local government's jurisdiction, sorted by income level and dwelling type, including accessible units, visitable units, supportive units, for-sale units, and rental units;
(III) Estimate the number of households in the local government's jurisdiction;
(IV) Estimate the number of jobs in the local government's jurisdiction sorted by annual salary and wage;
(V) Incorporate a portion of housing needs identified in any applicable state and regional housing needs assessment for the local government, as appropriate, based on the number of jobs and each local government's dependence on jobs in the region, among other factors, to promote a balance of jobs at all salary levels and homes affordable to persons in the region holding jobs at all income levels;
(VI) Identify areas at elevated risk of displacement in the local government's jurisdiction;
(VII) Estimate water supply needs for the dwelling units identified in subsections (1)(d)(I) and (1)(d)(II) of this section using per capita water use rates identified in consultation with the department of natural resources; and
(VIII) Assess market limitations on the development of housing in the local government's jurisdiction.
(e) The methodologies for regional and local housing needs assessments must include the following:
(I) A requirement that housing needs assessments include recommended policy and programmatic responses to the findings of the housing needs assessment, including the assessment of displacement risk; and
(II) Guidance regarding housing action plans created pursuant to section 24-32-3705, including the inclusion of recommendations for housing action plans in housing needs assessments and the sequencing of housing needs assessments and housing action plans.
(2) The methodologies for estimating housing needs in housing needs assessments must be based on the following baseline components for each region and local government:
(a) Existing and projected housing shortages and surpluses for different household types and income levels, including extremely low-, very low-, low-, moderate-, and middle-income households as designated by the United States department of housing and urban development;
(b) Existing housing diversity and stock;
(c) Current jobs by income level;
(d) Current median income;
(e) Population change projections, job growth projections, and demographic trends forecasted by the state demography office;
(f) Population and demographics;
(g) Measures of local resources dedicated to the development of affordable housing;
(h) Vacancy rates;
(i) Measures of homelessness and housing instability; and
(j) The job-housing balance, including the availability of housing for low-income workers.
(3) No later than December 31, 2024, the director shall develop guidance for regions and local governments to conduct a displacement risk assessment. In developing the guidance, the department shall include methods, with variations for different local contexts including the size and resource levels of local governments, for local governments to use to:
(a) Gather feedback through community engagement;
(b) Identify information from neighborhood-level early displacement warning and response systems or, if those systems are unavailable, identify the best available local, regional, state, or federal data that can be analyzed to identify residents at elevated displacement risk, which may include:
(I) The percentage of households that are extremely low-, very low-, and low-income, as designated by the United States department of housing and urban development;
(II) The percentage of residents who are renters;
(III) The percentage of cost-burdened households, defined as households that spend more than thirty percent of the household's income on housing needs;
(IV) The number of adults who are twenty-five years of age or older and have not earned at least a high school diploma;
(V) The percentage of households in which English is not the primary spoken language;
(VI) The number of single heads of household with children under eighteen years of age;
(VII) Data regarding rents or home values that are increasing at a substantially higher rate than adjacent neighborhoods in the region or local government's jurisdiction;
(VIII) Data regarding neighborhoods with high volume of sales of owner-occupied or investor-owned housing;
(IX) Data regarding increased sales and use taxes generated from commercial and retail activity;
(X) Data regarding business closures; and
(XI) The percentage of housing stock built prior to 1970;
(c) Identify the location of manufactured home parks;
(d) Identify areas that qualify as disadvantaged as determined with the climate and economic justice screening tool developed by the council on environmental quality in the office of the president of the United States; and
(e) Identify areas that will experience increased zoning capacity on or after January 1, 2025.
(4) Any methodology or guidance developed by the director pursuant to this section must permit the substitution of an assessment of housing needs or displacement risk conducted pursuant to the requirements of any other federal or state law or regulation.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1947, § 1, effective May 30.
24-32-3703. Local housing needs assessments - procedure - exempt local governments. (1) (a) No later than December 31, 2026, each local government shall conduct and publish a local housing needs assessment that conforms to the methodology for conducting local housing needs assessments developed by the director pursuant to section 24-32-3702 (1)(d) for the territory covered by the local government's master plan.
(b) A housing needs assessment conducted by or on behalf of a local government after January 1, 2022, qualifies as having satisfied the requirement of subsection (1)(a) of this section, if the local government submits the assessment to the department no later than December 31, 2024, and the department determines that the most recent version of the assessment conforms to the methodology for conducting a regional housing needs assessment or local housing needs assessment pursuant to section 24-32-3702. The department shall review a housing needs assessment and make such a determination within ninety days of a local government submitting the housing needs assessment to the department.
(2) Beginning on December 31, 2026, a local government shall complete a housing needs assessment no less often than every six years, except as provided in this section.
(3) Upon conducting a local government housing needs assessment pursuant to subsection (1) of this section, a local government's governing body shall consider the local housing needs assessment at a public meeting. Within sixty days of considering the local housing needs assessment at a public meeting, the local government shall submit the housing needs assessment along with any comments of the local government's governing body to the department. The department shall not accept a housing needs assessment from a local government that does not include the elements listed in section 24-32-3702 (1)(d)(I) through (VI) and demonstrate consideration of the baseline components listed in section 24-32-3702 (2). The department shall notify a local government if it does not accept an assessment. The department shall post the housing needs assessment on its website after accepting the assessment.
(4) A local government is exempt from the requirements of this section if:
(a) The local government participates in the creation of a regional housing needs assessment pursuant to section 24-32-3704 that is updated no less often than every six years, provided that, to be exempt from the requirement to conduct and publish a local housing needs assessment by December 31, 2026, the regional housing needs assessment must be completed by December 31, 2026; or
(b) The local government has a population of less than one thousand, or has experienced a negative population change of at least one percent in the most recent decennial census, unless the local government receives funding to conduct a local housing needs assessment from the department pursuant to section 24-32-3710.
(5) (a) Population and other data by which a local government is determined to be subject to the provisions of this section must be determined two years prior to the date that the local government is required to complete a housing needs assessment pursuant to this section.
(b) For the purposes of both this section and section 24-32-3705, a county's population includes only the population within a county's unincorporated territory.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1951, § 1, effective May 30.
24-32-3704. Regional housing needs assessments. (1) A regional entity may conduct and publish a regional housing needs assessment that conforms to the methodology for conducting regional housing needs assessments developed by the director pursuant to section 24-32-3702 (1)(c) for the territory covered by the master plan of any local government in the region.
(2) Upon conducting a regional housing needs assessment pursuant to subsection (1) of this section, a regional entity shall provide the regional housing needs assessment to each local government included in the region. Within sixty days of receiving the regional housing needs assessment, a local government's governing body shall review the assessment at a public meeting and shall submit comments to the regional entity.
(3) Within sixty days of receiving the local governments' comments on the regional housing needs assessment pursuant to subsection (2) of this section, a regional entity shall submit the housing needs assessment along with the comments of each local government to the department. The department shall not accept a housing needs assessment from a regional entity that does not include the elements listed in section 24-32-3702 (1)(c)(I) through (VI) and demonstrate consideration of the baseline components listed in section 24-32-3702 (2). The department shall notify a regional entity if it does not accept an assessment. The department shall post the housing needs assessment on its website after accepting the assessment.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1952, § 1, effective May 30.
24-32-3705. Housing action plan. (1) (a) By January 1, 2028, and no less than every six years thereafter, a local government shall make a housing action plan, which plan is subject to approval by the governing body following a public hearing. A housing action plan must be responsive to an accepted housing needs assessment and demonstrate the local government's commitment to address demonstrated housing needs and guides the local government in developing legislative actions, promoting regional coordination, and informing the public of the local government's efforts to address housing needs in the local government's jurisdiction.
(b) The requirements of this section only apply to a local government that has a population of:
(I) Five thousand or more; or
(II) One thousand or more and either participated in a regional housing needs assessment or would have been deemed, as of January 1, 2024, to be a rural resort community as defined in section 29-32-101 (10).
(c) The requirements of this section do not apply to a local government that has experienced a negative population change of at least one percent in the most recent decennial census.
(2) A local government shall make a housing action plan through an inclusive process with public outreach and engagement throughout the process, including outreach to and engagement of communities at risk of displacement and consideration for participation by persons unable to attend meetings in person or at the local government's regular meeting times. A housing action plan must consider any applicable housing needs assessments, applicable regional and local plans, and any available assessments of the adequacy of public services and public facilities in the local government's jurisdiction. A proposed housing action plan must be posted publicly on a local government's website at least thirty days before the public hearing on the plan.
(3) A housing action plan must include the following baseline components:
(a) A summary report of the local government's progress towards addressing the findings of the applicable housing needs assessment within the local government's jurisdiction. The summary report must include the number of dwelling units constructed or permitted in the local government's jurisdiction during the preceding six years, if such information is available.
(b) A description of how the local government's housing action plan addresses the allocation of regional housing needs to the local government in any applicable regional housing needs assessment;
(c) An assessment of the effect of existing zoning and density permitted in the local government's jurisdiction on the development of the number and types of dwelling units identified in the applicable housing needs assessment;
(d) A plan to promote the equitable and efficient development of the number and types of dwelling units identified through any applicable housing needs assessment as necessary to satisfy housing needs in the local government's jurisdiction at different income levels, including extremely low-, very low-, moderate-, and middle-income households as designated by the United States department of housing and urban development, subject to the availability of adequate public facilities, public services, and water supply;
(e) Locally-appropriate goals, strategies, and actions for promoting the production and preservation of affordable housing development and regulated affordable housing, including at least two strategies included in the standard affordability strategies directory described in section 24-32-3706 (1) and one strategy included in the long-term affordability strategies directory described in section 24-32-3706 (2) that are selected to address the demonstrated housing needs in the local government's jurisdiction and are suitable for the jurisdiction or, if the local government participated in a regional housing needs assessment, the demonstrated housing needs of the applicable region and any regional housing needs allocated to the local government;
(f) A narrative analysis of any area or community that the local government has identified as being at elevated risk of displacement and a plan to mitigate displacement in that area or community, including the identification of at least one displacement mitigation strategy included in the displacement risk mitigation strategies directory described in section 24-32-3706 (4) that the local government selects to address the findings of the local government's narrative analysis and is suitable for the jurisdiction;
(g) A plan for the legislative consideration for adoption of the strategies identified in subsections (3)(e) and (3)(f) of this section;
(h) Any recommended changes to local laws affecting zoning and density in the local government's jurisdiction before the local government conducts the next housing action plan;
(i) An analysis of opportunities to achieve the development of higher-density and regulated affordable housing within a reasonable distance of major transit stops in the jurisdiction;
(j) A narrative description of the public outreach and engagement process for the housing action plan; and
(k) A description of opportunities for intergovernmental coordination to address local and regional housing needs and any such intergovernmental coordination efforts undertaken by the local government.
(4) Within sixty days of approval by the governing body, the local government shall submit the housing action plan developed pursuant to subsection (3) of this section to the department and, if applicable, to the regional entity that conducted a regional housing needs assessment that applies to the local government. The department shall not accept a housing action plan that does not include the components required by subsection (3) of this section. The department shall notify a local government if it does not accept a housing action plan. The department shall post the housing action plan on the department's website after accepting the plan.
(5) A local government that adopted a plan that substantially meets the requirements of subsection (3) of this section and was the subject of a public hearing held no earlier than January 1, 2024, and no later than July 1, 2024, is not required to conduct a housing action plan until five years after the date of the adoption of the plan that substantially meets the requirements of subsection (3) of this section, notwithstanding subsection (1) of this section.
(6) Three years after adopting a housing action plan, a local government shall report progress to the department regarding the adoption of any strategies or changes to local laws identified in the housing action plan or the most recent updated housing action plan. The department shall not accept such a progress report, if the report does not demonstrate that the local government adopted the strategies and changes to local laws identified in the housing action plan or the most recent updated housing action plan, unless the department determines that the local government has both made a good faith effort to adopt theses strategies or changes to local law and has provided the department with a plan for the adoption of alternative strategies or changes to local laws in accordance with this section.
(7) A local government may update a housing action plan at any time by following the process in subsection (2) of this section. A local government shall submit any update to a housing action plan to the department and, if applicable, a regional entity as provided in subsection (4) of this section. The department shall not accept any update that would result in a housing action plan that does not include the components required by subsection (3) of this section. The department shall notify the local government if it does not accept an update. The department shall post the update on its website, after accepting the update.
(8) Population by which a local government is determined to be subject to the provisions of this section must be determined two years prior to the date that the local government is required to complete a housing action plan pursuant to this section.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1953, § 1, effective May 30.
24-32-3706. Directories of housing and land use strategies - development of housing and increasing housing affordability - displacement impact mitigation. (1) No later than June 30, 2025, the department shall develop a standard affordability strategies directory that includes the following strategies:
(a) Implementing a local inclusionary zoning ordinance that considers local housing market conditions that is crafted to substantially increase affordable housing including regulated affordable housing production and complies with the requirements of section 29-20-104 (1)(e.5) and (1)(e.7);
(b) Adopting a local law or plan to leverage publicly owned, sold, or managed land for regulated affordable housing development;
(c) Creating or expanding a program to subsidize or otherwise reduce impact fees or other similar development charges for regulated affordable housing development;
(d) Establishing a density bonus program that grants increased floor area ratio, density, or height of regulated affordable housing units;
(e) Creating a program to prioritize and expedite development approvals for regulated affordable housing development, except that if the local government has done so pursuant to section 29-32-105 (2), this strategy does not count as an eligible standard affordability strategy for purposes of section 29-32-3705 (3)(e);
(f) Creating or expanding a program to subsidize or otherwise reduce permit fees other than impact fees or similar development charges for regulated affordable housing;
(g) Enacting local laws that incentivize the construction and preservation of affordable housing units designed to serve residents facing particular challenges securing affordable housing, including accessible and visitable units and multi-bedroom units; and
(h) Any other strategy designated by the department that offers a comparable impact on local housing affordability.
(2) On or before June 30, 2025, the department shall develop a long-term affordability strategies directory that includes the following strategies:
(a) Establishing a dedicated local revenue source for regulated affordable housing development, such as instituting a linkage fee on market rate housing development to support new, regulated affordable housing developments;
(b) Regulating short-term rentals, second homes, or other underutilized or vacant units in a way, such as vacancy fees for underutilized units, that promotes a substantial increase in the use of local housing stock for local housing needs;
(c) Making a commitment to and remaining eligible to receive funding pursuant to article 32 of title 29;
(d) Amending zoning ordinances that allow the construction of single-unit detached dwellings to allow either accessory dwelling units or duplexes, triplexes, quadplexes, and townhomes in a substantial portion of the jurisdiction;
(e) Amending local laws to establish the use of administrative processes for the review and approval of housing development that do not include a requirement of a public hearing;
(f) Incentivizing or creating a dedicated local program that facilitates investment in land banking or community land trusts;
(g) Establishing an affordable homeownership strategy such as:
(I) Establishing a right of first refusal program or programs that transition existing housing stock to regulated affordable housing;
(II) Incentivizing affordable condominium developments;
(III) Acquiring or preserving deed restrictions on current housing units;
(IV) Establishing an incentive program to encourage realtors to work with low-income and minority prospective home buyers; or
(V) Establishing an affordable rent-to-own program; and
(h) Any other strategy designated by the department that offers a comparable impact on local housing affordability.
(3) A local government may submit an existing or proposed local law or program, in a form and manner determined by the department, to the department, and the department may determine that the adoption of that local law or program qualifies as an affordability strategy for purposes of this section, so long as the local law or program supports equal or greater housing affordability and accessibility as the strategies described in subsections (1) and (2) of this section.
(4) No later than June 30, 2025, the department shall develop a displacement risk mitigation strategies directory. The directory must include the following strategies:
(a) Creating a locally funded and administered rental and mortgage assistance program;
(b) Creating an eviction and foreclosure no-cost legal representation program;
(c) Establishing a housing counseling and navigation program or funding a community-based housing counseling and navigation program;
(d) Creating a property tax and down payment assistance program;
(e) Developing a program to offer technical assistance and financial support for community organizations to develop independent community land trusts;
(f) Prioritizing local money toward regulated affordable housing unit preservation or implementing or continuing deed restrictions for affordable housing units;
(g) Requiring multifamily developers building in areas identified as being at risk of displacement to create a community benefits agreement with affected populations within one-quarter mile of the development that the multifamily developer is building;
(h) Providing a prioritization policy for current residents in thirty percent of any new multifamily development; and
(i) Other strategies identified by the department that provide displacement mitigation that is equivalent to the other strategies described in this subsection (4).
(5) A local government may submit an existing or proposed local law or program, in a form and manner determined by the department, to the department, and the department may determine that the adoption of the local law or program qualifies as a displacement risk mitigation strategy for purposes of this section, so long as the local law or program supports equal or greater mitigation of displacement risk as the strategies described in subsection (4) of this section.
(6) Notwithstanding the absence of specific authorization in any other law, a local government has the authority to enact ordinances or resolutions to adopt and implement the strategies identified in this section.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1956, § 1, effective May 30.
24-32-3707. Statewide strategic growth report. (1) No later than October 31, 2025, the director shall submit to the general assembly a Statewide strategic growth report. The report must supplement the statewide climate preparedness strategic plan and roadmap published pursuant to section 24-38.8-103 and any other current report of a state agency or task force addressing the matters covered in this section.
(2) The strategic growth report described in subsection (1) of this section must:
(a) Include an analysis of policy-driven land use scenarios, including a strategic growth scenario, and examine the impacts of these scenarios on the cost and availability of housing, infrastructure, climate and air quality, water supply, transportation and transit, parks and open space, resource lands, wildfire risk, and critical areas;
(b) Include an analysis of the impact of existing state policies and programs on land use development patterns and the encouragement of sprawl;
(c) Consider the context of different regions and communities across the state, empower and promote local initiatives and ideas that lead to strategic growth, and recognize that all communities have unique needs that often call for additional flexibility when applying strategic growth goals, especially communities outside of metropolitan areas and communities vulnerable to displacement; and
(d) Include recommendations for state legislation and local laws, to encourage environmentally and fiscally sustainable growth, including but not limited to economic incentives, financing tools, access charges, urban growth areas, three mile plans, transfer of development rights, annexation, and special districts.
(3) In developing the strategic growth report described in subsection (1) of this section, the director shall consult with state agencies and local governments with functions or jurisdiction regarding the matters covered in this section and local governments, regional planning agencies, water providers, utility providers, economic development entities, and experts in fields related to strategic growth.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1958, § 1, effective May 30.
24-32-3708. Natural land and agricultural interjurisdictional opportunities report. (1) No later than December 31, 2025, the director, in consultation with relevant state agencies including the department of agriculture, the division of parks and wildlife in the department of natural resources, the outdoor recreation industry office in the office of economic development, and the Colorado tourism office, shall develop and publish a natural land and agricultural interjurisdictional opportunities report that must include:
(a) Opportunities for local governments and metropolitan planning organizations to achieve connectivity to open space, wildlife habitat, and other priority landscapes;
(b) Opportunities for local governments and metropolitan planning organizations to achieve the preservation of agricultural land, historic and cultural resources, urban parks and green spaces, exurban open spaces, recreational resources, wildlife habitats, and ecosystems with the greatest need for conservation and mitigation of hazards; and
(c) Best practices, tools, and resources related to subsections (1)(a) and (1)(b) of this section.
(2) The natural land and agricultural interjurisdictional opportunities report must integrate and include information from relevant state, regional, and local plans that address the subject matters identified in subsection (1) of this section.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1959, § 1, effective May 30.
24-32-3709. Technical assistance. (1) The division of local government shall provide technical assistance, materials, briefings, consulting services, templates, tools, trainings, webinars, or other guidance to assist local governments in:
(a) Establishing regional entities that promote statewide coverage of local governments by housing needs assessments without unnecessary duplication for the purpose of conducting regional housing needs assessments and displacement risk assessments;
(b) Creating housing needs assessments pursuant to sections 24-32-3703 and 24-32-3704;
(c) Conducting a displacement risk analysis with a state-created tool;
(d) Identifying and implementing strategies, including in the directories described in section 24-32-3706;
(e) Making and adopting a housing action plan in accordance with section 24-32-3705;
(f) Enacting laws and policies pursuant to accepted housing needs assessments and accepted housing action plans that encourage the development of a range of housing types, including regulated affordable housing, or mitigate the impact of displacement in accordance with section 24-32-3706; and
(g) Creating strategic growth elements in master plans as described in section 30-28-106 (3)(a.5)(III) or section 31-23-206 (1.5)(d).
(2) In determining to whom it will provide assistance pursuant to subsection (1) of this section, the division of local government shall prioritize requests for technical assistance related to:
(a) Conducting regional housing needs assessments, if the department determines that the regional entity meets the requirements of this section and the assessment would promote statewide coverage of local governments by housing needs assessments without unnecessary duplication;
(b) Conducting housing needs assessments and creating housing action plans contemporaneously; and
(c) Enacting laws and policies to preserve or create regulated affordable housing, mitigate displacement, or increase opportunities for multifamily residential housing near major transit stops.
(3) (a) In assisting local governments pursuant to subsection (1) of this section, the division of local government shall provide funding through either a grant program, the provision of consultant services, or both directly to local governments or through a regional entity and shall prioritize funding and grant programs administered by the department for the purposes of this section, so long as doing so is not inconsistent with federal or state law.
(b) Any consultant retained by the department to provide technical assistance pursuant to this section relating to housing needs assessments and housing action plans shall have demonstrated experience conducting high-quality housing needs assessments and strategic housing plans and engaging underrepresented communities, residents, and workers with disproportionate housing needs and challenges.
(c) The department shall require, as a condition of any funding awarded to a local government to conduct housing needs assessments or create housing action plans pursuant to this section, that:
(I) Unless no such person is available, any person providing services to the local government that will be funded by the award meets the requirements of subsection (3)(b) of this section; and
(II) The local government use a portion of the funds awarded by the department to conduct housing needs assessments or creating housing action plans pursuant to this section to engage underrepresented and underrecognized communities.
(4) Beginning January 1, 2025, and every year thereafter, the division of local government shall provide a report on the assistance requested by local governments pursuant to this section, whether or not adequate state funding is available to provide the assistance requested by local governments, and any additional resources that the division of local government or local governments have identified that would assist local governments in identifying and implementing laws and policies that would increase the availability of housing in Colorado.
(5) (a) The division of local government shall serve as a clearing house, for the benefit of local governments and regional entities, of information relating to this part 37 and shall refer local governments to state and federal resources and appropriate departments or agencies of the state or federal government for advice, assistance, or available services relating to this part 37.
(b) The division of local government shall identify opportunities for, encourage, and, when so requested, assist cooperative efforts among local governments in solving common problems related to population change and the implementation of this part 37.
(c) The department may attempt to mediate disputes between local governments regarding the enactment of local laws or policies related to the creation of housing needs assessments and housing action plans pursuant to this part 37, interjurisdictional coordination or disputes regarding the development of land for residential uses, including regulated affordable housing uses and the provision of water and sewer services, and anything else covered by this part 37 or refer local governments to the list of mediators maintained pursuant to section 24-32-3209 to assist in the resolution of such disputes.
(6) (a) The housing needs planning technical assistance fund is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the housing needs planning technical assistance fund to the fund.
(b) Money in the housing needs planning technical assistance fund is continuously appropriated to the department for the purposes of providing technical assistance and implementing a grant program pursuant to this section.
(c) Repealed.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1960, § 1, effective May 30.
Editor's note: Subsection (6)(c)(II) provided for the repeal of subsection (6)(c), effective July 1, 2025. (See L. 2024, p. 1960.)
24-32-3709.5. Regional planning roundtable commission - establishment - facilitating - notice to revisor - definition. (1) [Editor's note: Subsection (1) is effective (see editor's note following this section)] The regional planning roundtable commission is created in the department of local affairs.
(2) [Editor's note: Subsection (2) is effective (see editor's note following this section)] The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of local affairs.
(3) [Editor's note: Subsection (3) is effective (see editor's note following this section)]
(a) The commission consists of twenty-one members appointed as follows:
(I) One member representing the Colorado Municipal League, or any successor organization, appointed by the Colorado municipal league or the successor organization;
(II) One member representing Colorado Counties, Inc., or any successor organization, appointed by Colorado counties, inc., or the successor organization;
(III) One member representing the department of agriculture, appointed by the commissioner of agriculture;
(IV) One member representing Counties and Commissioners Acting Together, or any successor organization, appointed by the executive director of Counties and Commissioners Acting Together or the executive director's designee;
(V) Three members representing community planning professionals, appointed by the executive director of the department of local affairs;
(VI) One member who is a Colorado resident representing an Indigenous community, as defined in section 24-33.5-2601 (2), and who is a member of a federally recognized tribe with historic ties to Colorado;
(VII) One member representing the department of natural resources, appointed by the executive director of the department of natural resources;
(VIII) One member representing the Colorado energy office, appointed by the director of the Colorado energy office;
(IX) One member representing the Colorado department of transportation, appointed by the executive director of the Colorado department of transportation;
(X) One member representing the department of local affairs, appointed by the executive director of the department of local affairs;
(XI) One member representing the Special District Association of Colorado, or any successor organization, appointed by the Special District Association of Colorado or the successor organization;
(XII) One member with expertise in affordable housing, appointed by the executive director of the department of local affairs;
(XIII) One member representing a regional council of governments, appointed by the regional council of governments selected for this purpose by the governor;
(XIV) One member with expertise in climate and environmental issues, appointed by the executive director of the department of public health and environment;
(XV) One member with expertise in tourism, appointed by the Colorado tourism office; and
(XVI) Four members, each representing a distinct region of the state, each appointed by the executive director of the department of local affairs.
(b) Appointments to the commission shall be made with a consideration of the ethnicity, gender, and geographic representation of the members of the commission.
(c) The initial appointments to the commission shall be made no later than September 30, 2025.
(d) Each member of the commission who is appointed pursuant to subsection (3)(a) of this section serves at the pleasure of the relevant appointing authority. The term of appointment is three years; except that the term of the members initially appointed pursuant to subsections (3)(a)(XIII) and (3)(a)(XVI) of this section is two years.
(4) [Editor's note: Subsection (4) is effective (see editor's note following this section)] Members of the commission serve without compensation and without reimbursement for expenses.
(5) [Editor's note: Subsection (5) is effective (see editor's note following this section)]
(a) The member of the commission appointed by the executive director of the department of local affairs pursuant to subsection (3)(a)(X) shall convene the first meeting of the commission as necessary to elect a chair and establish the commission procedures and operation framework.
(b) After meeting pursuant to subsection (5)(a) of this section, the commission shall only meet when a local government requests assistance in addressing a regional opportunity or challenge. When meeting to provide this assistance, the commission shall:
(I) Define a region for purposes of establishing a regional roundtable to assist in addressing the regional opportunity or challenge;
(II) Considering local expertise, suggest who should serve on the regional roundtable established in connection with addressing the regional opportunity or challenge; and
(III) Identify state resources available to assist in addressing the regional opportunity or challenge.
(6) [Editor's note: Subsection (6) is effective (see editor's note following this section)] The commission may:
(a) Consider assisting in the establishment of an integrated framework for planning, which framework shall consider the following topics, at a minimum:
(I) Natural environment systems;
(II) Development patterns;
(III) Housing and housing needs;
(IV) Transportation;
(V) Sustainable infrastructure;
(VI) Economic opportunity and employment; and
(VII) Healthy communities; and
(b) Hear presentations from and have discussions with relevant persons.
(7) [Editor's note: Subsection (7) is effective (see editor's note following this section)] On or before December 31 of the year after which the commission first meets, and on or before December 31 each year thereafter, the commission shall report to the transportation, housing, and local government committee of the house of representatives and the local government and housing committee of the senate, or any successor committees. The report must include a description of any assistance that the commission has provided to local governments.
(8) [Editor's note: Subsection (8) is effective (see editor's note following this section)] As used in this section, unless the context otherwise requires, commission means the regional planning roundtable commission.
(9) (a) The department may seek, accept, and expend gifts, grants, or donations from private or public sources to implement this section. The department shall not implement this section until it receives an amount of gifts, grants, and donations that it deems necessary to implement this section.
(b) Notwithstanding section 24-75-1305, for state fiscal year 2026-27 and any subsequent fiscal year, the general assembly may appropriate money from the general fund for the implementation of this section.
(10) Subsections (1) to (8) of this section will take effect if the department receives an amount of gifts, grants, and donations that it deems necessary to implement this section. The director shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection (10) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. Subsections (1) to (8) of this section take effect upon the date identified in the notice that the department has received an amount of gifts, grants, and donations that it deems necessary to implement this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Source: L. 2025: Entire section added, (HB 25-1198), ch. 396, p. 2231, § 2, effective August 6 (see editor's note).
Editor's note: Subsection (10) provides that subsections (1) to (8) will take effect if the department receives an amount of gifts, grants, and donations that it deems necessary to implement this section and the director notifies the revisor of statutes. Subsections (1) to (8) take effect upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. As of publication date, the revisor of statutes has not received the notice referred to in this section.
Cross references: For the legislative declaration in HB 25-1198, see section 1 of chapter 396, Session Laws of Colorado 2025.
24-32-3710. Prioritization for conformity with planning expectations. (1) On or after December 1, 2027, any grant program administered by the department, the Colorado energy office, the office of economic development, the department of transportation, the department of natural resources, the department of public health and environment, or the department of personnel and administration that awards grants to counties and municipalities for the primary purpose of supporting land use planning or housing, excluding land use planning or housing pursuant to article 32 of title 29, must, so long as doing so is not inconsistent with federal law or the state constitution, include prioritization criteria that consider whether:
(a) A current local or regional housing needs assessment has been completed for the local government and has been accepted by the department pursuant to section 24-32-3703 or 24-32-3704;
(b) A housing action plan has been adopted by the local government and accepted by the department pursuant to section 24-32-3705;
(c) A report has been submitted by the local government and accepted by the department pursuant to section 24-32-3705 (6); and
(d) The master plan for the local government includes a water supply element and strategic growth element as described in sections 30-28-106 (3)(a.5) and 31-23-206 (1.5).
(2) In considering awarding a grant to a local government that is not subject to any of the provisions identified in the prioritization criteria described in subsection (1) of this section, the department shall treat the local government as if it has satisfied the prioritization criteria in subsection (1) of this section.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1962, § 1, effective May 30.
Editor's note: Subsection (6)(c)(II) provided for the repeal of subsection (6)(c), effective July 1, 2025. (See L. 2024, p. 1960.)
24-32-3711. Neighborhood centers - grant program prioritization. (1) On or before June 30, 2025, the department shall adopt reasonable criteria for the designation of neighborhood centers in accordance with section 24-32-3701 (10), including criteria for varying regional contexts. The department shall design the criteria adopted pursuant to this subsection (1) to minimize the fiscal burden on local governments. The criteria adopted by the department pursuant to this subsection (1) must not:
(a) Limit or restrict the authority of a local government, including authority relating to zoning, regulation of the use of land, and the imposition of fees, charges, and taxes, notwithstanding the exercise of that authority to establish a neighborhood center; or
(b) Require the modification of a charter adopted pursuant to article XX of the state constitution.
(2) A local government may designate a neighborhood center pursuant to this section and submit a report to the department in a form and manner determined by the department. The department shall not accept a report designating a neighborhood center that does not comply with the criteria adopted by the department. The department shall notify a local government if it does not accept the local government's report.
(3) As of December 31, 2026, excluding grant programs governed by article 32 of title 29, the departments, offices, and agencies identified in section 24-32-3710 shall update grant award criteria to include consideration and prioritization of, to the extent consistent with the purpose of the grant program and any applicable provision of federal law or the state constitution, projects that meet one of the following criteria:
(a) The project is in or supports a neighborhood center designated in a report accepted by the department pursuant to subsection (2) of this section; or
(b) The project concerns an area that would not meet the criteria for designation as a neighborhood center.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1963, § 1, effective May 30.
PART 38
PROGRAMS FOR THE DEVELOPMENT OF
CHILD CARE FACILITIES
Editor's note: This part was numbered as part 37 in HB 24-1237 but was renumbered on revision for ease of location.
Cross references: For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.
24-32-3801. Definitions. As used in this part 38, unless the context otherwise requires:
(1) Child care center has the same meaning set forth in section 26.5-5-303 (3).
(2) Child care facility means:
(a) A commercial or residential property that is either a new or existing child care center or a new or existing family child care home and that is licensed or is seeking a license; or
(b) A neighborhood youth organization as defined in section 26.5-5-303 (17).
(3) Division means the division of housing created in section 24-32-704 (1) within the department of local affairs.
(4) Family child care home has the same meaning set forth in section 26.5-5-303 (7).
(5) Fund means the child care facility development cash fund created in section 24-32-3805 (1)(a).
(6) Institution of higher education means a private institution of higher education, as defined in section 23-18-102 (9), or a state institution of higher education, as defined in section 23-18-102 (10), that offers child care or the Auraria higher education center.
(7) Licensed has the same meaning as license set forth in section 26.5-5-303 (13).
(8) Local government means a county, a municipality, a city and county, a tribal government, or an early childhood development service district created pursuant to article 21 of title 32.
(9) Public school means a school, including a district charter school, of a school district; a school operated by a board of cooperative services; or an institute charter school.
Source: L. 2024: Entire part added, (HB 24-1237), ch. 279, p. 1848, § 3, effective August 7.
24-32-3802. Child care facility development toolkit and technical assistance program - creation - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Eligible recipient means a child care provider, developer, employer, local government, public school, or institution of higher education.
(b) Program means the child care facility development toolkit and technical assistance program created in subsection (2) of this section.
(c) Program recipient means an eligible recipient of an approved application to receive assistance under the program.
(2) There is created in the division the child care facility development toolkit and technical assistance program for the purposes of creating a toolkit for the development of child care facilities and providing technical assistance from consultants and related professionals to enable eligible recipients to understand the technical aspects of planning, developing, building, and co-locating child care facilities.
(3) (a) On or before November 1, 2024, the division shall adopt policies and procedures for the program that, at a minimum, include:
(I) Criteria establishing qualifications for an eligible recipient;
(II) Procedures and timelines for an eligible recipient to apply for assistance under the program;
(III) Criteria for determining the amount or nature of the assistance that a program recipient receives;
(IV) Performance criteria for program recipients' projects; and
(V) Reporting requirements for program recipients.
(b) In evaluating applications for assistance under the program, the division shall prioritize projects that will, in the discretion of the division, meet a demonstrable need for child care in the areas of greatest need across the state and will satisfy one or more of the purposes of the program set forth in subsection (2) of this section.
(c) The division shall consult with the department of early childhood, created in section 26.5-1-104 (1), in developing the policies and procedures required to be adopted pursuant to subsection (3)(a) of this section.
(4) On or before January 1, 2026, January 1, 2027, and January 1, 2028, the division shall publish a report summarizing the assistance that was approved under the program in the preceding fiscal year and the uses of assistance by program recipients. The report may contain recommendations by the division concerning the future administration of the program. The report must be shared with the house of representatives education committee, the house of representatives transportation, housing, and local government committee, the senate education committee, and the senate local government and housing committee, or their successor committees, and with the department of early childhood, and must be posted on the division's website.
(5) This section is repealed, effective July 1, 2028.
Source: L. 2024: Entire part added, (HB 24-1237), ch. 279, p. 1849, § 3, effective August 7.
24-32-3803. Child care facility development planning grant program - created - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Child care development means:
(I) The development or creation of a new child care facility; or
(II) Remodeling or retrofitting an existing building or space to be a child care facility.
(b) Eligible recipient means a local government that is eligible to receive a grant through the program.
(c) Program means the child care facility development planning grant program that is created in subsection (2)(a) of this section.
(2) (a) There is created in the division the child care facility development planning grant program to incentivize and support local governments in identifying and making regulatory updates or improvements to community planning, development, building, zoning, and other regulatory processes to support the development of child care facilities. Eligible recipients that intend to implement one or more of the recommended policy or regulatory tools set forth in subsection (3)(c) of this section or identify other local policies or programs to implement to streamline the eligible recipient's regulatory environment for development of child care facilities as set forth in subsection (3)(b) of this section and that can benefit from additional funding for implementation may receive grants pursuant to the program. Grant money may be used by an eligible recipient to retain consultants or related professional services to assess the child care needs of its community, including considerations of equity, or to make changes to its policies, programs, development review processes, land use codes, and related rules and regulations to promote development of child care facilities.
(b) In administering the program, the division shall provide assistance to eligible recipients on best practices and tools for incentivizing the development of child care facilities.
(c) The division shall consult with the department of early childhood, created in section 26.5-1-104 (1), in developing the menu of recommended policy or regulatory tools pursuant to subsection (3) of this section and the policies and procedures required to be adopted pursuant to subsection (4)(a) of this section.
(3) (a) In connection with the policies, procedures, and guidelines that the division is required to adopt for the program pursuant to subsection (4)(a) of this section, the division shall develop a menu of recommended policy or regulatory tools that eligible recipients can adopt to promote development of child care facilities within their territorial boundaries or across their region.
(b) The menu of recommended policy or regulatory tools that the division is required to develop pursuant to subsection (3)(a) of this section must include known or promising best practices. Implementation of any recommended policy or regulatory tools is at the discretion of the eligible recipient based on compatibility with community needs and desires. Eligible recipients may select from the menu of recommended policy or regulatory tools or identify other local policies or programs to streamline the eligible recipient's regulatory environment for development of child care facilities.
(c) (I) The menu of recommended policy or regulatory tools developed by the division pursuant to this subsection (3) must set forth strategies to promote development of child care facilities including:
(A) The use of vacant publicly owned real property for child care facility development;
(B) Examining or revising local land use policies and regulations to incentivize the development or creation of child care facilities;
(C) Creating a local public funding source dedicated to child care facilities;
(D) Aligning local rules and regulations, such as building codes or zoning codes, with state licensing requirements; and
(E) Any other strategies determined by the division that meet the intent of the program for aligning and streamlining the regulatory environment for child care to incentivize the development of child care facilities.
(II) In addition to the items that the menu of recommended policy or regulatory tools may include set forth in subsection (3)(c)(I) of this section, development of the menu by the division must also allow for the adoption by an eligible recipient of additional policy or regulatory tools that provide novel, creative, or innovative incentives for the development of child care facilities.
(4) (a) On or before November 1, 2024, the division shall adopt policies, procedures, and guidelines for the program, including:
(I) Procedures and timelines for local governments to apply for grants;
(II) Criteria for evaluating applications for approval and the amount of grants;
(III) Performance criteria for eligible recipients; and
(IV) Reporting requirements for eligible recipients.
(b) Evaluation criteria established pursuant to this subsection (4) must include favorable consideration for applications in which the local government demonstrates commitment to evaluating and implementing one or more of the recommended policy or regulatory tools set forth in subsection (3)(c)(I) of this section and, the more recommended policy or regulatory tools the applicant demonstrates a commitment to evaluating and implementing, the more weight the division shall give the application.
(c) The division has sole discretion in determining the amount of grants and any restrictions or conditions on the use of grants by eligible recipients in accordance with the provisions of this section.
(5) On or before January 1, 2026, January 1, 2027, and January 1, 2028, the division shall publish a report that summarizes the use of all grants from the program in the preceding fiscal year. The report must include the amount of grants distributed to eligible recipients and a description of each eligible recipient's use of the grant. The report may contain recommendations of the division for future administration of the program. The report must be shared with the house of representatives education committee, the house of representatives transportation, housing, and local government committee, the senate education committee, and the senate local government and housing committee, or their successor committees, and with the department of early childhood, and must be posted on the division's website.
(6) This section is repealed, effective July 1, 2028.
Source: L. 2024: Entire part added, (HB 24-1237), ch. 279, p. 1850, § 3, effective August 7.
24-32-3804. Child care facility development capital grant program - creation - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Eligible entity means a local government, a public school, an institution of higher education, or public-private partnership that is eligible to receive a grant through the program.
(b) Private partner has the same meaning as set forth in section 24-94-102 (6).
(c) Program means the child care facility development capital grant program created in subsection (2)(a) of this section.
(d) Public-private partnership means an agreement between a local government and one or more private partners in which a local government and a private partner have entered into an agreement to partner on a project. The partnership may be financial, operational, or otherwise defined in the agreement between the public and private partners.
(e) State housing board means the state housing board created in section 24-32-706 (1).
(2) (a) There is created in the division a child care facility development capital grant program to provide eligible entities money to support the development of licensed child care and to construct, remodel, renovate, or retrofit a child care facility to meet a demonstrable need for child care in the eligible entity's community.
(b) The division shall utilize the state housing board to review and make recommendations on grant applications.
(3) (a) (I) On or before November 1, 2024, the division shall adopt policies, procedures, and guidelines in accordance with the provisions of this section for the program including:
(A) Procedures and timelines for an eligible entity to apply for a grant;
(B) Criteria for evaluating applications for approval and the amount of grants;
(C) Performance criteria for grant recipients' projects; and
(D) Reporting requirements for grant recipients.
(II) Notwithstanding subsection (3)(a)(I) of this section, if, before July 1, 2025, there is not sufficient money in the fund to administer and implement the program, then the policies, procedures, and guidelines required by subsection (3)(a)(I) of this section, shall be adopted by the division on or before November 1, 2025.
(b) Grant applications must include at least:
(I) A business plan that includes:
(A) A description of the construction, renovation, remodeling, or retrofitting of a child care facility;
(B) A commitment to provide a financial match as set forth in subsection (4) of this section and a description of how each public and private partner will contribute to the required match;
(C) A description of how the eligible entity will address the particular child care needs of the community, such as nontraditional-hour care or infant and toddler care for households with low to moderate income;
(D) A description of how the eligible entity will support small child care business owners and operators, including women and populations with limited access to opportunity and resources;
(E) A description of how the eligible entity will financially sustain the child care facility apart from any anticipated grants from the program;
(F) The estimated total cost and budget for the construction, renovation, remodeling, or retrofitting of the child care facility;
(G) A description of how other funding sources are being utilized and leveraged to support the inclusion of child care;
(H) If the eligible entity leases or will lease the space to be renovated, remodeled, retrofitted, or constructed to provide child care, a copy of the current valid lease that contains specific authorizations from the landlord for the project or a written statement from the landlord expressly consenting to the project;
(I) How the project aligns with other community planning, development, or housing efforts underway in the community;
(J) Commitment from the eligible entity that it will accept the grant; and
(K) Any other component the division requires to adequately assess a grant application, including requiring a commitment by the eligible entity regarding the duration for which the eligible entity intends to occupy the physical location of the project; and
(II) An affidavit that the eligible entity has obtained a child care license or will obtain a child care license with information regarding the timing and status of obtaining the child care license.
(c) The division shall give more weight to applications that:
(I) Represent geographic diversity;
(II) Will serve a high percentage of families below the area's median income;
(III) Include a stated commitment to and a business plan for a well-compensated child care staff;
(IV) Co-locate with or repurpose facilities with other uses, such as affordable housing developments, mixed-use or mixed-commercial buildings, or churches;
(V) Include a plan to serve children in child care deserts or regions with low child care capacity; or
(VI) Plan to serve infants and toddlers.
(d) The division shall collaborate with the state housing board and consult with the department of early childhood, created in section 26.5-1-104 (1), in developing the policies and procedures required to be adopted pursuant to subsection (3)(a) of this section.
(4) To receive a grant, eligible entities shall provide a financial match which may be funded by the eligible entity or from contributions from other public or private entities as follows:
(a) A development project for a center-based facility shall provide a fifty percent match; and
(b) A development project for a home-based facility shall provide a twenty-five percent match.
(5) On or before January 1, 2026, January 1, 2027, January 1, 2028, and January 1, 2029, the division shall publish a report summarizing the use of grants in the preceding year. The report must specify the amount of grants distributed to recipients and provide a description of each recipient's use of the grant. The report may include recommendations for the future administration of the program. The report must be shared with the house of representatives education committee, the house of representatives transportation, housing, and local government committee, the senate education committee, and the senate local government and housing committee, or their successor committees, and with the department of early childhood, and must be posted on the division's website.
(6) This section is repealed, effective July 1, 2029.
Source: L. 2024: Entire part added, (HB 24-1237), ch. 279, p. 1853, § 3, effective August 7.
24-32-3805. Child care facility development cash fund - definitions - repeal. (1) (a) The child care facility development cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (3) of this section, gifts, grants, or donations received by the division pursuant to subsection (4) of this section, and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Subject to annual appropriation by the general assembly, the division may expend money from the fund for the purposes set forth in subsection (2) of this section.
(2) (a) (I) Subject to the provisions set forth in subsections (2)(a)(II), (2)(b), and (4) of this section, the division shall use money in the fund to make grants pursuant to the child care facility development planning grant program and the child care facility development capital grant program and to implement and administer the grant programs and the child care facility development toolkit and technical assistance program.
(II) Until June 30, 2025, the division shall prioritize money in the fund first to implement the child care facility development toolkit and technical assistance program.
(b) (I) The division may expend up to seventy thousand dollars of the money appropriated or transferred to the fund to pay for the direct and indirect costs in administering the programs. All administrative costs must be paid out of the money transferred to the fund pursuant to subsection (3) of this section; except that administrative costs for the child care facility development capital grant program may also be paid out of the money credited to the fund pursuant to subsection (4) of this section.
(II) The division shall expend money appropriated or transferred to the fund that it does not expend for direct and indirect costs in administering the programs based on need or demand for each program; except that:
(A) On or before June 30, 2025, the division shall use money in the fund pursuant to the transfer made pursuant to subsection (3) of this section to make grants under the child care facility development planning grant program and to implement and administer such program and the child care facility development toolkit and technical assistance program;
(B) On or after July 1, 2025, but before July 1, 2028, the division shall use money in the fund pursuant to the transfer made pursuant to subsection (3) of this section to make grants pursuant to the grant programs and to implement and administer the grant programs and the child care facility development toolkit and technical assistance program; and
(C) On or after July 1, 2028, but before July 1, 2029, the division shall use money in the fund pursuant to the transfer made pursuant to subsection (3) of this section to make grants pursuant to the child care facility development capital grant program.
(3) On August 15, 2024, the state treasurer shall transfer two hundred fifty thousand dollars from the general fund to the fund.
(4) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of implementing and administering the child care facility development capital grant program and to make grants under such program. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(5) The state treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2029, to the general fund.
(6) As used in this section, unless the context otherwise requires:
(a) Child care facility development capital grant program means the child care facility development capital grant program created in section 24-32-3804 (2)(a).
(b) Child care facility development planning grant program means the child care facility development planning grant program created in section 24-32-3803 (2)(a).
(c) Child care facility development toolkit and technical assistance program means the child care facility development toolkit and technical assistance program created in section 24-32-3802 (2).
(d) Grant programs means the child care facility development capital grant program and the child care facility development planning grant program.
(e) Programs means the child care facility development capital grant program, the child care facility development planning grant program, and the child care facility development toolkit and technical assistance program.
(7) This section is repealed, effective July 1, 2029.
Source: L. 2024: Entire part added, (HB 24-1237), ch. 279, p. 1856, § 3, effective August 7.
ARTICLE 33
Department of Natural Resources
PART 1
DEPARTMENT OF NATURAL RESOURCES
24-33-101. Department of natural resources. (1) There is hereby created the department of natural resources, the head of which is the executive director of the department of natural resources.
(2) Whenever any law of this state refers to the division of natural resources, said law shall be construed as referring to the department of natural resources, and whenever any law of this state refers to the natural resources coordinator, said law shall be construed as referring to the executive director of the department of natural resources.
Source: L. 57: p. 123, § 2. CRS 53: § 3-15-1. L. 63: p. 139, § 1. C.R.S. 1963: § 3-15-1. L. 68: p. 128, § 138.
24-33-102. Powers and duties of the executive director and deputy director. (1) The commissioner of mines, who shall be appointed and act pursuant to section 34-21-102, C.R.S., may be the executive director of the department.
(2) The executive director shall require of the head of each subordinate agency assigned to the department of natural resources an annual report containing such information and submitted at such time as the executive director decides.
(3) The executive director shall exercise control over publications of the department and any division thereof. He shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136.
(4) The executive director may request from the board of governors of the Colorado state university system such information and statistics concerning forests and forestry in the state and other reports at such times and on such matters as the executive director may require.
(5) The executive director has the power and duty to develop, encourage, promote, and implement programs for the prevention, abatement, and control of litter within the state of Colorado. The executive director may enter into such contracts as may be appropriate for the implementation of any such program.
(5.5) The executive director shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
(6) The executive director may appoint the deputy director of the department of natural resources, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the executive director, the deputy director shall have all of the powers, duties, and responsibilities of the executive director as provided by law and shall exercise such powers, duties, and responsibilities in the absence of the executive director and when so instructed by the executive director.
(7) No later than ninety days following confirmation by the senate of the public members of the state board of the great outdoors Colorado trust fund, the executive director shall secure a memorandum of understanding among the joint budget committee of the general assembly, the department of natural resources, and the state board of the great outdoors Colorado trust fund establishing policies and procedures which will facilitate cooperation and coordination of efforts concerning investment in and development, operation, and management of the state's parks and wildlife systems.
Source: L. 57: p. 123, § 2. CRS 53: § 3-15-2. L. 59: p. 601, § 2. L. 63: p. 139, § 1. C.R.S. 1963: § 3-15-2. L. 64: p. 121, § 18. L. 68: p. 128, § 139. L. 69: p. 80, § 1. L. 77: (6) added, p. 1197, § 1, effective March 7. L. 83: (2) and (3) amended, p. 836, § 46, effective July 1. L. 88: (1) amended, p. 1435, § 33, effective June 1. L. 93: (7) added, p. 2025, § 2, effective June 9. L. 94: (5.5) added, p. 565, § 12, effective April 6. L. 96: (2) amended, p. 1217, § 7, effective August 7. L. 2002: (4) amended, p. 1246, § 18, effective August 7.
Cross references: For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-33-103. Legislative declaration. The state policy shall be to encourage, by every appropriate means, the full development of the state's natural resources to the benefit of all of the citizens of Colorado and shall include, but not be limited to, creation of a resource management plan to integrate the state's efforts to implement and encourage full utilization of each of the natural resources consistent with realistic conservation principles. The governor, through the executive director of the department of natural resources, shall develop and direct the resource management plan and shall be responsible for negotiations with the federal government in all resource and conservation matters.
Source: L. 57: p. 124, § 2. CRS 53: § 3-15-3. L. 63: p. 138, § 1. C.R.S. 1963: § 3-15-3. L. 68: p. 128, § 140.
24-33-104. Composition of the department. (1) The department of natural resources consists of the following commissions, divisions, boards, offices, and councils:
(a) The Colorado water conservation board;
(b) (Deleted by amendment, L. 2000, p. 556, § 4, effective July 1, 2000.)
(c) The state board of land commissioners, subject to the provisions of sections 9 and 10 of article IX of the state constitution;
(d) The division of reclamation, mining, and safety, the head of which shall be the director of the division of reclamation, mining, and safety. The director of the division shall also serve as the head of the office of active and inactive mines or the office of mined land reclamation. The director of the division shall have professional and supervisory experience in mining, reclamation, oil and gas, geology, or natural resource planning and management and shall have a college degree from an accredited college or university in mining engineering, petroleum engineering, geological engineering, geology, or related natural/physical sciences, or mineral economics. The division shall consist of the following sections:
(I) (Deleted by amendment, L. 92, p. 1919, § 3, effective July 1, 1992.)
(II) The office of active and inactive mines;
(III) and (IV) Repealed.
(V) The office of mined land reclamation.
(VI) (Deleted by amendment, L. 2005, p. 1463, § 2, effective July 1, 2005.)
(VII) Repealed.
(e) The division of water resources, the head of which is the state engineer. The division consists of the following sections:
(I) The office of the state engineer;
(II) The division engineers;
(III) The ground water commission;
(IV) The state board of examiners of water well and ground heat exchanger contractors.
(V) Repealed.
(f) The energy and carbon management commission created in section 34-60-104.3 (1);
(g) Repealed.
(h) The division of parks and wildlife and the parks and wildlife commission;
(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1383, § 4, effective July 1, 2011.)
(j) (Deleted by amendment, L. 92, p. 1919, § 3, effective July 1, 1992.)
(k) The division of forestry.
(2) Repealed.
Source: L. 57: p. 124, § 2. CRS 53: § 3-15-4. L. 63: p. 140, § 1. C.R.S. 1963: § 3-15-4. L. 67: pp. 697, 838, §§ 13, 2. L. 68: p. 128, § 141. L. 69: p. 867, § 3. L. 72: p. 321, § 1. L. 75: (1)(d)(III) repealed, p. 216, § 48, effective July 16. L. 77: (1)(d)(IV) repealed and IP(1)(d) and (1)(d)(II) amended, pp. 282, 1130, §§ 37, 38, 2, effective July 1. L. 81: (1)(d)(II) amended, p. 1665, § 18, effective June 30. L. 87: (1)(e)(IV) amended, p. 1581, § 36, effective July 10. L. 88: (1)(d)(I) amended, p. 1199, § 8, effective May 3; (1)(j) added and (2) repealed, p. 1215, §§ 15, 16, effective July 1. L. 91: (1)(e)(V) repealed, p. 885, § 7, effective June 5. L. 92: (1)(d), (1)(g), and (1)(j) amended, p. 1919, § 3, effective July 1. L. 2000: (1)(b) amended and (1)(k) added, p. 556, § 4, effective July 1. L. 2003: (1)(d)(VII) repealed, p. 1961, § 5, effective May 22. L. 2005: (1)(d)(VI) and (1)(g) amended, p. 1463, § 2, effective July 1. L. 2006: IP(1)(d) amended, p. 213, § 2, effective August 7. L. 2010: (1)(k) amended, (HB 10-1223), ch. 41, p. 165, § 3, effective August 11. L. 2011: IP(1), (1)(h), and (1)(i) amended, (SB 11-208), ch. 293, p. 1383, § 4, effective July 1. L. 2012: IP(1) and (1)(h) amended, (HB 12-1317), ch. 248, p. 1203, § 7, effective June 4; (1)(g) amended, (HB 12-1355), ch. 247, p. 1196, § 4, effective June 4. L. 2023: (1)(f) amended, (SB 23-285), ch. 235, p. 1253, § 23, effective July 1. L. 2025: IP(1)(e) and (1)(e)(IV) amended, (HB 25-1165), ch. 257, p. 1321, § 30, effective August 6.
Editor's note: (1) Subsections (1)(d)(III) and (1)(d)(IV) were repealed July 16, 1975, and June 29, 1977, respectively, prior to the entire subsection (1)(d) being amended July 1, 1992.
(2) Subsection (1)(g)(II) provided for the repeal of subsection (1)(g), effective January 31, 2013. (See L. 2012, p. 1196.)
Cross references: For the legislative declaration in the 2011 act amending the introductory portion to subsection (1) and subsections (1)(h) and (1)(i), see section 1 of chapter 293, Session Laws of Colorado 2011. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
24-33-105. Executive director given power to contract with Colorado school of mines. (1) The executive director is hereby given authority to:
(a) Enter into contracts with the Colorado school of mines to develop and conduct research concerning:
(I) New and more efficient methods of mining, preparing, and utilizing coal;
(II) Markets for coal of the western United States and especially that of Colorado;
(III) Development in the scientific, technical, and economic fields related to the coal industry;
(b) Accept grants from, contract with, and otherwise cooperate with the office of coal research of the United States department of the interior.
Source: L. 67: p. 818, § 1. C.R.S. 1963: § 3-15-5.
24-33-106. Appropriation. (Repealed)
Source: L. 67: p. 818, § 2. C.R.S. 1963: § 3-15-6. L. 77: Entire section repealed, p. 282, § 39, effective June 29.
24-33-107. Acquisition of state lands by department - interests in land. (1) Certain state lands under control and supervision of the state board of land commissioners have unique economic or environmental value for the public, but they are legally subject to being sold into private ownership. It is the purpose of this section to authorize interests in such lands other than agricultural or grazing rights therein to be transferred to and held by the department of natural resources in exchange for fair and adequate consideration being transferred to the appropriate trust fund.
(2) (a) Whenever the executive director of the department of natural resources is informed that a specific piece of land held by the state board of land commissioners has a characteristic that is alleged to have a unique economic or environmental value for the public, including land under the control of the division of parks and wildlife that has the potential to support renewable energy generation development as contemplated in section 24-33-114, as that section existed prior to its repeal in 2011, and that such characteristic allegedly would be damaged or destroyed if the land passed to private ownership, the executive director may, with the written consent of either the president of the state board of land commissioners or the commissioner of agriculture, give written notification to the board that said land, other than agricultural or grazing rights, is subject to acquisition by the department of natural resources. The notification by the executive director must identify the lands by their appropriate legal description and specify the characteristic of the land that is alleged to have unique economic or environmental value for the public. Not later than during the next regular session of the general assembly, the executive director shall request the necessary authorization and appropriation to enable the department to acquire said land or an interest therein in accordance with this section.
(b) Within sixty days after receipt of such notification, the state board of land commissioners shall meet in public session after fifteen days' public notice and hear and receive testimony and evidence concerning the proposed acquisition. Within thirty days after the completion of the hearing, said board shall submit its written findings and recommendations concerning such acquisition to the joint budget committee and to the executive directors of the departments of agriculture and natural resources. Such recommendations may include recommendations for compensation to ensure the continued use of grazing and agricultural rights as they existed at the time of the acquisition.
(c) Within thirty days following completion of such written findings and recommendations, the president of the state board of land commissioners, the executive director of the department of natural resources, and the commissioner of agriculture shall meet and review said findings and recommendations and may then modify or withdraw the notification given to said board of land commissioners pursuant to paragraph (a) of this subsection (2). To the extent of such withdrawal, all procedures initiated by such notification shall be deemed terminated.
(3) All acquisitions from the state board of land commissioners pursuant to this section shall be:
(a) By the exercise of eminent domain in the name of the state of Colorado through condemnation proceedings pursuant to article 1 of title 38, C.R.S.; or
(b) At any public sale.
(4) (a) In acquisitions under this section the department may not acquire any agricultural or grazing rights but otherwise may acquire the full fee interest or any and all rights and interests in land less than the full fee interest, including but not limited to future interests, easements, covenants, and contractual rights. Every such interest in land held by the department when properly recorded shall be deemed to run with the land to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the department in the district court of the county in which the land, or any portion thereof, is located.
(b) No acquisition of any interest in any tract of land, as authorized by this section, shall preclude the state board of land commissioners from leasing said tract of any portion thereof for grazing or agricultural purposes.
Source: L. 73: p. 177, § 1. C.R.S. 1963: § 3-15-7. L. 2010: (2)(a) amended, (HB 10-1349), ch. 387, p. 1816, § 2, effective June 8. L. 2020: (2)(a) amended, (SB 20-136), ch. 70, p. 294, § 40, effective September 14.
Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
24-33-108. Gifts, grants, and donations to the department - Colorado natural resources gifts, grants, and donations fund. (1) The department of natural resources is authorized to receive or reject gifts, grants, and donations of money or property and, subject to the terms of any gift, grant, or donation and to the provisions of any applicable law, to hold the money or property in trust or invest, sell, expend, or exchange the money or property and use either principal or interest or the proceeds of sale or the exchanged property received for the benefit of the department and the public.
(2) The department of natural resources may cooperate with and assist any donor or foundation or similar organization intending to make gifts, grants, or donations to or for use by the department. The acceptance of any gift, grant, or donation must not commit the state to any expenditure of state funds.
(3) Any money or property received under this section and any money received from the investment of the money or property must be credited to a special fund known as the Colorado natural resources gifts, grants, and donations fund. The fund and any gifts, grants, or donations received by the department of natural resources pursuant to this section must not diminish any appropriations made to the department. Money in the fund shall not be expended in such a manner as to commit expenditures from the general fund or any cash fund that is designated for regulatory purposes within the division of water resources. The use of gifts, grants, and donations is subject to audit by the state auditor or the state auditor's designee, the cost of which audit shall be borne by the department.
(4) Repealed.
Source: L. 84: Entire section amended, p. 923, § 16, effective January 1, 1985. L. 93: (3) amended, p. 383, § 1, effective April 15. L. 2000: (4) repealed, p. 1548, § 13, effective August 2. L. 2017: (3) amended, (SB 17-294), ch. 264, p. 1402, § 70, effective May 25. L. 2019: (1), (2), and (3) amended, (SB 19-070), ch. 21, p. 76, § 2, effective August 2.
Cross references: For the legislative declaration in SB 19-070, see section 1 of chapter 21, Session Laws of Colorado 2019.
24-33-109. Educational programs - youth educational programs. (1) (a) The executive director of the department and the directors of the divisions within the department shall have the authority to direct and manage an integrated natural resources and environmental educational program.
(b) Natural resource and environmental education for the purposes of this article shall include but not be limited to scientific concepts underlying natural resource and environmental management, the history of natural resource development and management in Colorado, and natural resource public policy concepts such as private property rights and the interdependence between private and public resource management, an appreciation for the economic benefits and costs associated with natural resource management decisions, and an understanding of the role which land-based industries, such as agriculture, mining, and timbering, play in preserving and managing natural resources.
(2) (a) The department shall develop and conduct an educational program for the youth in this state. The goals of the youth educational program are to foster an interest in and a sense of stewardship toward the natural resources of the state, to provide summer jobs for students interested in pursuing careers in natural resources, and to provide career and educational development opportunities for students participating in these programs.
(b) As part of the educational programs of the department mandated in paragraph (a) of this subsection (2), a youth in natural resources summer work program shall be established. To the greatest extent possible, such work program shall incorporate opportunities for seasonal work with the department including, but not limited to, parks maintenance and wildlife field work. Any such seasonal work opportunities shall be geared toward disadvantaged youth with a particular emphasis on including youth who are disadvantaged as a result of economic circumstances, race, national origin, ethnicity, or gender.
(3) Any funds received or expended for the educational programs pursuant to this section shall be in accordance with section 24-33-108. Funds from other sources including, but not limited to, federal funds and any appropriation made by the general assembly to the department may be accepted and used for the purposes of this section.
(4) Repealed.
Source: L. 93: Entire section added, p. 383, § 2, effective April 15. L. 97: (4) repealed, p. 40, § 1, effective March 20.
24-33-109.5. Colorado kids outdoors grant program - created - fund created - rules - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Repealed.
(b) Eligible entity means:
(I) A school district; a board of cooperative services created pursuant to article 5 of title 22, C.R.S.; a district charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, C.R.S.; an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, C.R.S., or an approved facility school as defined in section 22-2-402 (1), C.R.S.; or
(II) A nonprofit organization or an agency of the state or a local government, which organization or agency provides outdoor activities for youth that emphasize the environment and experiential, field-based learning.
(c) Executive director means the executive director of the department of natural resources.
(d) Fund means the Colorado kids outdoors grant program fund created in subsection (6) of this section.
(e) Grant program means the Colorado kids outdoors grant program created in subsection (2) of this section.
(2) There is hereby created in the office of the executive director the Colorado kids outdoors grant program to fund opportunities for Colorado youth to participate in outdoor activities in the state, including but not limited to programs that emphasize the environment and experiential, field-based learning. The grant program shall be funded through public or private gifts, grants, or donations received by the department of natural resources for said purpose pursuant to subsection (6) of this section. In addition, the executive director may use moneys received by the department of natural resources for the purposes of section 24-33-109 (2) to make awards through the grant program to eligible entities that provide outdoor activities that meet the criterion specified in subparagraph (V) of paragraph (b) of subsection (3) of this section. The grant program shall not receive appropriations of general fund moneys.
(3) The executive director shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title, to implement the grant program. At a minimum, the rules shall specify:
(a) The procedures, timelines, and form for applying for a grant; and
(b) Criteria for selecting grant recipients, which criteria shall address, at a minimum:
(I) Providing outdoor activities for youth who reside in the metropolitan, urban, and rural areas of the state;
(II) Encouraging youth to participate with their parents or legal guardians in outdoor activities;
(III) Providing outdoor activities for youth from low-income families;
(IV) Whether the outdoor activity will occur in a state park, a national park or monument, county open space, or some other natural area of the state that is either developed for outdoor recreational activities or undeveloped; and
(V) Whether the outdoor activity is designed to foster an interest in and a sense of stewardship toward the natural resources of the state by providing summer jobs for youth interested in careers in natural resources or providing other career development opportunities; except that this criterion is applicable only to grants awarded from moneys received by the department of natural resources for the purposes of section 24-33-109 (2).
(4) Repealed.
(5) An eligible entity that seeks a grant through the grant program shall submit an application to the office of the executive director in accordance with rules promulgated by the executive director. Subject to the availability of funding, the executive director shall select grant recipients, specifying the amount to be awarded, taking into account the criteria established in rule.
(6) (a) The department of natural resources is authorized to seek, accept, and expend public or private gifts, grants, or donations for the implementation of the grant program; except that the department of natural resources may not accept a gift, grant, or donation for the grant program that is subject to conditions that are inconsistent with this section or any other law of the state. The department of natural resources shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the Colorado kids outdoors grant program fund, which fund is hereby created. The moneys in the fund are continuously appropriated to the department of natural resources for the direct and indirect costs associated with implementing this section.
(b) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. The department of natural resources may expend up to two percent of the moneys annually credited to the fund to offset the costs incurred in implementing the grant program. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(7) On or before February 1, 2011, and on or before February 1 each year thereafter in which the executive director awards grants pursuant to the grant program, the executive director shall submit to the agriculture, livestock, and natural resources committee of the house of representatives, or any successor committee, the agriculture and natural resources committee of the senate, or any successor committee, and the education committees of the house of representatives and the senate, or any successor committees, a report summarizing the following information for the preceding fiscal year:
(a) The amount received for implementation of the grant program and the sources of said amount;
(b) The eligible entities that received grants and the amounts awarded to each recipient; and
(c) The activities funded with the grant awards.
Source: L. 2010: Entire section added, (HB 10-1131), ch. 332, p. 1528, § 2, effective May 27. L. 2011: IP(4)(a), (4)(a)(I)(D), and (4)(a)(I)(E) amended, (SB 11-208), ch. 293, p. 1389, § 13, effective July 1. L. 2020: (1)(a) and (4) repealed and (5) amended, (HB 20-1185), ch. 92, p. 366, § 2, effective September 14.
Editor's note: (1) HB 20-1185 repealed subsection (4), effective September 14, 2020, but this repeal did not take effect due to the repeal of subsection (4), effective July 1, 2020.
(2) Subsection (4)(d) provided for the repeal of subsection (4), effective July 1, 2020. (See L. 2010, p. 1528.)
Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 332, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portion to subsection (4)(a) and subsections (4)(a)(I)(D) and (4)(a)(I)(E), see section 1 of chapter 293, Session Laws of Colorado 2011.
24-33-110. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of natural resources or any authorized agent of such department shall require the applicant's name, address, and social security number; except that the division of parks and wildlife shall not collect applicants' social security numbers on license applications unless required by federal law or mandated as a condition of the state receiving federal funds. No license issued by the department of natural resources or any authorized agent of such department shall display the holder's social security number.
(2) The department of natural resources or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of natural resources, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of natural resources or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department of natural resources shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of natural resources and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.
(b) The appropriate rule-making body of the department of natural resources is authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any recognition, authority, or permission that the department of natural resources or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. License may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1280, § 22, effective July 1. L. 2004: (1) amended, p. 1076, § 2, effective May 21.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
24-33-111. Conservation of native species - fund created - repeal. (1) Legislative declaration. The general assembly hereby recognizes the importance of conserving native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. The general assembly hereby declares and determines that the Colorado department of natural resources and the division of parks and wildlife are responsible for the development, implementation, or approval of appropriate programs to address the conservation of such species and for negotiating agreements with federal agencies and other states to avoid regulatory conflicts pursuant to section 24-33-103.
(2) Species conservation trust fund - creation. (a) (I) (A) There is created in the state treasury the species conservation trust fund, which is subject to annual authorization by the general assembly to carry out the purposes of this section. The fund consists of all money transferred by the treasurer as specified in subsection (2)(a)(I)(B) of this section and all money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(I). At the end of any fiscal year, all unexpended money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund. To the maximum extent practical, only interest from the fund shall be expended for activities pursuant to this section.
(B) On July 1, 2017, the state treasurer shall transfer four million ninety thousand nine hundred nine dollars from the general fund to the species conservation trust fund. On July 1, 2018, the state treasurer shall transfer three million dollars from the general fund to the species conservation trust fund.
(C) Notwithstanding subsection (2)(a)(I)(A) of this section, on April 30, 2021, the state treasurer shall transfer one million nine hundred ninety-eight thousand two hundred five dollars from the species conservation trust fund to the severance tax operational fund created in section 39-29-109 (2)(b)(I).
(II) Beginning with the state fiscal year commencing on July 1, 2009, the general assembly shall appropriate an amount not to exceed five hundred thousand dollars from the species conservation trust fund to the department of natural resources for the purpose of acquiring water for instream flows. Moneys appropriated for this purpose shall be used to preserve or improve the natural environment of species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species. The executive director of the department of natural resources, in preparing the species conservation eligibility list pursuant to this section, shall provide a list of the specific instream flow acquisitions that would be financed pursuant to this subparagraph (II). Such list shall include the species that would benefit from each proposed instream flow acquisition. Prior to obligating revenues from the fund, the list of specific instream flow acquisitions is subject to modification and adoption by the general assembly through passage of a bill.
(III) Repealed.
(b) to (e) Repealed.
(f) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the species conservation trust fund to the fund.
(II) Notwithstanding subsection (2)(a)(I)(A) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the species conservation trust fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer six hundred twenty-nine thousand one hundred forty-three dollars from the species conservation trust fund to the general fund.
(B) This subsection (2)(f)(III) is repealed, effective July 1, 2026.
(3) Species conservation eligibility list. (a) The executive director of the department of natural resources, after consultation with the Colorado water conservation board and its director, the parks and wildlife commission, and the director of the division of parks and wildlife, shall annually prepare a species conservation eligibility list describing programs and associated costs that are eligible to receive funding pursuant to this section. The species conservation eligibility list is subject to modification and adoption through passage of a bill.
(b) Funding shall be distributed by the executive director of the department of natural resources among projects included in the species conservation eligibility list for the following purposes:
(I) Cooperative agreements, recovery programs, and other programs that are designed to meet obligations arising under the federal Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., and that provide regulatory certainty in accordance with subsection (4) of this section;
(II) Studies and programs established or approved by the division of parks and wildlife and the executive director of the department of natural resources regarding:
(A) Species placed on the state endangered or threatened list in accordance with section 33-2-105, C.R.S.;
(B) Candidate species in order to assist in the recovery or protection of the species to avoid listing of the species;
(C) Scientific research relating to listing or delisting any species; or
(D) If a species that is not on the federal endangered or threatened species list is proposed to be added to the state endangered or threatened species list, the evaluation of the species pursuant to this sub-subparagraph (D) shall include: Scientific evaluation of genetic data that proves the species is a separate and distinct species in the ecosystem; evaluation of the species habitat that encompasses the entire geographic area of the species habitat not just portions of such habitat; and the reliable scientific baseline data used to ascertain that the number of the species in the habitat is rapidly declining over time.
(c) In no event shall moneys from the species conservation trust fund, created in subsection (2) of this section, be used to acquire any property through the exercise of eminent domain.
(4) Agreement requirements. In order to be eligible for funding under subsection (3) of this section, agreements entered into by or on behalf of the state with any person, entity, organization, political subdivision, state, or the federal government relating to the conservation of native species that have been listed as threatened or endangered under federal or state law or that are candidate species or are likely to become candidate species, species at risk and species of special concern, or species the decline or extinction of which may affect the welfare of the citizens of the state, must be voluntary, shall protect private property rights, and shall assist in meeting the regulatory requirements that currently exist or that may become applicable in the future pertaining to the conservation of species. Funds allocated for the purpose of implementing such agreements through the species conservation list process shall be utilized, to the maximum extent possible, for the purchase or construction of capital assets that shall be owned by the state and that may be sold or utilized for other purposes in the event that the agreement is terminated unless the state elects not to own such assets and for the implementation of activities the division of parks and wildlife has determined may eliminate the need to list a species as threatened or endangered or, in the case of previously listed species, may hasten delisting.
(5) Maximization of funds. The Colorado water conservation board and the parks and wildlife commission shall maximize the species conservation trust fund by applying for available grants consistent with the purposes of the fund. Federal grants and voluntary contributions may be accepted and expended as provided in this section. Such grants and contributions shall, upon acceptance, be placed in the species conservation trust fund created in subsection (2) of this section. Nothing in this section limits the authority of the Colorado division of parks and wildlife to manage or regulate game, nongame, or threatened or endangered species. No funding shall be accepted, approved, or used to initiate the listing of species as threatened or endangered under federal law. Nothing in this section is intended to be construed as a mechanism to substitute funding that would otherwise be available for expenditure by the division of wildlife or to replace or reduce the obligation of the division to carry out nongame programs under title 33, C.R.S.
Source: L. 98: Entire section added, p. 1000, § 1, effective May 27. L. 99: (2) amended, p. 624, § 24, effective August 4. L. 2000: (1) amended, p. 22, § 4, effective August 2. L. 2002: (2) amended, p. 158, § 18, effective March 27; (2)(d) added, p. 671, § 2, effective May 28. L. 2003: (2)(e) added, p. 457, § 15, effective March 5. L. 2004: (3)(a) amended, p. 692, § 3, effective April 28. L. 2005: (3)(a) amended, p. 768, § 39, effective June 1. L. 2006: (2)(b), (2)(c), (2)(d), and (2)(e) amended, p. 1049, § 4, effective May 25. L. 2007: (3)(b)(II)(D) amended, p. 2034, § 51, effective June 1. L. 2008: (2)(a) amended, p. 1579, § 3, effective May 29. L. 2012: (3)(a) and (5) amended, (HB 12-1317), ch. 248, p. 1204, § 8, effective June 4; (2)(a)(I) amended, (HB 12-1349), ch. 282, p. 1635, § 3, effective June 8. L. 2017: (2)(a)(I) amended, (SB 17-259), ch. 190, p. 690, § 3, effective May 3; (3)(a) amended, (HB 17-1257), ch. 254, p. 1063, § 2, effective August 9. L. 2018: (2)(a)(I)(B) amended and (2)(a)(III) added, (HB 18-1338), ch. 201, pp. 1308, 1309, §§ 3, 8, effective May 4. L. 2021: (2)(a)(I)(C) added, (SB 21-220), ch. 81, p. 309, § 1, effective April 30; (2)(a)(I)(A) amended, (SB 21-281), ch. 255, p. 1501, § 10, effective June 18. L. 2023: (2)(a)(I)(A) amended, (HB 23-1301), ch. 303, p. 1826, § 35, effective August 7. L. 2024: (3)(a) amended, (SB 24-135), ch. 34, p. 112, § 19, effective March 22. L. 2025: (2)(a)(I)(A) amended and (2)(f) added, (SB 25-317), ch. 385, p. 2144, § 12, effective June 3.
Editor's note: (1) Subsections (2)(b)(II), (2)(c)(II), (2)(d)(II), and (2)(e)(II) provided for the repeal of subsections (2)(b), (2)(c), (2)(d), and (2)(e), respectively, effective July 1, 2007. (See L. 2006, p. 1049.)
(2) (a) Subsection (2)(a)(III)(B) provided for the repeal of subsection (2)(a)(III), effective July 1, 2018. (See L. 2018, p. 1308.)
(b) For the law in effect between May 4, 2018, and July 1, 2018, see L. 2018, p. 1308.
Cross references: For the legislative declaration contained in the 2008 act amending subsection (2)(a), see section 1 of chapter 339, Session Laws of Colorado 2008. For the legislative declaration in the 2012 act amending subsection (2)(a)(I), see section 1 of chapter 282, Session Laws of Colorado 2012. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-33-112. Conservation easement holders - submission of information. (Repealed)
Source: L. 2007: Entire section added, p. 1227, § 1, effective August 3. L. 2008: IP(1), (1)(b), (1)(d)(II), and (2) amended and (1)(c.5), (3) and (4) added, pp. 2314, 2315, §§ 4, 5, effective July 1. L. 2013: Entire section repealed, (SB 13-221), ch. 251, p. 1335, § 11, effective August 7.
Cross references: For the legislative declaration in the 2013 act repealing this section, see section 1 of chapter 251, Session Laws of Colorado 2013.
24-33-113. Landowner incentive conservation programs - definition. (1) The general assembly finds, determines, and declares that current federal programs exist in which Colorado landowners, in exchange for monetary compensation or other financial assistance, abide by various practices related to conservation for lands enrolled in the programs. The general assembly further declares that lands, waters, and wildlife in Colorado have derived enormous benefits as a result of such programs. However, such federal programs may be reduced or eliminated, and similar federal or state programs may exist or be created, in the near future. Therefore, the general assembly declares that a study conducted by the department of natural resources concerning such programs, including the types of lands desirable for the programs, the cost to administer the programs, and the value of the programs to public and private interests, would assist the general assembly in assessing whether and how the implementation of such programs in Colorado can be improved and, where possible, supplemented through new federal or state programs.
(2) (a) The department shall compile information regarding participation by Colorado landowners in landowner incentive conservation programs. As used in this section, landowner incentive conservation program, also referred to in this section as a program, means any federal or state program that provides monetary compensation to landowners who agree to set aside lands or apply land management strategies or conservation practices to lands enrolled in the program. A program may also directly or incidentally protect, enhance, or otherwise provide benefits to the environment, wildlife, or wildlife habitat. In gathering information pursuant to this paragraph (a), the department shall review any federal or state programs that currently exist or are created prior to February 1, 2010. The information gathered by the department shall include data regarding the amount and types of Colorado lands enrolled in a program, methods and costs to administer the programs, and the benefits to lands, the environment, or wildlife realized through the programs.
(b) The department shall study the information obtained pursuant to paragraph (a) of this subsection (2) in order to assess the feasibility of administering such a program in Colorado if the federal programs are eliminated or reduced. In assembling this information, the department shall consult with any potentially affected groups or entities, including:
(I) Federal agencies that administer programs;
(II) Any potentially affected state agencies;
(III) Landowners or entities representing landowner interests;
(IV) Groups organized for the purpose of wildlife conservation; and
(V) Repealed.
(c) The data compilation and study efforts required by this subsection (2) shall be funded with moneys appropriated to the department from the operation and maintenance account of the species conservation trust fund created in section 24-33-111 (2) for the fiscal year beginning July 1, 2009.
(3) Repealed.
(4) Information gathered by the department pursuant to this section that allows any Colorado landowner or land to be specifically identified shall be exempt from inspection pursuant to section 24-72-204 (3)(a)(XXI), provided, however, that summary or aggregate data that does not specifically identify individual landowners or specific parcels of land shall not be subject to such exemption.
Source: L. 2009: Entire section added, (SB 09-158), ch. 387, p. 2092, § 1, effective August 5. L. 2022: (2)(b)(V) and (3) repealed, (SB 22-212), ch. 421, p. 2977, § 54, effective August 10.
24-33-114. Renewable resource generation development areas - inventory of resources - fund - definitions - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1349), ch. 387, p. 1813, § 1, effective June 8.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2011. (See L. 2010, p. 1813.)
24-33-115. Reenergize Colorado program - powers and duties of executive director - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1349), ch. 387, p. 1814, § 1, effective June 8. L. 2012: IP(1) amended, (HB 12-1315), ch. 224, p. 962, § 15, effective July 1.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2020. (See L. 2010, p. 1814.)
24-33-116. Colorado avalanche information center - creation - duties - fund. (1) There is created in the department of natural resources in the office of the executive director of the department, the Colorado avalanche information center to promote safety by reducing the impact of avalanches on recreation, industry, and transportation in the state through a program of avalanche forecasting and education. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105.
(2) (a) The Colorado avalanche information center is authorized to enter into agreements to provide training and materials to the general public, industries, and units of local government and to recover the direct costs of providing the training and materials. The Colorado avalanche information center is also authorized to establish and collect fees for training programs and materials that approximate the direct costs of providing the training and materials.
(b) The Colorado avalanche information center is authorized to contract with agencies of state government for the provision of services and may establish and collect fees to recover the direct costs of those services.
(c) (I) (A) The department of natural resources shall transmit all money collected pursuant to this section to the state treasurer, who shall credit it to the Colorado avalanche information center fund, which fund is hereby created and referred to in this section as the fund. Except as otherwise provided in subsection (2)(c)(I)(B) of this section, money in the fund is subject to annual appropriation by the general assembly to the department of natural resources for the direct and indirect costs associated with the Colorado avalanche information center.
(B) For state fiscal year 2021-22 and for each succeeding state fiscal year, all state highway fund money that is credited to the fund pursuant to an intergovernmental agreement between the department of transportation and the department of natural resources and all interest and income derived from the deposit and investment of that money is continuously appropriated to the department of natural resources for the direct and indirect costs incurred by the Colorado avalanche information center in operating the highway avalanche safety program for the purpose of reducing avalanche risk on state highways.
(II) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
(3) Repealed.
Source: L. 2013: Entire section added, (HB 13-1057), ch. 1, p. 2, § 6, effective January 31. L. 2021: (2)(c)(I) amended, (SB 21-219), ch. 80, p. 307, § 1, effective April 30; (3) added, (HB 21-1326), ch. 274, p. 1592, § 1, effective June 21. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3408, § 156, effective August 10.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective September 1, 2023. (See L. 2021, p. 1592.)
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33-117. Wildfire mitigation capacity development fund - established - financing - legislative intent - repeal. (1) The wildfire mitigation capacity development fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (5) of this section, money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(IV) and (1)(g)(V), and any other money that the general assembly may appropriate or transfer to the fund.
(2) (a) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the wildfire mitigation capacity development fund to the fund.
(II) For the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the wildfire mitigation capacity development fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer forty-eight thousand five hundred seventy-one dollars from the wildfire mitigation capacity development fund to the general fund.
(B) This subsection (2)(a)(III) is repealed, effective July 1, 2026.
(3) Money in the wildfire mitigation capacity development fund is continuously appropriated to the department of natural resources and may be used by the department for the following purposes:
(a) Initiating a federal national incident management organization comprehensive risk analysis by June 15, 2021, to identify the most strategic landscapes in the state for wildfire mitigation and fuel reduction projects;
(b) Supporting wildfire mitigation workforce development including the engagement of conservation corps and the department of corrections state wildland inmate fire teams in priority wildfire mitigation projects including those projects identified by the federal national incident management organization comprehensive risk analysis conducted pursuant to subsection (3)(a) of this section;
(c) Hiring staff resources to coordinate cross-boundary wildfire mitigation efforts, facilitate engagement, and connect priority wildfire mitigation projects with available resources. These staff shall consult with stakeholders including federal and state agencies, local governments, tribes, communities, forest collaborative groups, and other entities to identify and implement priority wildfire mitigation projects on municipal, county, tribal, state, state-operated, federal, and private lands, as appropriate.
(d) Conducting an assessment of wildfire mitigation efforts undertaken or supported by the state to determine the most efficient and effective organizational structure for those efforts;
(e) Funding projects or grants to support the planning and implementation of fuel reduction and wildfire mitigation projects at landscape-scale to reduce the risk of catastrophic wildfire in priority areas, including those identified by the analysis in subsection (3)(a) of this section; and
(f) Funding the direct and indirect costs of administering the activities described in this subsection (3).
(4) To the extent practicable, when supporting or funding projects or grants for the planning and implementation of fuel reduction and wildfire mitigation projects in accordance with subsections (3)(b) and (3)(e) of this section, the department of natural resources shall prioritize those projects with the greatest potential to protect life, property, and infrastructure.
(5) On June 15, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer seventeen million five hundred thousand dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (5) must be allocated to supported areas administered by the department of natural resources as follows:
(a) Up to two hundred thousand dollars for the federal national incident management organization statewide risk assessment described in subsection (3)(a) of this section;
(b) For the wildfire mitigation workforce development described in subsection (3)(b) of this section;
(c) Up to five hundred fifty thousand dollars for the wildfire mitigation project coordination described in subsection (3)(c) of this section;
(d) Up to five hundred thousand dollars for the wildfire mitigation organizational planning described in subsection (3)(d) of this section;
(e) For the landscape wildfire mitigation projects described in subsection (3)(e) of this section;
(f) Up to five percent of the funds transferred pursuant to subsection (5)(b) of this section may be used for both the direct and indirect administrative costs associated with the wildfire mitigation workforce development funded by subsection (5)(b) of this section; and
(g) Up to five percent of the funds transferred pursuant to subsection (5)(e) of this section may be used for both the direct and indirect administrative costs associated with the landscape wildfire mitigation projects funded by subsection (5)(e) of this section.
(5.5) Repealed.
(6) On June 30, 2023, the state treasurer shall transfer any unexpended and unencumbered money in the wildfire mitigation capacity development fund that was transferred by the state treasurer to the wildfire mitigation capacity development fund pursuant to subsection (5) of this section to the general fund, except for the money allocated by the department of natural resources pursuant to subsections (5)(c), (5)(f), and (5)(g) of this section.
(6.2) On June 30, 2023, and on June 30 each year thereafter, the state treasurer shall transfer one million dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (6.2) must be used for purposes set forth in subsection (3) of this section.
(7) To implement this section, the department of natural resources shall coordinate with the division of fire prevention and control in the department of public safety and with the Colorado state forest service at the department of higher education and enter into a memorandum of understanding with such agencies to direct the implementation of this section.
Source: L. 2021: Entire section added, (SB 21-258), ch. 238, p. 1251, § 5, effective June 15. L. 2022: (5.5) added, (HB 22-1012), ch. 341, p. 2450, § 3, effective August 10. L. 2023: (1) amended, (SB 23-139), ch. 11, p. 33, § 2, effective March 6; (6.2) added, (SB 23-005), ch. 172, p. 846, § 3, effective May 12. L. 2025: (2) amended, (SB 25-317), ch. 385, p. 2145, § 13, effective June 3.
Editor's note: Subsection (5.5)(b) provided for the repeal of subsection (5.5), effective July 1, 2023. (See L. 2022, p. 2450.)
Cross references: For the legislative declaration in SB 21-258, see section 1 of chapter 238, Session Laws of Colorado 2021. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-33-118. Pollinator health study - recommendations - reporting - definition - repeal. (Repealed)
Source: L. 2022: Entire section added, (SB 22-199), ch. 257, p. 1890, § 2, effective May 27.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2024. (See L. 2022, p. 1890.)
PART 2
DIVISION OF FORESTRY
24-33-201. Division of forestry - creation - state forest service agreement. (1) There is created the division of forestry in the department of natural resources. The division of forestry is a type 2 entity, as defined in section 24-1-105. The executive director of the department of natural resources shall enter into an agreement with Colorado state university, through the board of governors of the Colorado state university system, to cooperate in the state's efforts to improve the management and health of Colorado's forests and to provide staff for the division of forestry.
(2) The division of forestry's powers and duties shall include:
(a) Strengthening natural resource policy formulation and coordination concerning public and private forest land in Colorado by:
(I) Producing an annual forest health report for all forest land in Colorado;
(II) Addressing cooperative management of forest land across jurisdictions;
(III) Mitigating the natural and urban interface fire hazard;
(IV) Restoring critical watersheds;
(V) Assisting in the management of forest lands under the jurisdiction of the agencies within the department of natural resources.
(b) Preparing and updating the memorandum of understanding between the department of natural resources and Colorado state university that provides for the staffing of the division of forestry by the Colorado state forest service;
(c) Preparing the annual joint work plan for the division of forestry and Colorado state forest service for submittal to and approval by the department of natural resources and Colorado state university;
(d) Repealed.
(e) Reviewing and approving all Colorado state forest service publications that are issued as a result of the memorandum of understanding between the department of natural resources and Colorado state university;
(f) Promoting cooperation with the federal land management agencies to facilitate collaboration across boundaries warranted by forest land conditions;
(g) Incorporating rural development through forestry in program delivery;
(h) Assuring that state water quality best management practices are available and understood; and
(i) Preparing an annual report on the accomplishments of the division of forestry.
(3) The division of forestry, the state forester, and the Colorado state forest service shall enforce and administer the provisions of law conferred upon the division of forestry, state forester, and Colorado state forest service.
Source: L. 2000: Entire part added, p. 556, § 5, effective July 1. L. 2002: (1) amended, p. 1246, § 19, effective August 7. L. 2010: (2)(d) repealed, (HB 10-1223), ch. 41, p. 165, § 4, effective August 11. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3408, § 157, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33-202. Forestry advisory board - creation - repeal. (Repealed)
Source: L. 2000: Entire part added, p. 557, § 5, effective July 1. L. 2010: Entire section repealed, (HB 10-1223), ch. 41, p. 165, § 5, effective August 11.
Editor's note: (1) House Bill 10-1223 repealed this section, effective August 11, 2010, but this repeal did not take effect due to the repeal of this section, effective July 1, 2010.
(2) Subsection (3) provided for the repeal of this section, effective July 1, 2010. (See L. 2000, p. 557.)
24-33-203. State forester - authority to permit controlled burns during drought conditions - civil. (Repealed)
Source: L. 2002, 3rd Ex. Sess.: Entire section added, p. 46, § 4, effective July 18. L. 2013: Entire section repealed, (SB 13-083), ch. 249, p. 1310, § 16, effective May 23.
Cross references: In 2013, this section was repealed by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33-204. State forester - authority to permit controlled burns during drought conditions - criminal. (Repealed)
Source: L. 2002, 3rd Ex. Sess.: Entire section added, p. 39, § 7, effective July 17. L. 2013: Entire section repealed, (SB 13-083), ch. 249, p. 1310, § 16, effective May 23.
Cross references: In 2013, this section was repealed by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33-205. Management of state forest lands. (1) The department of natural resources and its divisions that own forested land, in consultation and cooperation with the state forester, shall actively manage all forested state lands, consistent with applicable laws and state best management practices, using the range of management options appropriate to the given forest ecosystem, to:
(a) Reestablish natural forest conditions;
(b) Reduce the threat of large, high-intensity wildfires;
(c) Sustain and promote natural habitat consistent with healthy forest conditions; and
(d) Protect and restore watersheds.
Source: L. 2003: Entire section added, p. 2508, § 2, effective August 6.
PART 3
COLORADO COORDINATION COUNCIL
24-33-301 to 24-33-304. (Repealed)
Editor's note: (1) Section 24-33-304 provided for the repeal of this part 3, effective July 1, 2013. (See L. 2004, p. 1200.)
(2) This part 3 was added in 2003. For amendments to this part 3 prior to its repeal in 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
ARTICLE 33.5
Public Safety
Cross references: For parole guidelines, see § 17-22.5-404; for the authority of the judicial department to develop, administer, and operate a home detention program or to contract with the division of criminal justice of the department of public safety for the utilization of home detention programs contracted for by that division, see § 17-27.8-104.
PART 1
DEPARTMENT OF PUBLIC SAFETY
24-33.5-101. Legislative declaration. (1) The general assembly finds and declares that:
(a) The various agencies of this state concerned with public safety have functioned independently and without central direction or focus;
(b) Consolidation of these agencies under a single department would provide the state with greater responsibility for and direction of the several aspects of the public safety system without creating a new bureaucracy; and
(c) The several state agencies thus brought together would benefit from such an association.
Source: L. 83: Entire article added, p. 918, § 1, effective July 1, 1984.
24-33.5-102. Definitions. As used in this article 33.5, unless the context otherwise requires:
(1) County means any county in this state and includes a city and county.
(1.5) Department means the department of public safety.
(2) Executive director means the executive director of the department.
(3) ICON means the computerized database of court records known as the integrated Colorado online network used by the state judicial department.
(4) Repealed.
(5) Mass shooting means a shooting in which at least four people, other than the individual or individuals alleged to have committed the shooting, are injured or killed with a firearm by the individual or individuals alleged to have committed the shooting.
Source: L. 83: Entire article added, p. 918, § 1, effective July 1, 1984. L. 2001: (3) added, p. 613, § 3, effective May 30. L. 2007: (1) amended and (1.5) and (4) added, p. 1395, § 1, effective May 30. L. 2022: IP amended and (4) repealed, (SB 22-187), ch. 245, p. 1825, § 2, effective August 10. L. 2025: (5) added, (SB 25-059), ch. 69, p. 302, § 1, effective August 6.
24-33.5-103. Department created - divisions. (1) There is hereby created the department of public safety, the head of which shall be the executive director of the department of public safety, which office is hereby created. The executive director shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director has those powers, duties, and functions prescribed for the heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
(2) The department consists of the following divisions:
(a) Colorado state patrol;
(b) Repealed.
(c) Colorado bureau of investigation;
(d) Division of criminal justice;
(e) Repealed.
(f) (Deleted by amendment, L. 2002, p. 1205, § 2, effective June 3, 2002.)
(g) Repealed.
(h) Division of homeland security and emergency management; and
(i) Division of fire prevention and control.
(3) The executive director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department and the divisions thereof.
(4) Publications by the executive director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
(5) The executive director may appoint the deputy director of the department of public safety pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the executive director, the deputy director has the same powers, duties, and responsibilities of the executive director as provided by law and shall exercise such powers, duties, and responsibilities in the absence of the executive director and when so instructed by the executive director.
Source: L. 83: Entire article added, p. 919, § 1, effective July 1, 1984. L. 84: (3) and (4) amended, p. 678, § 3, effective July 1. L. 86: (1) amended, p. 887, § 15, effective May 23. L. 89: (2)(g) added, p. 1643, § 7, effective June 5. L. 92: (2)(e) repealed, p. 1043, § 8, effective March 12. L. 99: (2)(g) repealed, p. 438, § 8, effective April 30. L. 2000: (3) amended, p. 1548, § 14, effective August 2. L. 2002: (2)(f) amended and (2)(h) added, p. 1205, § 2, effective June 3. L. 2012: (5) added, (HB 12-1079), ch. 21, p. 56, § 2, effective May 16; IP(2) and (2)(h) amended, (2)(b) repealed, and (2)(i) added, (HB 12-1283), ch. 240, p. 1070, § 8, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending the introductory portion to subsection (2) and subsection (2)(h), repealing subsection (2)(b), and adding subsection (2)(i), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-104. Duties of executive director. (1) The executive director shall:
(a) Exercise general supervisory control over and coordinate the activities, functions, and employees of the department;
(b) Supervise the conduct of investigations into the activities of organized crime and receive allocations of state, federal, or other funds made available for such purposes.
Source: L. 83: Entire article added, p. 919, § 1, effective July 1, 1984.
24-33.5-104.3. Executive director authority to repeal rules - repeal. (Repealed)
Source: L. 2018: Entire section added, (HB 18-1087), ch. 32, p. 367, § 1, effective August 8.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, p. 367.)
24-33.5-104.5. Powers of executive director - DNA evidence issues - working group. (Repealed)
Source: L. 2008: Entire section added, p. 847, § 3, effective May 14. L. 2009: (2) amended, (HB 09-1121), ch. 20, p. 103, § 2, effective March 18; (3) amended, (SB 09-241), ch. 295, p. 1577, § 4, effective July 1. L. 2014: (1)(c) added, (SB 14-153), ch. 390, p. 1963, § 14, effective June 6. L. 2020: Entire section repealed, (SB 20-136), ch. 70, p. 294, § 41, effective September 14.
Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
24-33.5-105. Transfer of functions. (1) The department shall, on and after July 1, 1984, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the department of local affairs, the department of military affairs, and the state department of highways prior to July 1, 1984, concerning the duties and functions transferred to the department. On July 1, 1984, all employees of the department of local affairs, the department of military affairs, and the state department of highways whose principal duties are concerned with the duties and functions transferred to the department and whose employment in the department of public safety is deemed necessary by the executive director to carry out the purposes of this article shall be transferred to the department of public safety and shall become employees thereof. Such employees shall retain all rights to state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations.
(2) Repealed.
(3) Whenever the department of local affairs, the department of military affairs, or the state department of highways is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department, such reference or designation shall be deemed to apply to the department of public safety. All contracts entered into by the said departments prior to July 1, 1984, in connection with the duties and functions transferred to the department are hereby validated, with the department of public safety succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the department of public safety for the payment of such obligations.
Source: L. 83: Entire article added, p. 919, § 1, effective July 1, 1984. L. 2006: (2) repealed, p. 144, § 19, effective August 7.
24-33.5-106. Witness protection board - creation - Javad Marshall-Fields and Vivian Wolfe witness protection program - witness protection fund - repeal. (1) There is hereby created in the department of public safety the witness protection board, which shall consist of the attorney general, the executive director of the department of public safety, and the executive director of the Colorado district attorneys council or their respective designees.
(2) The witness protection board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.
(3) The board shall create a witness protection program that shall be referred to as the Javad Marshall-Fields and Vivian Wolfe witness protection program, through which the board may fund or provide for the security and protection of a prosecution witness or potential prosecution witness during or subsequent to an official proceeding or investigation that involves great public interest or as a result of which the board determines that an offense such as intimidating a witness as described in section 18-8-704 or 18-8-705, C.R.S., tampering with a witness as described in section 18-8-707, C.R.S., or retaliating against a witness as described in section 18-8-706, C.R.S., is likely to be committed. The board may also fund or provide for the security and protection of the immediate family of, or a person otherwise closely associated with, such witness or potential witness if the family or person may also be endangered.
(4) In connection with the security and protection of a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness, the board may fund any action the board determines to be necessary to protect such person from bodily injury or to assure the person's health, safety, and welfare for as long as, in the judgment of the board, such danger exists. In an emergency situation requiring immediate attention, any member of the board is authorized to distribute an amount not to exceed five hundred dollars in order to protect a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness.
(5) Any district attorney or the attorney general may request funding from the board for the purpose of providing witness security and protection, or for contracting or arranging for security provided by other local, state, or federal agencies such as the United States marshal's service. Requests shall be made and approved in a timely and equitable manner as established by the board.
(6) (a) Any money distributed by the board shall be made from the witness protection fund, which fund is created in the state treasury. The general assembly may make appropriations from the general fund for purposes of the witness protection program when the witness protection board demonstrates that there is a need to replenish the fund. In order to receive consideration for additional appropriations to the witness protection fund, the witness protection board shall submit information to the general assembly detailing how much money has been allocated out of the fund in the prior year, how many witnesses have received witness security and protection from allocations out of the fund, and how many requests for witness security and protection are anticipated in the next fiscal year. The department of public safety is authorized to accept, receive, use, and expend gifts, grants, donations, services, or assistance from any source to provide for the security or protection of a witness as specified in this section. All interest derived from the deposit and investment of money in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(b) (I) Notwithstanding any provision of this subsection (6) to the contrary, on June 30, 2025, the state treasurer shall transfer two hundred thousand dollars from the witness protection fund to the general fund.
(II) This subsection (6)(b) is repealed, effective July 1, 2026.
(7) The state, the witness protection board, and the individual board members shall not be liable for injury or damages in any civil action brought by or on behalf of any person who was provided or denied security and protection pursuant to this section.
(8) (a) The Colorado district attorneys and law enforcement agencies shall provide at least annual training for district attorneys, victims' advocates employed in or working with law enforcement agencies, and law enforcement personnel related to witness protection. The witness protection board shall develop program materials, including a model witness protection risk assessment instrument, which shall be made available to Colorado's district attorneys and law enforcement agencies.
(b) Any witness protection curriculum developed by the witness protection board shall be provided to the peace officers standards and training board. The peace officers standards and training board shall provide the training curriculum to any law enforcement agency upon request and may include the curriculum in the training it provides. Any law enforcement agency in the state that develops its own witness protection curriculum may provide the curriculum to the peace officers standards and training board which shall make that curriculum available to any law enforcement agency in the state upon request.
Source: L. 95: Entire section added, p. 1344, § 1, effective June 5. L. 98: (3) amended, p. 1433, § 2, effective July 1. L. 2006: (3) amended and (8) added, p. 1299, § 1, effective July 1. L. 2008: (8) amended, p. 290, § 1, effective August 5. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3427, § 209, effective August 10. L. 2025: (6) amended, (SB 25-264), ch. 129, p. 501, § 18, effective April 25.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-106.5. Confidentiality of materials - definitions. (1) For purposes of this section, unless the context otherwise requires:
(a) In camera review means an inspection of materials by the court, in chambers, to determine what, if any, materials are discoverable. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal.
(b) Materials means any records, claims, writings, documents, or information.
(2) (a) Any materials received, made, or kept by a witness protection board, the department, or a prosecuting attorney concerning a witness protection matter shall be confidential. The materials shall not be discoverable unless the court conducts an in camera review of the materials sought to be discovered and determines that the materials are necessary for the resolution of an issue then pending before the court. The attorney general acting on behalf of the witness protection board shall have standing in any action to oppose the disclosure of materials in the custody of the witness protection board.
(b) A person who knowingly or intentionally discloses confidential materials in violation of the provisions of this subsection (2) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Notwithstanding any provision of law to the contrary, a criminal prosecution brought pursuant to the provisions of this subsection (2) shall be brought within five years after the date upon which the violation occurred.
Source: L. 2007: Entire section added, p. 33, § 1, effective March 5.
24-33.5-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.
(2) The department or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.
(b) The appropriate rule-making body of the department is authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any recognition, authority, or permission that the department or any authorized agent of the department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. License may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1281, § 23, effective July 1.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
24-33.5-108. Statewide fire fighting resource database - creation. (Repealed)
Source: L. 2001: Entire section added, p. 116, § 2, effective March 23. L. 2003: (2)(b) amended, p. 705, § 27, effective July 1. L. 2012: Entire section repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Cross references: For the legislative declaration in the 2012 act repealing this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-109. Cold case task force - creation - rules - repeal. (1) (a) There is hereby created in the department of public safety the cold case task force, referred to in this section as the task force, to review general cold case homicide investigation tactics and practices.
(b) The task force is a type 2 entity, as defined in section 24-1-105, and exercises its powers and perform its duties and functions under the department of public safety.
(2) The task force shall consist of sixteen members, as follows:
(a) The executive director of the department of public safety, or his or her designee, who shall chair the task force;
(b) The attorney general, or his or her designee;
(c) Three district attorneys, or their designees, who shall be appointed by the executive director of the Colorado district attorneys council, one of whom shall be from an urban judicial district, one of whom shall be from a suburban judicial district, and one of whom shall be from a rural judicial district;
(d) Two members who represent a statewide victims advocacy organization and who shall be appointed by the governor;
(e) One sheriff and one police chief who shall be appointed by the speaker of the house of representatives;
(f) One sheriff and one police chief who shall be appointed by the president of the senate;
(g) Two representatives from victims' families who shall be appointed by the speaker of the house of representatives;
(h) Two representatives from victims' families who shall be appointed by the president of the senate; and
(i) A forensic pathologist who is appointed by the governor.
(3) (a) The members of the task force appointed pursuant to subsections (2)(c) to (2)(i) of this section shall serve terms of three years; except that the terms shall be staggered so that no more than a minimum majority of the appointed members' terms expire in the same year.
(b) An appointed member shall not serve more than two consecutive full terms, in addition to any partial term. In the event of a vacancy in an appointed position by death, resignation, removal for misconduct, incompetence, or neglect of duty, or otherwise, the appointing authority shall appoint a member within sixty days to fill the position for the remainder of the unexpired term.
(4) The members of the task force shall serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties pursuant to this section.
(5) The task force shall meet at least four times a year.
(6) The task force shall review cold case homicide investigation strategies and practices and make recommendations on best practices.
(7) Members of the task force, employees, and consultants shall be immune from suit in any civil action based upon any official act performed in good faith pursuant to this section.
(8) On or before October 1 each year, the task force shall report to the judiciary committees of the senate and the house of representatives, or any successor committees, on the implementation of this section.
(9) (a) This section is repealed, effective September 1, 2026.
(b) Before its repeal, the department of regulatory agencies shall review the task force in accordance with section 24-34-104.
Source: L. 2007: Entire section added, p. 1895, § 2, effective June 1. L. 2012: IP(2), (2)(g), (2)(h), (3), and (9)(a) amended and (2)(i) added, (HB 12-1206), ch. 90, p. 293, § 1, effective April 12. L. 2019: (9) amended, (SB 19-163), ch. 213, p. 2221, § 1, effective August 2. L. 2022: (3), (5), and (8) amended, (SB 22-013), ch. 2, p. 49, § 61, effective February 25; (1)(b) amended, (SB 22-162), ch. 469, p. 3427, § 210, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-110. Posting of notice of NIMS classes. (Repealed)
Source: L. 2008: Entire section added, p. 802, § 2, effective May 14. L. 2012: Entire section repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Cross references: For the legislative declaration in the 2012 act repealing this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-111. Motor carrier safety assistance - study. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1113), ch. 244, p. 1083, § 2, effective July 1. L. 2012: Entire section repealed, (HB 12-1019), ch. 135, p. 464, § 3, effective July 1.
24-33.5-112. State law enforcement agencies to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Law enforcement agency of the state means the department and any agency that exists within the department and employs at least one peace officer, including but not limited to the Colorado state patrol created in part 2 of this article, the Colorado bureau of investigation created in part 4 of this article, and the division of criminal justice created in part 5 of this article.
(b) Peace officer means a certified peace officer described in section 16-2.5-102, C.R.S.
(c) 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 law enforcement agency of the state has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if:
(a) The peace officer requests the identification;
(b) The peace officer retired from the law enforcement agency before the date upon which the agency 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) A law enforcement agency of the state 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 agency in issuing the photographic identification.
(5) Notwithstanding any provision of this section to the contrary, a law enforcement agency of the state shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so.
(6) If a law enforcement agency of the state denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency 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. 256, § 1, effective August 7.
24-33.5-113. Forensic medical evidence in sexual assault cases - rules - testing - confidentiality - definition. (1) Rules. (a) On or before thirty days after June 5, 2013, the executive director shall begin the process of promulgating rules for forensic medical evidence collected in connection with an alleged sexual assault. Not less than ninety days prior to the promulgation of the rules, the division shall convene a representative group of participants as defined in section 24-4-102 (14.5) to solicit input into the development of the rules. The representative group must include persons affected by the rules and persons responsible for implementation of the rules. The division may convene as many meetings of the representative group as is necessary.
(b) On or before six months after June 5, 2013, the executive director shall promulgate the rules. The rules must include:
(I) A requirement that forensic evidence must be collected if a victim of an alleged sexual assault requests it to be collected;
(II) Standards for what evidence must be submitted to the Colorado bureau of investigation or another accredited crime laboratory;
(III) Time frames for when the evidence must be submitted, analyzed, and compared to DNA databases. The rules on time frames must indicate that, once the backlog described in subsection (4) of this section is resolved, evidence that meets the criteria for mandatory submission must be submitted within twenty-one days after receipt by a law enforcement agency.
(IV) Standards for consent for the collection, testing, and release of test results of the forensic medical evidence, including but not limited to:
(A) Information to be contained in consent forms that notify persons of the potential effects of each step of the process, including collection, testing, and release of test results and require acknowledgment of consent for each step of the process;
(B) Who may give consent and when is it required;
(C) Who may withdraw consent and when it may be withdrawn; and
(D) When and how results of tests may be released and for what purposes;
(V) A plan for prioritizing the testing of the backlog of forensic medical evidence to be forwarded to the Colorado bureau of investigation pursuant to subsection (4) of this section and a plan for testing newly collected forensic medical evidence once the backlog is resolved; and
(VI) The date, as soon as practicable, by which a law enforcement agency must analyze its backlog of forensic medical evidence if it does not forward such evidence to the Colorado bureau of investigation for analysis.
(2) Law enforcement and medical personnel shall not, for any reason, discourage a victim of an alleged sexual assault from receiving a forensic medical examination.
(3) Compliance. (a) (I) On and after ninety days after the promulgation of the rules authorized by paragraph (b) of subsection (1) of this section, all law enforcement agencies in the state shall comply with the promulgated rules.
(II) The failure of a law enforcement agency to comply with the rules promulgated pursuant to paragraph (b) of subsection (1) of this section does not affect:
(A) The authority of the agency to submit the evidence to the Colorado bureau of investigation or other accredited crime laboratory;
(B) The authority of the Colorado bureau of investigation or other accredited crime laboratory to analyze the evidence or provide results of the analysis to appropriate persons; or
(C) The admissibility of the evidence in any court.
(b) On and after ninety days after the promulgation of the rules described in paragraph (b) of subsection (1) of this section, all personnel at a medical facility performing a forensic medical examination and all other persons having custody of forensic medical evidence collected in connection with an alleged sexual assault or the results of tests conducted on the evidence shall comply with the promulgated rules.
(c) A person who receives evidence or results of tests under this section shall not disclose the evidence or test results except to the extent that disclosure is consistent with the authorized purpose for which the person obtained the evidence.
(4) Repealed.
(5) The department of public safety shall include within its budget requests and supplemental budget requests submitted to the joint budget committee funding requests to analyze as soon as practicable the backlog of forensic medical evidence of any alleged sexual assaults forwarded to the Colorado bureau of investigation pursuant to subsection (4) of this section and to analyze newly collected forensic medical evidence as soon as practicable.
(6) (a) Upon submission of forensic medical evidence to an accredited crime laboratory, the accredited crime laboratory must endeavor, subject to available capacity, funding, and personnel, to analyze and, when appropriate, upload the information into the combined DNA index system within sixty days after receipt of the forensic medical evidence.
(b) As used in this subsection (6), accredited crime laboratory means a law enforcement crime laboratory that has received forensic accreditation through ISO/IEC 17025 requirements.
Source: L. 2013: Entire section added, (HB 13-1020), ch. 368, p. 2149, § 1, effective June 5. L. 2014: (1)(b)(IV)(A) amended, (HB 14-1171), ch. 85, p. 329, § 1, effective March 27. L. 2025: (6) added, (SB 25-304), ch. 414, p. 2352, § 3, effective June 3.
Editor's note: Subsection (4)(e) provided for the repeal of subsection (4), effective July 1, 2015. (See L. 2013, p. 2149.)
24-33.5-113.5. Forensic medical evidence in sexual assault cases - tracking system. (1) The department shall develop and maintain a confidential and secure statewide system, referred to in this section as system, for victims of alleged sexual assault to monitor the status and location of their sexual assault evidence collection kit. The system must be operational by June 30, 2025. The department shall maintain and operate the system.
(2) (a) (I) If the victim of an alleged sexual assault consents to analysis of the victim's forensic medical evidence examination, the system must track the location, date, and time of the following relevant stages:
(A) Forensic medical evidence examination;
(B) Possession of their sexual assault evidence collection kit by a law enforcement agency for storage;
(C) Possession of the victim's sexual assault evidence collection kit by a forensic laboratory for analysis;
(D) Completion of the forensic laboratory's analysis of the victim's sexual assault evidence collection kit; and
(E) Earliest anticipated date of destruction of the evidence obtained from the victim's forensic medical evidence examination.
(II) If the victim of an alleged sexual assault does not consent to having the evidence obtained from the victim's forensic medical evidence examination analyzed, the relevant stages of analysis include:
(A) Forensic medical evidence examination;
(B) Possession of the victim's sexual assault evidence collection kit by a law enforcement agency for storage; and
(C) Earliest anticipated date of destruction of the evidence obtained from the victim's forensic medical evidence examination.
(b) The system must provide victims of an alleged sexual assault with information concerning:
(I) Financial assistance and compensation programs for victims of sexual assault;
(II) Up-to-date statutory and regulatory information concerning victims of an alleged sexual assault;
(III) Deadlines regarding the processing, custody, analysis, and destruction of evidence obtained from forensic medical examinations;
(IV) How a victim of alleged sexual assault may object to the destruction of forensic medical evidence pursuant to section 24-4.1-303;
(V) Contact information for the system's administrator and for the law enforcement agency storing evidence obtained from the victim of alleged sexual assault's forensic medical evidence examination; and
(VI) Community-based resources and services for victims of sexual assault.
(3) (a) Every state or local law enforcement agency, medical facility, crime laboratory, or other person or entity that supplies or performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical evidence examinations, shall participate in the system.
(b) The federal bureau of investigation, a tribal law enforcement agency located in Colorado, or a federal Indian health service located in Colorado that supplies forensic medical evidence examinations, performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical examinations may participate in the system.
(4) (a) On or after January 30, 2026, and on or before January 30 and July 31 of each year thereafter, the executive director of the department shall submit a report to every member of the general assembly, including the following information from the preceding period of July 1 through December 31 or January 1 through June 30, as applicable:
(I) The number of sexual assault evidence collection kits reported into the system, in total and disaggregated by the type of report;
(II) The total number of sexual assault evidence collection kits analyzed by a forensic laboratory; and
(III) The total number of sexual assault evidence collection kits pending analysis by a forensic laboratory.
(b) The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of an individual's information.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4) continues indefinitely.
(5) The department shall consult with the office of liaison for missing and murdered indigenous relatives to make recommendations to ensure the system developed pursuant to this section is accessible to victims of alleged sexual assault in a tribal jurisdiction.
(6) For the 2023-24 state fiscal year, the general assembly shall appropriate seven hundred forty-four thousand three hundred fifty-one dollars from the Colorado crime victim services fund, created pursuant to section 24-33.5-505.5, to the department for the purpose of developing and maintaining the system pursuant to this section.
Source: L. 2023: Entire section added, (HB 23-1199), ch. 263, p. 1563, § 1, effective May 25. L. 2025: IP(4)(a) amended, (SB 25-304), ch. 414, p. 2352, § 4, effective June 3.
24-33.5-114. Disclosure of knowing misrepresentation by a peace officer required - disclosure waivers - reports - definitions. (1) Subject to the limitations of this section, any state or local law enforcement agency 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 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 state or local law enforcement agency, which waiver explicitly authorizes the agency 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 state or local law enforcement agency 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 state or local law enforcement agency is not required to provide the disclosure described in subsection (1) of this section if the agency is prohibited from providing such disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before August 5, 2015.
(4) (a) A state or local law enforcement agency shall notify the local district attorney whenever the agency determines there is a sustained finding that any peace officer of the agency 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 law enforcement agency of the department shall provide the notice described in paragraph (a) of this subsection (4) not more than seven days after the agency determines there is a sustained finding that a peace officer of the agency has made a knowing misrepresentation, as described in said paragraph (a).
(5) A state or local law enforcement agency 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;
(b) The Colorado bureau of investigation created pursuant to section 24-33.5-401;
(c) A county sheriff's office;
(d) A municipal police department;
(e) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124; or
(f) A town marshal's office.
Source: L. 2015: Entire section added, (SB 15-218), ch. 209, p. 760, § 2, effective August 5.
Cross references: For the legislative declaration in SB 15-218, see section 1 of chapter 209, Session Laws of Colorado 2015.
24-33.5-115. Peace officer hiring - required use of waiver - definitions. (1) A state or local law enforcement agency, including higher education law enforcement agencies and public transit law enforcement agencies, shall require each candidate that receives a conditional job offer 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 state or local law enforcement agency and releases the interviewing agency 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 interviewing agency 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 interviewing agency. The agency 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 agency that is considering the candidate for employment not more than twenty-one days after such receipt. A law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the disclosure shall report that fact to the P.O.S.T. board. Upon receipt of the notice, the P.O.S.T. board may contact the agency, and if the agency does not provide the disclosure within six calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for a period of one year or shall impose fines through the attorney general pursuant to section 24-31-307 and P.O.S.T. board rule, or both.
(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;
(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124; or
(VI) A town marshal's office.
Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1380, § 1, effective June 10. L. 2025: (1) amended, (HB 25-1136), ch. 333, p. 1728, § 4, effective May 31.
24-33.5-116. Peace officer authority Colorado mounted rangers study task force - repeal. (Repealed)
Source: L. 2016: Entire section added, (SB 16-111), ch. 291, p. 1177, § 1, effective June 10.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2017. (See L. 2016, p. 1177.)
24-33.5-117. Crime prevention through safer streets grant program - created - committee - reports - repeal. (1) There is created in the department the crime prevention through safer streets grant program, referred to in this section as the grant program. The grant program allows the department and local governments to evaluate and design safer streets and neighborhood models that discourage crime, revitalize community image, and establish place-specific crime prevention strategies that account for geographic, cultural, economic, and social characteristics of the target areas. The department shall administer the grant program pursuant to this section. Subject to available appropriations, the department may provide technical assistance to agencies interested in submitting responsive proposals. After areas where crime is more prevalent are identified, local governmental agencies may submit a grant application to the department for a grant to pay for improvements designed to decrease the incidence of crime and create safer streets. A local governmental agency may partner with a community-based nonprofit organization to submit a joint application to the department for a grant to pay for improvements designed to decrease the incidence of crime and create safer streets. Such improvements may include:
(a) Better lighting;
(b) Improved trash collection;
(c) Access control;
(d) Territorial reinforcement; and
(e) Improved space management.
(2) The department shall develop policies and procedures:
(a) For local governmental agencies to submit responses to the requests for proposals and grant applications to guide local governmental agencies in their applications for grants;
(b) Ensuring that money from the grant award is not used for:
(I) Hiring law enforcement or code enforcement personnel or peace officers;
(II) Facial recognition purposes; or
(III) Surveillance programs that utilize networks of sensors to detect gunshots, commonly referred to as a ShotSpotter program;
(c) Ensuring that money from the grant award enhances community safety both inside and outside of urban areas; and
(d) Related to how money is disbursed to agencies.
(3) All grant applications must address:
(a) The target area and crime challenge the applicant hopes to address;
(b) Data regarding the incidence of crime in the target area, disaggregated by the type of crime, and demographic data;
(c) The specific projects the grant would fund;
(d) Measurable or observable goals to decrease the incidence of crime, disaggregated by the type of crime;
(e) Details on how the applicant has collaborated with communities and other agencies in developing the improvements to be funded under the application; and
(f) Details on how the plan would prevent the displacement of homeless populations and harm to communities of color and vulnerable populations.
(4) Prior to submitting grant applications to the department, local government agencies shall solicit feedback and consult with impacted communities, including but not limited to area residents and business owners; homeowners' associations; registered neighborhood organizations; and experts in environmental design, including urban and transportation planning professionals and architects with relevant experience in environmental design.
(5) The executive director shall:
(a) Review responses to requests for proposals to identify areas around the state where crime is more prevalent, select local governmental agencies to receive money to identify such areas, and determine the amount of money for each agency;
(b) Develop and distribute guidelines that applicants must use to demonstrate:
(I) Sufficient consultation and collaboration with the relevant impacted community where a project would take place;
(II) Sufficient indication of community support for the projects included in the grant application; and
(III) A sufficient plan to prevent the displacement of homeless populations and harms to communities of color and other vulnerable populations.
(c) Appoint members of the crime prevention through safer streets advisory committee established pursuant to subsection (6) of this section; and
(d) Select grant recipients for the grant program and determine the amount of each grant after reviewing the recommendations of the committee and determining that each selected applicant has demonstrated:
(I) Sufficient consultation and collaboration with the relevant impacted community where a project would take place;
(II) Sufficient indication of community support for the projects included in the grant application; and
(III) A sufficient plan to prevent the displacement of homeless populations and harms to communities of color and other vulnerable populations.
(6) (a) There is created in the department the crime prevention through safer streets advisory committee, referred to in this section as the committee. The committee consists of the following eleven persons, who are appointed by the executive director:
(I) Two members of law enforcement;
(II) Two elected local officials, one from an urban community and one from a rural community;
(III) An expert in situational crime prevention;
(IV) Three persons from organizations representing community interests;
(V) An expert with a background in urban or transportation planning;
(VI) An architect with experience in crime prevention through environmental design; and
(VII) An expert in equity, diversity, and inclusivity in the law enforcement or public safety field.
(b) Members of the committee serve without compensation and without reimbursement for expenses.
(c) The committee shall review applications for grants for safer streets and make recommendations to the executive director for which grants to approve and the amount of each grant. In making its recommendations, the committee shall consider the applicant's:
(I) Plan to prevent:
(A) The displacement of homeless populations; and
(B) Harm to communities of color and vulnerable populations; and
(II) Measurable or observable goals to decrease the incidence of crime in accordance with subsection (3)(d) of this section.
(7) The general assembly shall appropriate ten million three hundred thousand dollars in fiscal year 2022-23 from the general fund for the grant program. Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation may be used by the department until fully expended without further appropriation and must not be used for any other purpose other than the purposes set forth in this section.
(8) (a) On or before August 31, 2023, and each August 31 thereafter through 2026, each local governmental agency that receives a grant shall provide a final report to the department describing how the grant money was utilized and what measurable or observable impacts the use of the grant money had on reducing crime disaggregated by the type of crime and demographic information. On or before October 1, 2023, and each October 1 thereafter through 2026, the department shall submit a summary of the reports to the judiciary committees of the house of representatives and senate, or to any successor committees.
(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (8) continues indefinitely.
(9) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-001), ch. 190, p. 1265, § 1, effective May 19. L. 2023: (7), (8), and (9) amended, (SB 23-277), ch. 443, p. 2591, § 1, effective June 7.
24-33.5-118. Department of public safety gifts, grants, and donations fund. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 33.5. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money not otherwise required to be credited to a specific program fund created in this article 33.5 to the department of public safety gifts, grants, and donations fund, which fund is hereby created and referred to in this section as the fund. the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the department may expend any money from the fund for the purposes of this article 33.5. Money received pursuant to this section is not subject to the provisions of part 13 of article 75 of this title 24.
Source: L. 2023: Entire section added, (HB 23-1053), ch. 16, p. 49, § 2, effective March 10.
24-33.5-119. Extreme risk protection order information hotline. (1) (a) The department shall, subject to available resources or within existing resources, establish a hotline to receive and refer calls from the public about extreme risk protection orders, and provide the callers with information about filing for an order and about other relevant resources. The department is not required to establish a dedicated phone number for the hotline and may instead use an existing phone number used by the department to receive and respond to public requests or inquiries. The hotline shall not provide legal advice or serve as an avenue for an individual to file a petition for a temporary extreme risk protection order or an extreme risk protection order.
(b) The hotline shall not advise a caller on the ramifications concerning the filing or false filing of a petition for a temporary extreme risk protection order or an extreme risk protection order. The hotline may refer a caller to the appropriate venue in which the petition may be filed for further information concerning such ramifications.
(2) The department shall collaborate with any other state agency to obtain the information necessary or beneficial for responding to the requests.
Source: L. 2023: Entire section added, (SB 23-170), ch. 124, p. 480, § 2, effective April 28.
24-33.5-120. Airspace deconfliction working group - search and rescue - repeal. (1) There is created in the department the airspace deconfliction working group, referred to in this section as the working group.
(2) On or before August 1, 2024, the executive director shall appoint the following members to the working group:
(a) Two members from the department;
(b) In coordination with a representative from the county sheriffs of Colorado, two county sheriffs with experience in conducting search and rescue operations; and
(c) In coordination with the adjutant general of the department of military and veterans affairs, created in section 24-1-127, two members of the department of military and veterans affairs.
(3) (a) The executive director shall call the first meeting of the working group.
(b) The working group shall meet as necessary to establish airspace deconfliction guidelines in accordance with subsection (4) of this section.
(4) (a) On or before January 1, 2025, the working group shall establish airspace deconfliction guidelines related to search and rescue operations.
(b) The working group shall ensure that the airspace deconfliction guidelines are applicable to all parties involved in aerial search and rescue operations.
(5) The department shall send notice to all relevant entities, as determined by the department, that airspace deconfliction guidelines have been established and publish the guidelines on the department's website.
(6) This section is repealed, effective January 1, 2026.
Source: L. 2024: Entire section added, (HB 24-1309), ch. 156, p. 697, § 3, effective May 3.
Cross references: For the legislative declaration in HB 24-1309, see section 1 of chapter 156, Session Laws of Colorado 2024.
24-33.5-121. Alternative response programs, co-responder programs, mobile crisis response programs - data collection - legislative declaration. (1) (a) The general assembly finds that some Colorado communities utilize unique resources and model programs when responding to a behavioral health crisis, including co-responder programs, alternative response programs, and mobile crisis response programs. However, there is no repository of information about, nor a general understanding of, why the different resources and model programs work in each community.
(b) Therefore, the general assembly declares that in order to encourage and assist other Colorado communities to develop resources and a model program specific to the community's needs, the department of public safety and the behavioral health administration shall consult with stakeholders to identify existing resources and model programs, compile the information, and make the information publicly available.
(2) (a) No later than June 30, 2026, the department, in collaboration with the behavioral health administration in the department of human services, shall consult with stakeholders to identify:
(I) Existing resources and model programs that communities throughout Colorado utilize when responding to behavioral health crises, including, but not limited to, co-responder programs, alternative response programs, and mobile crisis response programs; and
(II) The reimbursement shortages and gaps within the continuum of care for behavioral health crisis response, and reimbursement and funding options that are available at the state and federal level to address the shortages and gaps, including funding for treatment in place identified by stakeholders.
(b) At a minimum, the stakeholders consulted with pursuant to subsection (2)(a) of this section must include representatives from communities that have existing resources and programs; comprehensive community behavioral health providers; essential behavioral health safety net providers that furnish crisis services; representatives from local programs relevant to the community, such as family resource centers, domestic violence programs, substance use treatment providers, and independent clinicians or qualified unlicensed independent providers; representatives certified in pediatric health care; representatives from agencies providing law enforcement and fire protection; representatives from an organization representing emergency medical services, emergency response services, or the state emergency medical and trauma services advisory council created in section 25-3.5-104; and any other representatives the department and behavioral health administration determine are necessary.
(3) (a) After consulting with the stakeholders pursuant to subsection (2)(a) of this section, but no later than June 30, 2026, the department shall compile a list of existing resources and model programs, and report reimbursement shortages and gaps identified by the stakeholders and develop recommendations for addressing the shortages and gaps. The department and the behavioral health administration shall make the resources, model programs, and recommendations publicly available on the department's website.
(b) (I) In its 2027 annual report to the committees of reference made pursuant to section 2-7-203, the department shall provide a report on the information compiled and the analysis and recommendations developed pursuant to subsection (3)(a) of this section.
(II) The department shall submit the report developed pursuant to subsection (3)(b)(I) of this section to any impacted state agency.
(c) The department and the BHA shall continually update the resources and model programs compiled pursuant to subsection (3)(a) of this section, as the department determines is necessary.
Source: L. 2025: Entire section added, (SB 25-042), ch. 28, p. 157, § 1, effective August 6.
24-33.5-122. Peace officer training and support fund - peace officer training and support distribution - first responder death benefit administration - death benefit fund - rules - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Child means a first responder's adopted child, stepchild, or biological child and includes a biological child born after the eligible first responder's death.
(b) Firefighter has the same meaning as set forth in section 29-5-501 (2).
(c) First responder means a peace officer, firefighter, or emergency medical service provider.
(d) Fulfillment year means the state fiscal year during which the state treasurer has transferred a total of three hundred fifty million dollars to the fund pursuant to subsection (2)(b) of this section.
(e) Fund means the peace officer training and support fund established in subsection (2) of this section.
(f) Law enforcement agency means a county sheriff's office, a municipal police department, a town marshal's office, or a municipal court.
(g) Occupational disease means, but is not limited to, cancers, respiratory illnesses, cardiovascular conditions, and other diseases or conditions that are reasonably determined to have arisen from exposure to hazardous substances, extreme physical exertion, or traumatic events while serving as a first responder.
(h) Parent means a first responder's biological parent or adoptive parent.
(i) Peace officer means a certified peace officer described in section 16-2.5-102 and a noncertified deputy sheriff or detention officer as described in section 16-2.5-103 (2).
(j) (I) Permissible purpose means the initial and continuing education and training for peace officers and the compensation of peace officers.
(II) As used in this subsection (1)(j), compensation means pay to a newly hired, current, or rehired peace officer, reimbursement to a peace officer for tuition paid to attend a training academy, and bonuses paid to peace officers for hiring, rehiring, merit, or retention.
(k) Spouse means an individual to whom an eligible first responder is married or with whom an eligible first responder has established a civil union.
(l) Training academy has the same meaning as set forth in section 24-31-304 (1).
(2) Peace officer training and support fund. (a) The peace officer training and support fund is created in the state treasury. The fund consists of gifts, grants, donations, money credited to the fund pursuant to this section, and any other money that the general assembly may appropriate or transfer to the fund.
(b) (I) (A) On July 1, 2026, the state treasurer shall transfer fifteen million dollars from the general fund to the fund.
(B) In state fiscal year 2026-27, the general assembly may appropriate twenty million dollars from the general fund to the fund.
(II) On July 1, 2027, and each July 1 thereafter through July 1 of the fulfillment year, the state treasurer shall transfer an amount equal to the greater of fifteen million dollars or the adjusted investment amount from the general fund to the fund.
(III) As used in this subsection (2)(b), unless the context otherwise requires:
(A) Adjusted investment amount means, for any year, the reported reduction in that year minus the backfill amount and plus the payback amount.
(B) Backfill amount means the cumulative difference between the reported reduction and fifteen million dollars in every previous year in which the reported reduction was less than fifteen million dollars.
(C) Reported reduction means, for any year, the amount of the reduction in the warrant issued pursuant to section 24-51-414 (1) reported to the state treasurer by the office of state planning and budgeting pursuant to section 24-51-414 (8.5)(a)(II).
(D) Payback amount means the cumulative difference between the reported reduction and the amount that the state treasurer transferred from the general fund to the fund in every previous year in which the reported reduction was greater than fifteen million dollars.
(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.
(d) Money in the fund is continuously appropriated to the department for the department to distribute in accordance with subsection (3)(b) of this section; and for state fiscal years commencing on or after July 1, 2026, the general assembly may annually appropriate no more than two and one-half percent of the amount that the state treasurer transfers to the fund in that same fiscal year pursuant to subsection (2)(b) of this section to the department for the direct and indirect costs of administering subsection (3) of this section.
(3) Peace officer training and support distribution. (a) Law enforcement agency certification. On or before December 15, 2026, and each December 15 thereafter through the fulfillment year, a law enforcement agency may submit a certification to the department in a form and manner determined by the department. The certification shall include:
(I) The number of peace officers that the relevant local government has budgeted for the law enforcement agency in the upcoming year;
(II) The total dollar amount that the relevant local government budgeted for the law enforcement agency to expend for a permissible purpose;
(III) A resolution or ordinance adopted by the relevant local government that the local government will only expend money awarded by the department from the fund in accordance with the requirements of subsection (3)(c) of this section; and
(IV) If the law enforcement agency is a sheriff's office, a certification by the law enforcement agency that it will only expend money awarded by the department from the fund in accordance with the requirements of subsection (3)(c) of this section.
(b) Distribution formula. (I) No later than December 31, 2026, and each December 31 thereafter through the fulfillment year, the department shall annually disburse from the fund to each eligible law enforcement agency an amount equal to the base amount plus the total of the number of peace officers that the law enforcement agency identified for that year pursuant to subsection (3)(a)(I) of this section multiplied by the peace officer adjustment.
(II) As used in this subsection (3)(b), unless the context otherwise requires:
(A) Base amount means fifteen thousand dollars.
(B) Eligible law enforcement agency means, for any year, a law enforcement agency that submits a certification to the department in that year pursuant to subsection (3)(a) of this section.
(C) Peace officer adjustment means, for any year, an amount equal to the amount that the state treasurer transferred to the fund in that year pursuant to subsection (2)(b) of this section, minus the amount annually appropriated by the general assembly pursuant to subsection (2)(d) of this section for the department's direct and indirect costs of administering this subsection (3) for the fiscal year that commences in that year, minus the base amount multiplied by the number of eligible law enforcement agencies that year, divided by the total number of peace officers that eligible law enforcement agencies identified pursuant to subsection (3)(a) of this section that year.
(c) Supplanting and supplementing. (I) (A) A law enforcement agency shall only spend, and a local government shall only budget for a law enforcement agency to spend, any money received pursuant to this subsection (3) for a permissible purpose; and
(B) A law enforcement agency shall spend, and a local government shall budget for a law enforcement agency to spend, the money that the law enforcement agency receives pursuant to this subsection (3) to increase funding that would, in the absence of money from the fund, be made available from other state or local sources. A law enforcement agency shall not spend, and a local government shall not budget for a law enforcement agency to spend, money that the law enforcement agency receives pursuant to this subsection (3) to supplant other money that would, in the absence of the money received pursuant to this subsection (3), be made available from other state and local sources for a permissible purpose.
(II) A law enforcement agency or a local government is presumed to have violated subsection (3)(c)(I)(B) of this section if the law enforcement agency or local government reduces or replaces the budgeting with or expenditure of federal, local, or state money in the immediately preceding year used for a permissible purpose with money received pursuant to this subsection (3) because the local government already budgeted for or the law enforcement agency already expected or received money pursuant to this subsection (3); and
(III) A law enforcement agency or local government rebuts a presumption established pursuant to subsection (3)(c)(II) of this section if the law enforcement agency or local government establishes by contemporaneous records that:
(A) The law enforcement agency or local government reduced or eliminated expenditures for multiple purposes other than for a permissible purpose;
(B) There was a reduction in federal, local, or state money paid to the law enforcement agency or local government for a permissible purpose; and
(C) The law enforcement agency or local government reduced or eliminated permissible purpose expenditures without taking into consideration the receipt or expected receipt of money pursuant to this subsection (3).
(IV) The department may enforce the requirements of this subsection (3) through the review of audits pursuant to section 29-1-603 (6)(b) and may take corrective action by working with a law enforcement agency to ensure compliance with this subsection (3).
(4) First responder death benefit administration. (a) (I) If the executive director determines that a first responder has died on or after November 5, 2024, as the direct and proximate result of a personal injury sustained while performing their official duties or because of an occupational disease arising out of and in the course of their employment or service as a first responder, the department shall pay a benefit of one million dollars from the death benefit fund created in subsection (4)(e)(I) of this section as follows, if the indicated payee is living on the date on which the executive director makes the determination described in this subsection (4)(a)(I):
(A) If there is no child who survived the first responder, to the surviving spouse of the first responder;
(B) If there is at least one child who survived the first responder and a surviving spouse of the first responder, fifty percent to the surviving child or children, in equal shares, and fifty percent to the surviving spouse;
(C) If there is no surviving spouse of the first responder, to the surviving child or children, in equal shares;
(D) If there is no surviving spouse of the first responder and no surviving child, to the surviving individual or individuals designated by the first responder in the most recently executed designation of beneficiary on file at the time of death with the governing body or state agency, apportioned in accordance with the designation of beneficiary or, if apportionment is not indicated, in equal shares;
(E) If there is no surviving spouse of the first responder, no surviving child of the eligible first responder, and no individual qualifying under subsection (4)(a)(I)(D) of this section, to the surviving beneficiaries under the most recently executed life insurance policy of the first responder on file at the time of death with the governing body or state agency, apportioned in accordance with the insurance policy or, if apportionment is not indicated, in equal shares; or
(F) If there is no individual qualifying under subsections (4)(a)(I)(A) to (4)(a)(I)(E) of this section, to the surviving parent or parents, in equal shares, of the first responder; and
(II) If the executive director is unable to identify an individual described by subsections (4)(a)(I)(A) to (4)(a)(I)(F) of this section for a first responder, then no payment is made pursuant to this section for that first responder.
(b) If the executive director determines that a first responder has died on or after November 5, 2024, as the direct and proximate result of a personal injury sustained while performing their official duties or because of an occupational disease arising out of and in the course of their employment or service as a first responder, if that first responder has died after separation from service as a first responder, while on an authorized leave of absence as a first responder, or while performing qualified military service, as defined in 26 U.S.C. sec. 414 (u)(5), the department shall pay a benefit to a payee in connection with that first responder in accordance with subsection (4)(a) of this section.
(c) A payment under this section shall not be used to offset or reduce payments available from any other source, including a public disability plan or insurance plan, private disability plan or insurance plan, or benefits provided under Colorado's workers' compensation law.
(d) (I) The executive director shall determine whether a first responder whose death results in a payment pursuant to this subsection (4) qualifies for line-of-duty status under section 101 (h) of the federal Internal Revenue Code of 1986 and whether any of the exceptions specified in section 101 (h)(2) of the federal Internal Revenue Code of 1986 are applicable and shall inform the taxpayer who receives the payment and the department of revenue of the executive director's decision.
(II) A taxpayer who receives a payment pursuant to this subsection (4) that does not qualify for the federal income tax exemption described in section 101 (h) of the federal Internal Revenue Code of 1986, including a payment that does not qualify as a result of the exceptions described in section 101 (h)(2) of the federal Internal Revenue Code of 1986, shall, pursuant to section 39-22-104 (4)(ee), subtract the amount of the payment from the taxpayer's federal taxable income. The executive director shall provide the taxpayer and the department of revenue any information deemed necessary by the department of revenue for this tax subtraction.
(e) (I) The death benefit fund is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund and any other money that the general assembly may appropriate or transfer to the fund.
(II) In accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the death benefit fund to the general fund.
(III) (A) Money in the fund is annually appropriated to the department for paying benefits pursuant to this subsection (4) and for the direct and indirect costs of administering this subsection (4).
(B) The department may expend no more than two percent of the money that the general assembly annually appropriates to the death benefit fund for the direct and indirect costs of administering this subsection (4).
(IV) (A) On July 1, 2025, and July 1, 2026, the state treasurer shall transfer five million dollars from the general fund to the death benefit fund.
(B) On July 1, 2027, and each July 1 thereafter, if the balance of the death benefit fund is less than ten million dollars, on July 2 of that year, the state treasurer shall transfer an amount from the general fund to the death benefit fund equal to the difference between ten million dollars and the balance of the death benefit fund.
(5) Technical assistance. The department shall, subject to available appropriations, provide technical assistance to law enforcement agencies and local governments in complying with the requirements of this section and section 29-1-603.
(6) Rules. The executive director shall adopt rules that specify standards and establish procedures as necessary to determine whether section 101 (h) of the federal Internal Revenue Code of 1986, as amended, applies to a payment awarded pursuant to subsection (4) of this section and may adopt additional rules as necessary to implement this section.
Source: L. 2025: Entire section added, (SB 25-310), ch. 359, p. 1947, § 4, effective June 2.
PART 2
COLORADO STATE PATROL
Editor's note: Prior to the enactment of this article, the substantive provisions of this part 2 were contained in part 1 of article 5 of title 43.
24-33.5-201. Colorado state patrol created. (1) There is hereby created as a division of the department of public safety the Colorado state patrol, which division shall consist of a chief as its executive head and of such officers and employees as may be appointed under the provisions of this part 2. The policies and procedures of the Colorado state patrol shall be approved by the executive director.
(2) The Colorado state patrol and the office of the chief are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety and the executive director.
Source: L. 83: Entire article added, p. 920, § 1, effective July 1, 1984. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3427, § 211, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Chief means the executive and administrative head or chief of the Colorado state patrol.
(2) Civilian employee means any member of the Colorado state patrol who is not authorized to wear a uniform and has not been designated the authority to perform the duties as set forth in this part 2 for a uniformed member of the Colorado state patrol.
(3) Commissioned officer means any member of the Colorado state patrol with the rank of lieutenant to colonel.
(4) Member means any employee of the Colorado state patrol, whether a commissioned officer, noncommissioned officer, trooper, or civilian employee.
(5) Noncommissioned officer means any member of the Colorado state patrol with the rank of corporal to master sergeant.
(6) Officer means the chief and any commissioned or noncommissioned officer and trooper of the Colorado state patrol.
(7) Trooper means a uniformed member of the Colorado state patrol other than commissioned or noncommissioned officers.
Source: L. 83: Entire article added, p. 920, § 1, effective July 1, 1984. L. 2013: (4), (6), and (7) amended, (HB 13-1300), ch. 316, p. 1682, § 54, effective August 7.
24-33.5-203. Duties of executive director and patrol. (1) (a) The executive director has the power, authority, and responsibility to approve policies governing the activities of the Colorado state patrol so as to secure the proper and efficient enforcement of all laws of the state delegating enforcement, authority, and responsibility to the Colorado state patrol.
(b) Except as otherwise provided in section 40-10.1-108 (1), C.R.S., the executive director has the duty to establish, for motor carriers as defined in section 42-4-235, C.R.S., reasonable requirements to promote safety of operation and, to that end, to prescribe qualifications and maximum hours of service of employees and minimum standards of equipment and for the operation of commercial vehicles as defined in section 42-4-235, C.R.S. For the purpose of carrying out the provisions of this section pertaining to safety, the executive director may enlist the assistance of any agency of the United States or of this state having special knowledge of any matter as may be necessary to promote the safety of operation and equipment of motor vehicles as provided in this section. In adopting such rules, the executive director shall use as general guidelines the standards contained in the current rules of the United States department of transportation relating to explosives and other dangerous articles, safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, recording and reporting of accidents, hours of service of drivers, and inspection and maintenance of motor vehicles. The state patrol shall enforce or aid in enforcing all of such rules.
(2) The Colorado state patrol shall enforce or aid in enforcing all state laws pertaining to motor and all other vehicles, their equipment, weight, cargoes, and licenses, vehicle operators, and other operations including checking for brand inspection certificates or official bills of sale or acceptable trucking waybills on livestock or agricultural products upon the highways of Colorado and for the use thereof. The Colorado state patrol shall also aid in the enforcement of the collection of all motor and other vehicle taxes and license fees, motor fuel taxes, and highway compensation taxes (with respect to the transportation of persons and property over public highways) as provided by law and shall otherwise promote safety, protect human life, and preserve the highways of this state by the courteous and strict enforcement of laws of this state which relate to highways and traffic upon such highways, notwithstanding any provisions of law charging any other department or agency in the state with the enforcement of such laws. The Colorado state patrol shall also establish and operate port of entry weigh stations pursuant to article 8 of title 42, C.R.S. The Colorado state patrol shall also aid in the enforcement of other laws of this state as specifically authorized by the provisions of this part 2.
Source: L. 83: Entire article added, p. 921, § 1, effective July 1, 1984. L. 88: (2) amended, p. 919, § 1, effective April 14. L. 2003: (1)(b) amended, p. 2381, § 7, effective August 6. L. 2011: (1)(b) amended, (HB 11-1198), ch. 127, p. 417, § 8, effective August 10. L. 2012: (2) amended, (HB 12-1019), ch. 135, p. 464, § 4, effective July 1.
Cross references: For the duty of the chief of the Colorado state patrol to cooperate with the department of revenue and state officers and agencies regarding port of entry weigh stations, see § 42-8-108.
24-33.5-204. Departmental cooperation. (1) Nothing in this part 2 shall be construed as repealing any laws or depriving any department or agency of the state of its power and duty to enforce the laws, enforcement of which has been delegated to any such department or agency. The Colorado state patrol shall cooperate with all such departments of the state in enforcing such laws.
(2) In the event that any department regulating and controlling motor vehicles or the taxation thereof is aggrieved at any rules or regulations promulgated for the control of traffic or collection of taxes or any other rule or regulation governing vehicles or motor vehicles upon the highways of this state by the Colorado state patrol and desires to resist the same, such department, within five days of such promulgation, shall serve written notice upon the executive director for a hearing on the question, and the decision of the executive director shall be conclusive and binding on any department and all persons concerned.
Source: L. 83: Entire article added, p. 921, § 1, effective July 1, 1984.
24-33.5-205. Chief - appointment - qualifications. Pursuant to section 13 of article XII of the state constitution and state personnel system laws, the executive director shall appoint a chief. The chief shall be the executive head and senior administrative officer of the Colorado state patrol. He shall supervise and direct the administration and all activities of the Colorado state patrol. The chief shall set forth, with the approval of the executive director, rules and regulations governing all operating procedures of the Colorado state patrol and courtesies and customs for the good order of the service. He shall have been an officer of the Colorado state patrol for at least seven years immediately preceding his appointment, four years of which must have been served in an administrative capacity as a commissioned officer. The chief may designate an officer as acting chief to act in his stead at any time he is unable to perform his duties. He shall fulfill all requirements which are in effect at the time of his appointment, as are set forth in the job specification for the position by the state personnel director. He shall receive such compensation as is commensurate with the specific grade assigned his position by the state personnel director.
Source: L. 83: Entire article added, p. 921, § 1, effective July 1, 1984.
24-33.5-205.5. Rules - financial responsibility requirements - vehicles transporting hazardous materials. (Repealed)
Source: L. 86: Entire section added, p. 921, § 1, effective April 20. L. 89: Entire section repealed, p. 1640, § 6, effective July 1.
24-33.5-206. Personnel - appointment. Pursuant to section 13 of article XII of the state constitution and state personnel system laws, the chief shall appoint the necessary commissioned and noncommissioned officers in staff and command or supervisory positions and troopers to permit the Colorado state patrol to adequately and efficiently perform its duties and functions and such necessary civilian employees as are essential to conduct an efficient patrol administration twenty-four hours daily. All members of the Colorado state patrol shall be under the immediate direction and control of the chief, and shall perform such duties as are specifically assigned by the chief under the job specifications and regulations of the state personnel director, and shall receive such compensation as is commensurate with the specified grade assigned to the individual position by the state personnel director.
Source: L. 83: Entire article added, p. 922, § 1, effective July 1, 1984. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1682, § 55, effective August 7.
24-33.5-207. Personnel - qualifications - salary. (1) All commissioned and noncommissioned officers and troopers of the Colorado state patrol, before promotion, shall be required to serve the designated period of time in each grade as provided in this section. A trooper shall serve a period of three years as such before the trooper is eligible to compete in the examination for promotion to a noncommissioned officer's rank. All commissioned and noncommissioned officers shall serve a period of one year in a grade before they are eligible to compete in promotional examinations. All commissioned and noncommissioned officers and troopers shall fulfill all requirements as set forth in the job specifications for their particular positions by the state personnel director.
(2) In addition to the compensation provided by section 24-33.5-206 and by the provisions of other laws concerning the state personnel system and because of the number of hours and the extraordinary service performed by members of the Colorado state patrol, each member of such patrol and each member of the administrative staff of such patrol shall be reimbursed for maintenance and ordinary expenses incurred in the performance of his or her duties in an amount to be determined by the executive director, but the amount so authorized for any such member of the patrol or staff shall not exceed the sum of one hundred dollars per month.
Source: L. 83: Entire article added, p. 922, § 1, effective July 1, 1984. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1683, § 56, effective August 7.
24-33.5-208. Bonds - exception. (1) Except as provided in subsection (2) of this section, the members of the Colorado state patrol shall be required to give bond to the state in the amount indicated in this section, to be approved and paid for by the state. The bonds shall be issued by a surety company authorized to do business in the state in the following amounts:
(a) Chief, fifty thousand dollars;
(b) All commissioned officers, thirty thousand dollars;
(c) All noncommissioned officers, ten thousand dollars;
(d) All troopers, five thousand dollars.
(2) A member of the Colorado state patrol is not required to give the bond otherwise required by subsection (1) of this section if the Colorado state patrol is self-insured through the Colorado state office of risk management and is eligible to be compensated pursuant to section 24-30-1510.5 (5)(g).
Source: L. 83: Entire article added, p. 922, § 1, effective July 1, 1984. L. 2013: (1)(d) amended, (HB 13-1300), ch. 316, p. 1683, § 57, effective August 7. L. 2025: IP(1) amended and (2) added, (SB 25-036), ch. 416, p. 2360, § 1, effective August 6.
24-33.5-209. Trooper - age qualifications. Each trooper appointed according to the provisions of this part 2, at the time of his or her appointment, shall be at least twenty-one years of age.
Source: L. 83: Entire article added, p. 923, § 1, effective July 1, 1984. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1683, § 58, effective August 7.
24-33.5-210. General qualifications of members of patrol. Each member of the Colorado state patrol shall be of good moral character and shall possess and maintain such physical and educational requirements and qualifications as are specified by the state personnel director after consultation with the chief and the executive director.
Source: L. 83: Entire article added, p. 923, § 1, effective July 1, 1984.
24-33.5-211. Divisions - publications. (1) The chief may establish such divisions as are necessary for adequate patrolling of the highways of this state. He shall place in the field such members of the Colorado state patrol as are necessary to carry out the activities and operations of the Colorado state patrol.
(1.5) The chief shall establish a division to address human smuggling and human trafficking on the highways of this state. For the fiscal year beginning July 1, 2006, this division shall include twelve full-time employees, and, for the fiscal year beginning July 1, 2007, this division shall include twenty-four full-time employees. The chief shall appoint these employees as well as any additional employees to the division.
(2) The chief may establish, staff, and maintain a division of safety and education to cooperate with the various schools, civic organizations, and other bodies interested in the teaching and promotion of safety upon the streets and highways of this state, to distribute safety information, tabulations, and data to the officers of the Colorado state patrol, as well as to other interested persons and organizations, to furnish speakers, data, and programs for safety meetings, and to cooperate in the organization and functioning of all highway safety organizations within the state. The chief is authorized to obtain motion picture projectors, safety film, and other material essential to the promotion of a safety education program in this state.
(3) The chief may establish a school for the training and education of the members of the Colorado state patrol. Attendance at such school may include officers of other police agencies and departments of the state if attendance is deemed beneficial to the interests of the general law enforcement program of this state.
(4) Repealed.
(5) Any publications of the Colorado state patrol circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
Source: L. 83: Entire article added, p. 923, § 1, effective July 1, 1984. L. 84: (4) and (5) amended, p. 678, § 4, effective July 1. L. 96: (4) repealed, p. 1265, § 179, effective August 7. L. 2006: (1.5) added, p. 1709, § 1, effective June 6.
Cross references: For the legislative declaration contained in the 1996 act repealing subsection (4), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-33.5-212. Powers and duties of officers. (1) All officers of the Colorado state patrol have all the powers of any peace officer to:
(a) (I) Make arrest upon view and with or without warrant for any violation of any law of this state regulating the operation of vehicles and use of the highways or concerning motor vehicle registration; motor fuel tax laws; public utility laws, rules, and regulations, insofar as they pertain to motor carriers as defined in section 42-4-235, C.R.S.; the inspection laws of this state; and any criminal law of this state if, during an officer's exercise of powers or performance of duties under this section, probable cause is established that a violation of said criminal law has occurred;
(II) Enforce the automobile theft law, article 5 of title 42, C.R.S.;
(III) Inspect, examine, investigate, impound, or hold any vehicle for violation of said laws of this state;
(b) Require the operator of any vehicle to stop and, upon demand, exhibit his driver's license and registration card issued for such vehicle and submit to a complete inspection of such vehicle and the equipment, interior, cargo, license plates, and any other paper or document required by law to be in his possession or to an inspection and test of the equipment of such vehicle when there is reasonable cause to believe that the vehicle is being operated in violation of any law of this state regulating the operation of vehicles or use of the highways or any other law mentioned in this part 2;
(c) Inspect any vehicle of a type required to be registered or licensed under a provision of law in any public place where such vehicles are held for sale or wrecking for the purpose of locating stolen vehicles, or parts thereof, and investigate the title and registration thereof;
(d) Serve all warrants, notices, summonses, or other processes relating to the enforcement of laws regulating the operation of the vehicles or the use of the highways and serve distraint warrants issued by the public utilities commission or department of revenue of the state of Colorado;
(e) Investigate traffic accidents and make reports thereof to the chief and make such reports to the department of transportation and department of revenue as these departments may require, but the reports required to be made to the chief in this paragraph (e) shall not be public records and shall be for the confidential use of the Colorado state patrol;
(f) Direct, control, and regulate all traffic at any intersection or any portion of streets or highways or elsewhere in this state when it is deemed necessary in the interest of public safety and for the safe and speedy movement of persons and property;
(g) Investigate reported thefts of vehicles, motor vehicles, trailers, and semitrailers and take and hold any stolen vehicles or parts thereof discovered in any such investigation;
(h) Stop any truck, automobile, or other vehicle found carrying or suspected of carrying any kind of livestock or poultry or the carcasses thereof or any hides of cattle for the purpose of examining and checking said load for permits, written statements, or livestock inspectors' certificates and make arrest for any violation of the law in this state relating to livestock theft and the transportation thereof. At the request of the state board of stock inspection commissioners, the Colorado state patrol shall cooperate with said board in the enforcement of any law within the jurisdiction of said state board of stock inspection commissioners or any rule or regulation issued by said board.
(i) Enforce all of the laws of this state with respect to grounds and buildings owned by the state or any agency or institution thereof. Such enforcement shall not supersede the jurisdiction of the sheriff or other peace officers of the county, city, or city and county within which such enforcement may be required but shall be in addition thereto. In any such activity, officers have and are hereby granted all powers of sheriffs and other peace officers.
(2) The powers specified in subsection (1) of this section are vested in the chief and every officer of the Colorado state patrol, and it is their primary duty to promote safety, protect human life, and preserve the highways of this state by the courteous and strict enforcement of the laws and regulations of this state relating to highways and the traffic on such highways and all other laws of this state concerning inspection, registration, and regulation of all vehicles and the cargoes transported therein and to assist other state departments in the collection of motor vehicle license fees and taxes, motor fuel taxes, and highway compensation taxes.
(3) The chief and all the officers appointed under the provisions of this part 2, subject to the exceptions stated in this subsection (3), shall not be used at any time, nor under any circumstances, by any authority of the state in any manner in the enforcement of any law other than that specifically provided in this part 2 or as may be otherwise specifically provided in any other law of this state; except that they are empowered to assist or aid any sheriff or other peace officer in the performance of his duties upon his request or the request of other local officials having jurisdiction, and, on such occasions while so acting, they have the powers of any sheriff or other peace officer. Furthermore, they shall not be deputized as deputy sheriffs or as other peace officers by any local or state authority, nor shall they be permitted to serve or act on strike duty, lockouts, or other labor disputes.
(4) The highway users tax fund, created in section 43-4-201, C.R.S., shall be reimbursed out of the general fund or the governor's contingency fund or from any other appropriation for the purpose for all expenses of the Colorado state patrol incurred pursuant to paragraph (i) of subsection (1) and subsection (3) of this section.
Source: L. 83: Entire article added, p. 923, § 1, effective July 1, 1984. L. 88: (1)(a)(I), (1)(i), and (3) amended, p. 919, § 2, effective July 1. L. 91: (1)(e) amended, p. 1060, § 20, effective July 1. L. 2011: (1)(a)(I) amended, (HB 11-1198), ch. 127, p. 418, § 9, effective August 10.
24-33.5-213. Release of impounded vehicles - penalty. (Repealed)
Source: L. 83: Entire article added, p. 925, § 1, effective July 1, 1984. L. 94: Entire section repealed, p. 2541, § 5, effective January 1, 1995.
24-33.5-213.5. Impounded vehicles - notice - hearing. (Repealed)
Source: L. 86: Entire section added, p. 923, § 1, effective April 3; (5) amended, p. 1226, § 50, effective May 30. L. 88: (2)(e) R&RE, (2)(f), (2)(g), and (2.5) added, and (3) and (5) amended, pp. 1405, 1406, §§ 1-4, effective March 18. L. 94: Entire section repealed, p. 2541, § 5, effective January 1, 1995.
24-33.5-214. Complaints against officers. All complaints against officers or other employees of the Colorado state patrol shall be investigated, and, at the discretion of the chief, the complaint shall be in writing and bear the signature and verification of the person making such complaint. In the event that the chief determines that said complaint has sufficient merit, he shall institute corrective or disciplinary action as prescribed by the state personnel rules.
Source: L. 83: Entire article added, p. 925, § 1, effective July 1, 1984.
24-33.5-215. Political activity prohibited. No officer or other employee of the Colorado state patrol, while so employed, shall take part in promoting the candidacy of any candidate for any public office within this state, but nothing in this section shall be construed as denying any citizen the right to cast his individual vote.
Source: L. 83: Entire article added, p. 925, § 1, effective July 1, 1984.
Cross references: For prohibited political activities of employees in the state personnel system, see § 24-50-132.
24-33.5-216. Patrol services furnished to governor and lieutenant governor. The chief shall provide a motor vehicle and driver for the use of the governor of the state during his term of office. The chief shall also assign officers to protect the governor and his immediate family. Officers assigned to this duty shall be selected by the chief with the approval of the governor. The chief shall also provide a motor vehicle for the lieutenant governor and, at the discretion of the governor, may assign an officer to provide protection for the lieutenant governor in the performance of the duties of such office. The chief shall also make available an officer to protect any governor-elect.
Source: L. 83: Entire article added, p. 926, § 1, effective July 1, 1984.
24-33.5-216.5. Patrol services furnished to the general assembly - judges and justices - definition. (1) (a) The Colorado state patrol shall provide protection for the members of the general assembly when they are present in the state capitol buildings group and shall respond to all complaints relating to criminal activity against or security threats or risks to a member of the general assembly. As used in this subsection (1), state capitol buildings group has the same meaning as set forth in section 24-82-105 (1)(a).
(b) The Colorado state patrol shall provide protection to Colorado judges and justices when they are present in the state capitol buildings group.
(2) The Colorado state patrol shall provide law enforcement services for the buildings, grounds, and other facilities in which the general assembly designates and assigns space in accordance with section 2-2-321, C.R.S. The state patrol shall coordinate such law enforcement efforts, when appropriate, with local law enforcement agencies and with the security officers of each house of the general assembly appointed in accordance with section 2-2-402, C.R.S.
(3) (a) In addition to the requirements of subsections (1) and (2) of this section, the Colorado state patrol may render other protection and security services as may be requested by the president of the senate, the minority leader of the senate, the speaker of the house of representatives, or the minority leader of the house of representatives on behalf of any member of the general assembly.
(b) The Colorado state patrol may provide protection and security services as described in subsection (3)(a) of this section for any function held in Colorado at which a member of the general assembly is in attendance in an official capacity with appropriate coordination with local law enforcement. Factors to be considered when determining the need for providing these services include, but are not limited to, the location of the function, the estimated level of threat or risk associated with the function, and staffing requirements.
(c) In addition to the protection and security services provided pursuant to subsections (3)(a) and (3)(b) of this section, the Colorado state patrol may provide other protection and security services to a member of the general assembly as requested by the executive committee of the legislative council and as deemed necessary by the chief of the Colorado state patrol.
(4) The executive committee of the legislative council shall establish a process by which a member of the general assembly may request protection from the Colorado state patrol pursuant to subsection (3) of this section.
(5) The Colorado state patrol shall ensure that members of the general assembly are aware of the protection and security services that may be requested from the Colorado state patrol pursuant to this section.
Source: L. 2015: Entire section added, (SB 15-220), ch. 281, p. 1151, § 1, effective June 5. L. 2022: (1) and (3) amended and (4) and (5) added, (SB 22-133), ch. 465, p. 3306, § 1, effective June 8. L. 2024: (1) amended, (SB 24-187), ch. 304, p. 2065, § 4, effective May 31.
Cross references: For the legislative declaration in SB 24-187, see section 1 of chapter 304, Session Laws of Colorado 2024.
24-33.5-216.7. Patrol services furnished to statewide constitutional officers - definition. (1) As used in this section, unless the context otherwise requires, statewide constitutional officer means the secretary of state, the attorney general, and the state treasurer.
(2) The Colorado state patrol shall provide protection to each statewide constitutional officer if such protection is requested by the statewide constitutional officer.
(3) The Colorado state patrol shall designate state patrol officers to be available to provide protection services pursuant to subsection (2) of this section. The chief of the Colorado state patrol shall determine the priority in assigning state patrol officers among each statewide constitutional officer. Factors to be considered when determining the need and priority for providing protection services include, but are not limited to, the location of the function, the estimated level of threat or risk associated with the function, and staffing requirements. If each statewide constitutional officer requests protection services in excess of eighty personnel hours a week for each individual, priority will be given first to protect against credible threats, then at a function at which the statewide constitutional officer is in attendance in an official capacity, and finally against generalized threats.
(4) Nothing in this section is intended to provide around-the-clock protection for a statewide constitutional officer unless there is a credible threat as determined in the discretion of the chief of the Colorado state patrol.
(5) Nothing in this section prohibits a statewide constitutional officer from obtaining additional protection, which must be done in coordination with the Colorado state patrol.
Source: L. 2022: Entire section added, (SB 22-133), ch. 465, p. 3307, § 2, effective June 8.
24-33.5-217. Books, supplies, and equipment. The chief shall purchase and procure all necessary books, supplies, equipment, uniforms, badges, and stationery and shall incur such other expenses as may be actually necessary to carry out the provisions of this part 2; and such expenses shall be paid for in the same manner as other expenses authorized by this part 2.
Source: L. 83: Entire article added, p. 926, § 1, effective July 1, 1984.
24-33.5-218. Patrol has access to files. The Colorado state patrol shall have access to all motor vehicle files at all times for the purpose of enforcing the provisions of this part 2 and shall assist the department of revenue whenever necessary and by whatever means is required on all investigations and inspections of foreign titles to cars that are to be sold or licensed within the state whenever the persons do not have the proper bills of sale, titles, or proof of ownership.
Source: L. 83: Entire article added, p. 926, § 1, effective July 1, 1984. L. 2000: Entire section amended, p. 1636, § 10, effective June 1.
24-33.5-219. Badges - uniforms - unauthorized use. (1) The chief shall issue to each officer of the Colorado state patrol a badge of authority with the seal of the state in the center thereof and the words Colorado State Patrol encircling said seal and, below, the designation of the position held by the officer to whom issued. Such badge shall be serially numbered, or each member shall otherwise display a distinctive serial number.
(2) All officers of the Colorado state patrol, when on duty, shall be dressed in full distinctive uniform and display the official badge of their office except when they are authorized by the chief to work in plain clothes. Neither the chief nor any other person shall issue a badge or like uniform to any person who is not a duly authorized, classified, and regularly paid officer of the Colorado state patrol. Any person who, without authority, wears the badge of a member of the Colorado state patrol or in any manner attempts to duplicate the official uniform or equipment with the intent of representing himself or herself as a member of the Colorado state patrol commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Source: L. 83: Entire article added, p. 926, § 1, effective July 1, 1984. L. 2002: (2) amended, p. 1533, § 249, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3227, § 419, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
24-33.5-220. Costs of administration. Except as otherwise provided in section 24-33.5-226 (3)(c), the cost of administration of this part 2 and of all payrolls and salaries of the chief, commissioned and noncommissioned officers, troopers, and office personnel and the cost of clerical work, stationery, postage, uniforms, badges, all supplies and equipment, and necessary travel and subsistence allowances shall be appropriated by the general assembly out of the moneys in the highway users tax fund. The expenses and salaries provided for in this section are declared to be for the administration and enforcement of the several statutes referred to in this part 2 and for the construction, maintenance, and supervision of the public highways. Expenses and salaries shall be paid by the state treasurer upon warrants of the controller issued upon vouchers provided by the chief and shall be charged against net collection of highway users taxes as an expense of construction, maintenance, and supervision of public highways and the administration of the laws of the state governing the public highways and their use. The expenditures of the Colorado state patrol shall be audited and approved from time to time by the executive director and the state auditor.
Source: L. 83: Entire article added, p. 926, § 1, effective July 1, 1984. L. 85: Entire section amended, p. 822, § 2, effective June 6. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1683, § 59, effective August 7.
24-33.5-221. Provisional appointments - veterans' rights. Any members, at any time, holding provisional appointments in the Colorado state patrol who were, at the time of their appointment, within the age limits fixed by this part 2 or by the law in effect at the time of their appointment shall be construed to be in compliance with the age limitations of this part 2. Members who left the Colorado state patrol to go directly into the armed services or merchant marine of the United States shall not be deprived of holding their positions or of taking any future state personnel system examinations, if such members are and have remained in continuous service with the Colorado state patrol and met all age requirements upon entering the Colorado state patrol, said continuous service to include military service. All time accrued by members of the patrol while in the armed services, when on military leave from the patrol, shall be deemed as continuous service in the Colorado state patrol; and members shall be entitled to all service benefits which would have accrued to them had they remained in continuous service with the Colorado state patrol.
Source: L. 83: Entire article added, p. 927, § 1, effective July 1, 1984.
24-33.5-222. Officers incapacitated. In the event that any officer of the Colorado state patrol becomes incapacitated, by reason of service on the Colorado state patrol, to the extent that he is unable to perform the usual duties of an officer of the Colorado state patrol, he may be transferred, at the discretion of the chief, to duty in any of the offices of the Colorado state patrol in whatever capacity the chief may deem advisable. Any officer who is transferred to office duty, as set out in this section, shall not be deprived of any benefits as to pay because of such transfer or partial disability. A vacancy in the ranks of officers on Colorado state patrol duty caused by such transfer shall be filled in the usual manner, although such appointment would otherwise be in excess of the statutory limitations.
Source: L. 83: Entire article added, p. 927, § 1, effective July 1, 1984.
24-33.5-223. State telecommunications network. (Repealed)
Source: L. 83: Entire article added, p. 927, § 1, effective July 1, 1984. L. 84: Entire section R&RE, p. 678, § 5, effective March 29. L. 2000: (1) and (2) amended, p. 759, § 1, effective May 23. L. 2008: (2)(b)(II) amended, p. 1129, § 12, effective May 22. L. 2009: (2)(b)(II)(B) amended, (SB 09-292), ch. 369, p. 1987, § 136, effective August 5. L. 2018: Entire section repealed, (HB 18-1373), ch. 390, p. 2341, § 5, effective August 8.
Editor's note: This section was relocated to §§ 24-37.5-501, 24-37.5-502, and 24-37.5-505 in 2018.
Cross references: (1) For provisions concerning telecommunications coordination within state government, see part 5 of article 37.5 of this title; for the establishment by the Colorado bureau of investigation of statewide telecommunications programs, see § 24-33.5-412 (2); for the emergency medical services telecommunications subsystem, see part 4 of article 3.5 of title 25.
(2) For the legislative declaration in HB 18-1373, see section 1 of chapter 390, Session Laws of Colorado 2018.
24-33.5-224. Duties during state fair at Pueblo. (1) In addition to the duties and powers of officers of the Colorado state patrol enumerated in this part 2, such officers are granted all powers of sheriffs and other peace officers with respect to the enforcement of all of the laws of this state during and in connection with the Colorado state fair and industrial exposition held annually at Pueblo, Colorado, but such powers shall be exercised only within the grounds and buildings utilized for fair purposes and at the request of the board of commissioners of the Colorado state fair authority.
(2) The powers and jurisdiction granted officers of the Colorado state patrol under the provisions of subsection (1) of this section shall not supersede the jurisdiction of the sheriff or other peace officers of the county or city within which such activity takes place but shall be in addition thereto; and such powers and jurisdiction so granted shall commence not more than ten days in advance of said events and continue until not more than ten days after the conclusion thereof as may be determined necessary by the executive director.
(3) The highway users tax fund shall be reimbursed by the board of commissioners of the Colorado state fair authority, within the amount appropriated by the general assembly for this purpose, and such reimbursement is authorized, as an administrative expense of said board, for any expenditures incurred from such fund resulting from the activities of the Colorado state patrol under subsection (1) of this section, such reimbursement to be made immediately following the termination of the service performed by the Colorado state patrol.
Source: L. 83: Entire article added, p. 928, § 1, effective July 1, 1984. L. 84: (1) and (3) amended, p. 679, § 6, effective July 1.
Cross references: For establishment of the Colorado state fair and industrial exposition, see § 35-65-105.
24-33.5-225. Receipt of proceeds from forfeited property. The division of the Colorado state patrol is authorized to accept, receive, and expend proceeds allocated to the division after sale of forfeited property pursuant to part 5 of article 13 of title 16, C.R.S., and such funds shall be in addition to the moneys appropriated to the division by the general assembly. The executive director shall submit an annual report to the joint budget committee at the time the annual budget request is submitted providing information on the amounts received under this section, if any, and the uses made thereof.
Source: L. 84: Entire section added, p. 509, § 2, effective July 1.
24-33.5-226. Athletic or special events - closure of highways by patrol or municipality or county - payment of costs. (1) (a) Subject to the provisions of this section, highways or designated portions of highways may be partially or completely closed or restricted for the purpose of conducting athletic or special events thereon or for the purpose of ensuring the safe and efficient movement of traffic to and from or around an athletic event or special event which is in such proximity to a highway that the event or any traffic attendant thereto will have a significant effect on the normal traffic flow.
(b) When the term close or closure is used in this section, it shall be deemed to include the partial closure of any lane or other portion of a highway or the restriction or regulation of traffic on the highway by the Colorado state patrol, members of the department of transportation, or authorized agents of a municipality or county.
(c) (I) The chief has the authority to close a state highway or portion thereof for the purposes of paragraph (a) of this subsection (1) when an athletic or special event is proposed to be held on such highway or when a proposed event may cause a significant disruption to the normal flow of traffic on a state highway and such highway is outside the boundaries of a municipality.
(II) The chief or his designee shall coordinate any closure of a state highway with the executive director of the department of transportation or his designee.
(III) The chief shall not approve an event which the state does not have sufficient resources to properly manage in a manner consistent with the preservation of the public peace, health, and safety.
(d) Notwithstanding the provisions of paragraph (c) of this subsection (1), a municipality has the exclusive authority to close a highway or portion thereof for the purposes of paragraph (a) of this subsection (1) if the highway or portion to be closed is contained entirely within the boundaries of the municipality and any attendant disruption of traffic is contained within the boundaries of the municipality; except that, if such closure is on a state highway, the municipality shall coordinate the closure with the executive director of the department of transportation or his designee and shall provide for adequate traffic control and an alternate route where applicable.
(e) Notwithstanding the provisions of paragraphs (c) and (d) of this subsection (1), a board of county commissioners or the duly authorized sheriff, county division of public works, or other county division or department authorized and designated by the board of county commissioners shall have the authority to close a highway or portion thereof for the purposes of paragraph (a) of this subsection (1) when such highway is not a state highway and the highway or portion to be closed does not extend within the boundaries of a municipality. When a proposed event may cause a significant disruption to the normal flow of traffic on a state highway or to any municipal highway, such closure shall be approved by and coordinated among all agencies involved.
(f) In the event that a closure or disruption of traffic resulting from a closure crosses jurisdictional boundaries, such closure shall be coordinated among all agencies involved. If the event requires the active participation of the patrol and if the event may cause a significant disruption to the normal flow of traffic, the chief's authority under paragraph (c) of this subsection (1) shall apply.
(2) A closure by the chief may be authorized only if:
(a) A written application therefor is submitted to the chief, containing such information as the chief deems necessary, and the application is approved by the chief; and
(b) The applicant pays to the Colorado state patrol at the time he submits the application the amount estimated by the chief to be the actual costs of said patrol for processing the application and the applicant agrees to pay in accord with subsection (3) of this section the actual costs of the patrol and the department of transportation in providing any services for the conduct of the closure. Such costs shall include any regular or overtime salaries, equipment, and fuel; and
(c) The applicant agrees to pay for and provide evidence of liability coverage in those amounts specified in section 24-10-114 (1) to protect the state from any liability for any injuries or damages which may arise out of the closure or the Colorado state patrol's or the department of transportation's assistance in ensuring the safe conduct of the closure. Such insurance shall provide coverage which corresponds to the requirements of article 10 of this title. Liability claims resulting from the closure of a highway pursuant to this section shall be first paid from the liability insurance required by this paragraph (c) prior to any payment from the risk management fund created in section 24-30-1510. Nothing in this paragraph (c) shall alter or affect the application of article 10 of this title; and
(d) A local jurisdiction approves the closure if the closure of the highway would restrict the use of any road, street, or highway of the affected jurisdiction; and
(e) The closure is implemented in a manner that will cause the least inconvenience to the driving public consistent with the requirements of the athletic or special event and the event can be conducted in a manner consistent with the preservation of the public peace, health, and safety.
(2.5) (a) No liability shall attach to the state of Colorado for any injuries or damages which are caused solely by the use of a state highway for an athletic or special event when such event has not been approved by the chief. Claims for such injuries or damages shall be subject to the limitations of article 10 of this title.
(b) Any person who conducts an athletic or special event on a state highway when a permit for said event has not been issued or any person conducting said event who violates the terms of a permit which has been issued for an athletic or special event commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(3) (a) If a closure application is approved, the applicant shall pay, when applicable, to the Colorado state patrol and the department of transportation prior to the closure the amounts the chief and executive director of the department of transportation estimate to be the costs of the patrol and the department of transportation in conducting the closure and shall provide the chief with evidence of the acquisition of the insurance provided for in paragraph (c) of subsection (2) of this section.
(b) Moneys paid to the Colorado state patrol pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the Colorado state patrol closure fund created in paragraph (c) of this subsection (3).
(c) There is hereby created in the state treasury the Colorado state patrol closure fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the purpose of paying salaries for officers performing duties in accord with the provisions of this section and for all other expenses incurred by the Colorado state patrol in carrying out the provisions of this section, and such moneys shall not be transferred to or revert to the general fund of the state at the end of any fiscal year. Such salaries and other expenses shall be paid at the direction of the chief, and, notwithstanding section 24-33.5-207 (2), the chief may authorize payment of such overtime salaries as he deems necessary for officers performing any duties pursuant to this section.
(d) All moneys paid to the department of transportation pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the state highway supplementary fund.
(4) The chief and executive director of the department of transportation are authorized to use such equipment and personnel as they deem necessary to ensure the safe conduct of the closure.
Source: L. 85: Entire section added, p. 821, § 1, effective June 6. L. 86: (1) R&RE and IP(2), (2)(a), (2)(c), (2)(e), (3)(b), and (3)(c) amended, pp. 925, 926, §§ 1, 2, effective March 20; (3)(c) amended, p. 890, § 2, effective April 3. L. 88: (1)(b), (1)(c), (1)(d), (2)(a), (2)(b), (2)(c), (2)(e), and (3)(a) amended and (1)(e), (1)(f), and (2.5) added, pp. 921, 923, §§ 1, 2, effective April 13. L. 91: (1)(b), (1)(c)(II), (1)(d), (2)(b), (2)(c), (3)(a), (3)(d), and (4) amended, p. 1060, § 21, effective July 1. L. 2002: (2.5)(b) amended, p. 1533, § 250, effective October 1. L. 2021: (2.5)(b) amended, (SB 21-271), ch. 462, p. 3227, § 420, effective March 1, 2022.
Cross references: (1) For creation of the state highway supplementary fund, see § 43-1-219.
(2) For the legislative declaration contained in the 2002 act amending subsection (2.5)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
24-33.5-227. Equipment for counterdrug activities - payments from local governments and state agencies - cash fund. (1) The Colorado state patrol may receive moneys from a political subdivision or state agency for the procurement of law enforcement equipment suitable for counterdrug activities through the United States department of defense pursuant to 10 U.S.C. sec. 381 or a successor provision.
(2) Moneys received pursuant to this section shall be transmitted to the state treasurer, who shall credit the moneys to the counterdrug activities cash fund, which fund is hereby created in the state treasury. The moneys in the counterdrug activities cash fund are hereby continuously appropriated to the Colorado state patrol to fund payments for equipment for counterdrug activities procured by political subdivisions and state agencies through the United States department of defense.
Source: L. 2004: Entire section added, p. 398, § 1, effective April 8.
24-33.5-228. Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle. The chief or the chief's designee shall coordinate with the department of transportation to jointly create a campaign raising public awareness of the requirements of section 42-4-705 and of the dangers of stationary emergency and service vehicles that are on the road or on the side of the road.
Source: L. 2020: Entire section added, (HB 20-1145), ch. 107, p. 421, § 2, effective September 14.
24-33.5-229. Alternative municipal traffic enforcement mechanisms study group - report - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21-1314), ch. 460, p. 3101, § 18, effective July 6.
Editor's note: Subsection (6) provided for the repeal of this section, effective June 30, 2022. (See L. 2021, p. 3101.)
24-33.5-230. Catalytic converter identification and theft prevention grant program - cash fund - creation - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1217), ch. 417, p. 2951, § 2, effective June 7; (5.5) added, (SB 22-179), ch. 485, p. 3521, § 2, effective August 10.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2025. (See L. 2022, p. 2951.)
24-33.5-231. Chief - equestrian - education. The chief may educate county sheriffs and other law enforcement agencies about equestrian zones and equestrian safety.
Source: L. 2025: Entire section added, (SB 25-149), ch. 266, p. 1373, § 2, effective August 6.
Editor's note: Section 11(2) of chapter 266 (SB 25-149), Session Laws of Colorado 2025, provides that the act adding this section applies to offenses committed on or after August 6, 2025.
Cross references: For the legislative declaration in SB 25-149, see section 1 of chapter 266, Session Laws of Colorado 2025.
PART 3
COLORADO LAW ENFORCEMENT TRAINING ACADEMY
24-33.5-301 to 24-33.5-314. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1283), ch. 240, p. 1070, § 9, effective July 1.
Editor's note: This part 3 was added in 1983. For amendments to this part 3 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
Cross references: For the legislative declaration in the 2012 act repealing this part 3, see section 1 of chapter 240, Session Laws of Colorado 2012.
PART 4
COLORADO BUREAU OF INVESTIGATION
Editor's note: Prior to the enactment of this article, the substantive provisions of this part 4 were contained in part 4 of article 32 of this title.
24-33.5-400.3. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Bureau means the Colorado bureau of investigation created in section 24-33.5-401 (1).
(2) Director means the director of the bureau.
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2062, § 147, effective August 6.
24-33.5-401. Colorado bureau of investigation. (1) There is hereby created as a division of the department of public safety the Colorado bureau of investigation.
(2) The Colorado bureau of investigation and the office of the director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety and the executive director.
Source: L. 83: Entire article added, p. 932, § 1, effective July 1, 1984. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3427, § 212, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2062, § 148, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-402. Director - appointment. Subject to the provisions of section 13 of article XII of the state constitution, the executive director shall appoint a director of the bureau.
Source: L. 83: Entire article added, p. 932, § 1, effective July 1, 1984. L. 2025: Entire section amended, (SB 25-275), ch. 377, p. 2062, § 149, effective August 6.
24-33.5-403. Director - qualifications. The director shall be experienced in scientific methods for the detection of crime and in the enforcement of law and order. The director shall possess such other qualifications as may be specified by the state personnel director after consultation with the executive director.
Source: L. 83: Entire article added, p. 932, § 1, effective July 1, 1984.
24-33.5-404. Duties of the director. The director shall be the chief administrative officer of the bureau and shall also be an agent. He shall supervise and direct the administration and all other activities of the bureau. The director shall prescribe rules and regulations, not inconsistent with law, for the operation of the bureau and the conduct of its personnel and the distribution and performance of their duties.
Source: L. 83: Entire article added, p. 932, § 1, effective July 1, 1984.
24-33.5-405. Deputy director - appointment. Subject to the provisions of section 13 of article XII of the state constitution, the director may appoint a deputy director, whose qualifications shall be the same as those for an agent.
Source: L. 83: Entire article added, p. 932, § 1, effective July 1, 1984.
24-33.5-406. Deputy director - duties. The deputy director shall serve as an agent, and, at the request of the director or in his absence or disability, the deputy director shall perform all of the duties of the director, and, when so acting, he shall have all of the powers of and be subject to all of the restrictions upon the director. In addition, he shall perform such other duties as may from time to time be assigned to him by the director.
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984.
24-33.5-407. Bureau personnel - appointment. Subject to the provisions of section 13 of article XII of the state constitution, the director shall appoint agents and other employees necessary to conduct an efficient bureau.
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984.
24-33.5-408. Agents - qualifications. The director shall appoint persons of honesty, integrity, and outstanding ability as agents. Agents shall possess such qualifications as may be specified by the state personnel director after consultation with the director of the bureau.
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984.
24-33.5-409. Agents - duties - powers. Agents shall perform duties in the investigation, detection, and prevention of crime and the enforcement of the criminal laws of this state. Only agents of the bureau shall be vested with the powers of peace officers of this state and have all the powers of any sheriff or police or other peace officer.
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984.
24-33.5-410. Agents - limitation of powers. Powers vested in agents by this part 4 shall in no way usurp or supersede the powers of the local sheriffs and police and other law enforcement officers; except that this limitation shall not apply to functions of the bureau described in section 24-33.5-412 (1)(c) and (1)(d).
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984.
24-33.5-411. Agents - defenses - immunities. Any agent required to perform any official function under the provisions of this part 4 shall be entitled to the protection, defense, or immunities provided by statute to safeguard a peace officer in the performance of official acts.
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984.
24-33.5-412. Functions of bureau - legislative review - interagency cooperation with reporting functions - processing time for criminal history record checks - computer crime - synthetic cannabinoids enforcement. (1) The bureau has the following authority:
(a) (I) When assistance is requested by any sheriff, chief of police, district attorney, head of a state agency, or chief law enforcement officer and with the approval of the director, to assist such state agency or law enforcement authority in the investigation and detection of crime and in the enforcement of the criminal laws of the state.
(II) For purposes of subparagraph (I) of this paragraph (a), state agency means any department or agency of the executive branch and the office of the state auditor.
(b) When assistance is requested by any district attorney and upon approval by the director, to assist the district attorney in preparing the prosecution of any criminal case in which the bureau had participated in the investigation under the provisions of this part 4;
(c) To establish and maintain fingerprint, crime, criminal, fugitive, stolen property, and other identification files and records; to operate the statewide uniform crime reporting program; and to arrange for scientific laboratory services and facilities for assistance to law enforcement agencies, utilizing existing facilities and services wherever feasible;
(c.5) To maintain a computerized data file of motor vehicle information received from the department of revenue accessible to law enforcement agencies through the telecommunications network operated by the bureau, and, by January 1, 2001, to allow law enforcement agencies to search multiple fields in the motor vehicle files including but not limited to vehicle license plate numbers, vehicle identification numbers, manufacturers, models, years, tab, and primary body colors, or any combinations thereof;
(d) To investigate suspected criminal activity when directed to do so by the governor;
(e) To procure any records furnished by any law enforcement agency of this state, including local law enforcement agencies, at the expense of the bureau;
(f) To enter into and perform contracts with the department of human services for the investigation of any matters arising under the Uniform Interstate Family Support Act, article 5 of title 14, C.R.S., or a substantially similar enactment of another state;
(g) Repealed.
(h) To compile, maintain, and distribute a list of missing children as required by section 24-33.5-415.1;
(i) To develop and maintain a computerized database for tracking gangs and gang members both within the state and among the various states;
(j) When assistance is requested by the P.O.S.T. board, to investigate the backgrounds of applicants for certification as peace officers by the P.O.S.T. board, by a review of fingerprint files or records;
(k) To carry out the duties described in article 22 of title 16, C.R.S., including but not limited to promptly transmitting to the federal bureau of investigation upon receipt any fingerprints and conviction data concerning a person convicted of unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;
(l) To carry out the duties set forth in section 24-33.5-424 concerning the national instant criminal background check system (NICS) in connection with the transfer of firearms;
(m) To carry out the duties described in section 18-6-803.7, C.R.S.;
(n) To carry out the duties of maintaining information related to crimes involving acts of domestic violence or sexual assault as required by article 21 of title 16, C.R.S.;
(o) To carry out the duties set forth in part 2 of article 12 of title 18, C.R.S.;
(p) Repealed.
(q) To locate and apprehend persons who are fugitives from the law;
(r) To conduct criminal history records checks pursuant to section 24-72-305.3;
(s) When requested by the chief of a fire department or his or her designee, and approved by the director or his or her designee, the bureau may assist in the investigation of a possible crime related to arson. When such a request is made by a fire department, the fire department shall notify the appropriate law enforcement agency that a request for assistance from the bureau has been made.
(t) To investigate throughout the state criminal activity involving firearms described in article 12 of title 18, including investigating illegal firearm transfers and attempts, as described in section 18-2-101, to illegally obtain a firearm. The bureau shall communicate with the appropriate local law enforcement agency to deconflict investigative operations and determine investigative responsibilities prior to taking investigative or enforcement action and shall collaborate with the local district attorney in the jurisdiction where the bureau is conducting an investigation in the beginning stages of the investigation. This subsection (1)(t) does not authorize the bureau to investigate other criminal activity encountered during a firearms-related investigation without consent from, or in collaboration with, the local law enforcement agency as required by law.
(2) In order to enable the bureau to carry out the functions enumerated in this section, it shall establish and maintain statewide telecommunications programs consistent with telecommunications programs and policies of the state telecommunications director.
(3) (a) Any other provision of law to the contrary notwithstanding and excluding title 19, C.R.S., except as provided in paragraph (b) of this subsection (3), on and after July 1, 1971, in accordance with a program to be established by the bureau, every law enforcement, correctional, and judicial entity, agency, or facility in this state shall furnish to the bureau all arrest, identification, and final charge dispositional information on persons arrested in Colorado for federal, state, or out-of-state criminal offenses and on persons received for service of any sentence of incarceration. The department of corrections shall furnish its information to the bureau within twenty-four hours of the time a person is received into the custody of the department for service of sentence and prior to twenty-four hours of the time of the person's final discharge from supervision. The department shall also report to the bureau a person's release to parole or to a community correctional facility or program prior to twenty-four hours of such release. The provision of information required by this subsection (3) shall be made in a manner prescribed by the bureau; except that the provision of information by judicial entities, agencies, and facilities shall be under procedures to be established jointly by the state court administrator and the director.
(b) On or after July 1, 1983, the bureau may establish a program under which every entity, agency, or facility specified in paragraph (a) of this subsection (3) shall furnish to the bureau the information specified in section 19-1-306 (3), C.R.S.
(c) For purposes of improving the performance of criminal background checks and the implementation of the integrated criminal justice information system established in article 20.5 of title 16, C.R.S.:
(I) The criminal justice information program task force created in section 16-20.5-103, C.R.S., shall establish and require the use of uniform identifiers in the information required by this subsection (3) in order to facilitate the matching of criminal records in the bureau's databases and in the ICON system at the state judicial department, and such identifiers may be any identifiers existing on or after May 30, 2001; and
(II) Except as otherwise provided in this subsection (3), every law enforcement, correctional, and judicial entity, agency, or facility in this state shall forward to the bureau the information required by this subsection (3) within seventy-two hours after receiving such information; except that the time period shall not include Saturdays, Sundays, or legal holidays. The information forwarded to the bureau shall include, but need not be limited to, the fingerprints of said arrested persons.
(d) The bureau shall electronically forward the information required by this subsection (3) to the judicial department through the integrated criminal justice information system program established by article 20.5 of title 16, C.R.S., within twenty-four hours after the receipt of:
(I) An electronic version of the suspect's arrest and fingerprint information by the bureau; or
(II) A paper copy of the suspect's arrest and fingerprint information by the bureau if the information is from a jurisdiction that does not use an electronically-based fingerprint transmission system.
(4) The bureau is charged with the responsibility to investigate organized crime which cuts across jurisdictional boundaries of local law enforcement agencies, subject to the provisions of section 24-33.5-410.
(5) (a) To assist the bureau in its operation of the uniform crime reporting program, every law enforcement agency in this state shall furnish such information to the bureau concerning crimes, arrests, and stolen and recovered property as is necessary for uniform compilation of statewide reported crime, arrest, and recovered property statistics. In cases involving child abuse or sexual assault on a child and in all other cases involving murder, sexual assault, or robbery, the law enforcement agency shall furnish information to the bureau concerning the modus operandi of such crimes in order to facilitate the identification of cross-jurisdictional offenders. Information required to be submitted pursuant to this section shall be submitted in a form specified by the bureau; except that the bureau shall adopt a form and reporting standards consistent with the development of the strategic plan for an integrated criminal justice information system, in accordance with article 20.5 of title 16, that shall be consistent with applicable federal and state laws and regulations such as the national criminal justice information system standards. The cost to the law enforcement agency of furnishing such information shall be reimbursed out of appropriations made therefor by the general assembly; except that the general assembly shall make no such reimbursement if said cost was incurred in a fiscal year during which the Colorado crime information center was funded exclusively by state or federal funds.
(b) Beginning in 2018, and every year thereafter, the department shall include as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203 information concerning the reports submitted by law enforcement agencies pursuant to subsection (5)(a) of this section, including but not limited to information concerning reports of bias-motivated crimes, as described in section 18-9-121.
(6) The bureau is charged with the responsibility of implementing, administering, complying with the terms of, and serving as the state's criminal history record repository as defined in the National Crime Prevention and Privacy Compact established in accordance with the provisions of part 27 of article 60 of this title. For purposes of said compact, the compact officer for the state of Colorado shall be the director of the bureau or a designee of the director.
(7) Notwithstanding any provision of law to the contrary, if a department or agency of the executive branch is required by statute to request a fingerprint-based criminal history record check from or through the bureau and obtain and process the results within a specified time, whether for purposes of issuance of a professional license or for any other reason, and, due to a backlog in requests pending with the bureau or due to other factors beyond the control of the department or agency, the department or agency is unable to act within the time required by statute:
(a) The department or agency is allowed an extension of time within which to obtain and process the results of the record check;
(b) The department or agency shall notify the applicant and other interested persons of the reason for the delay; and
(c) The status of the person whose criminal history is the subject of the record check, and his or her rights and responsibilities as specified in the statute that set forth the original period for agency action, do not change as a result of the delay.
(8) (a) The bureau has the authority to conduct criminal investigations relating to cybercrime violations pursuant to section 18-5.5-102, when violations are reported or investigations requested by law enforcement officials or the governor or when violations are discovered by the bureau. All investigations conducted by the bureau must be in cooperation and coordination with local, state, or federal law enforcement authorities, subject to the provisions of section 24-33.5-410.
(b) The bureau shall develop and collect information with regard to cybercrime in an effort to identify, charge, and prosecute criminal offenders and enterprises that unlawfully access and exploit computer systems and networks, impact functionality, and access sensitive data and shall report such information to the appropriate law enforcement organizations. The bureau must also provide awareness training and information concerning cyber-security and security risks to the information technology critical infrastructure industry.
(c) The bureau shall prepare reports at least annually concerning any activities of cybercrime in Colorado for use by local or federal law enforcement officials or the governor. The reports are available for public inspection unless the material in the reports is exempt under article 72 of this title 24.
(d) The director of the bureau may enter into any contract that is necessary to carry out the duties and responsibilities set forth in this subsection (8).
(9) On and after September 1, 2014, the bureau shall purchase and maintain materials and equipment to be made available by the bureau to law enforcement agencies and to the liquor enforcement division in the department of revenue, for the presumptive identification of synthetic cannabinoids or any other designer drugs.
(10) An agent or other employee of the bureau who is a peace officer shall wear and activate a body-worn camera in accordance with section 24-31-902 when conducting any public-facing part of an investigation pursuant to subsection (1)(t) of this section.
Source: L. 83: Entire article added, p. 933, § 1, effective July 1, 1984. L. 84: (1)(a), (2), and (3) amended, p. 681, § 15, effective March 29; (1)(h) added, p. 687, § 1, effective April 5. L. 87: (5) amended, p. 694, § 12, effective June 16; (3)(a) amended, p. 658, § 19, effective July 10; (3)(b) amended, p. 820, § 33, effective July 10. L. 89: (1)(i) added, p. 874, § 5, effective June 5. L. 90: (1)(j) added, p. 1208, § 5, effective March 16. L. 91: (1)(k) added, p. 395, § 2, effective April 17. L. 92: (5) amended, p. 257, § 4, effective June 3. L. 93: (1)(f) amended, p. 1606, § 8, effective January 1, 1995. L. 94: (1)(l) added, p. 17, § 2, effective February 26; (1)(f) amended, p. 2694, § 234, effective July 1; (1)(n) added, p. 2042, § 26, effective July 1; (1)(f) amended, p. 2695, § 235, effective January 1, 1995; (1)(m) added, p. 2017, § 12, effective January 1, 1995. L. 95: (1)(n) and (5) amended, p. 601, § 4, effective May 22; (1)(n) amended, p. 949, § 6, effective July 1. L. 96: (1)(o) added, p. 1024, § 2, effective May 23; (3)(b) amended, p. 1175, § 13, effective January 1, 1997. L. 98: (1)(p) added, p. 962, § 7, effective May 27. L. 99: (1)(c.5) added, p. 996, § 3, effective May 29. L. 2000: (1)(l) amended, p. 8, § 2, effective March 7; (6) added, p. 66, § 2, effective March 10; (1)(q) added, p. 398, § 1, effective April 12; (1)(c.5) amended, p. 1636, § 11, effective June 1; (1)(k) amended, p. 926, § 20, effective July 1; (1)(r) added, p. 1703, § 2, effective July 1. L. 2001: (3)(c) and (3)(d) added, p. 613, § 4, effective May 30. L. 2002: (1)(k) amended, p. 1189, § 31, effective July 1. L. 2003: (1)(o) amended, p. 649, § 7, effective May 17. L. 2005: (1)(a) amended, p. 860, § 1, effective June 1. L. 2010: (1)(r) amended and (1)(s) added, (HB 10-1399), ch. 331, p. 1526, § 1, effective May 27. L. 2012: (1)(p) repealed, (HB 12-1266), ch. 280, p. 1530, § 50, effective July 1. L. 2013: (7) added, (SB 13-192), ch. 129, p. 431, § 2, effective April 19. L. 2014: (8) added, (HB 14-1095), ch. 154, p. 532, § 1, effective May 9; (9) added, (HB 14-1037), ch. 358, p. 1682, § 4, effective August 6. L. 2017: (5) amended, (HB 17-1138), ch. 136, p. 456, § 2, effective August 9. L. 2018: (9) amended, (HB 18-1375), ch. 274, p. 1709, § 43, effective May 29; (8)(a), (8)(b), and (8)(c) amended, (HB 18-1200), ch. 379, p. 2293, § 7, effective August 8. L. 2024: (1)(r) amended and (1)(t) and (10) added, (SB 24-003), ch. 175, p. 954, § 2, effective August 7.
Editor's note: (1) Subsection (1)(g)(II) provided for the repeal of subsection (1)(g), effective July 1, 1984. (See L. 83, p. 933.)
(2) Amendments to subsection (1)(n) by Senate Bill 95-153 and House Bill 95-1101 were harmonized.
Cross references: (1) For provisions concerning telecommunications coordination within state government, see part 5 of article 37.5 of this title; for provisions relating to a state telecommunications network, see § 24-33.5-223; for the emergency medical services telecommunications subsystem, see part 4 of article 3.5 of title 25.
(2) For the legislative declaration contained in the 1995 act amending subsection (1)(n), see section 1 of chapter 198, Session Laws of Colorado 1995. For the legislative declaration contained in the 2000 act amending subsection (1)(l), see section 1 of chapter 5, Session Laws of Colorado 2000. For the legislative declaration in HB 17-1138, see section 1 of chapter 136, Session Laws of Colorado 2017.
24-33.5-413. Credentials. The director shall issue to each agent of the bureau proper credentials and a badge of authority with the seal of the state of Colorado in the center thereof and the words Colorado Bureau of Investigation encircling said seal. Each agent of the bureau, when on duty, shall carry said badge upon his person. Such badges shall be serially numbered.
Source: L. 83: Entire article added, p. 935, § 1, effective July 1, 1984.
24-33.5-414. Rewards. No reward offered for the apprehension or conviction of any person or for the recovery of any property may be accepted by an employee or agent of the bureau.
Source: L. 83: Entire article added, p. 935, § 1, effective July 1, 1984.
24-33.5-415. Temporary agents - qualifications - term - tenure. In addition to and apart from any other appointment provisions of this part 4, the director, with the approval of the appropriate law enforcement agency or agencies, may appoint peace officers of law enforcement agencies outside the bureau as temporary agents of the bureau. Such temporary agents shall have all the powers, protections, defenses, and immunities provided by statute or otherwise to agents of the bureau. Such temporary agents, if from outside the state personnel system, shall not have the protection of tenure afforded by part 1 of article 50 of this title to certified employees. Except for overtime payments authorized by the bureau, the compensation of temporary agents shall not be paid out of state funds allocated to the bureau. During such special assignments as temporary agents, the compensation and employment benefits of such temporary agents shall continue to be paid by their employing law enforcement agencies. The bureau may pay the reasonable expenses of such temporary agents pursuant to the same criteria it uses to pay the reasonable expenses of agents of the bureau. The bureau, upon request by the employing law enforcement agencies of such temporary agents and prior to any such temporary appointment, shall provide the employing law enforcement agencies with a statement detailing the expenses, if any, of such temporary agents that will be the financial responsibility of the employing law enforcement agency and those that will be the financial responsibility of the bureau.
Source: L. 83: Entire article added, p. 935, § 1, effective July 1, 1984.
24-33.5-415.1. List of missing children. (1) For the purposes of this section, missing child means a child whose whereabouts are unknown, whose domicile at the time he was first reported missing was Colorado, and whose age at the time he was first reported missing was seventeen years of age or younger.
(2) (a) To aid in the identification and location of missing children, the bureau shall compile, maintain, and distribute a list of missing children. Such list shall be compiled from missing children reports submitted by law enforcement agencies pursuant to subsection (3) of this section.
(b) The bureau shall keep records of statistics on all missing children reports which it receives. Such records shall include the following information:
(I) The number of cases of missing children reported in Colorado;
(II) The number of missing children cases which have been solved in Colorado;
(III) The approximate physical location at which each child was last seen;
(IV) The time of day each child was last seen;
(V) The age, gender, and physical description of each child reported missing;
(VI) The activity the child was engaged in at the time he was last seen;
(VII) The number of reported sightings of missing children; and
(VIII) Any other pertinent information regarding a missing child.
(b.1) The bureau shall obtain, if available, the dental records of any child who has been missing thirty or more days, and any custodian of such records shall comply with the bureau's request for the records.
(c) The bureau shall release general statistical information to the public at least once each calendar year and shall report such statistics and other information the bureau deems appropriate to the governor at least once each calendar year.
(3) To assist the bureau in compiling the list of missing children, every law enforcement agency in this state shall, upon receipt of information that a child is believed to be missing, send a missing child report containing identifying and descriptive information about the child to the bureau as soon as possible but no later than two hours after obtaining the information. If, at a later time, the law enforcement agency determines that the missing child has been located, the agency shall send notification to the bureau no later than twenty-four hours after making that determination.
(4) To assist the bureau in identifying missing children, a county coroner shall report to the bureau any unidentified or unclaimed dead human body which is found within his jurisdiction and which could be the body of a missing child. Such report shall be made within five days of the time the coroner takes charge of the unidentified or unclaimed dead human body and shall include fingerprints, dental information, and a physical description of the body with respect to approximate age, height, weight, hair and eye color, deformities, and scars or other identifying marks. If the bureau determines that the information submitted on an unidentified or unclaimed dead human body matches the information for a missing child, the bureau shall immediately notify the law enforcement agency that submitted the missing child report.
(5) A timely list of missing children shall be distributed on a regular basis to all school districts in this state, except those school districts which have elected to provide the names of all new or transfer students to the bureau, and each school district shall distribute such information to the individual schools within the district in whatever manner deemed appropriate. The list shall include the names of missing children together with whatever information the bureau determines would be helpful in making identification. A school district shall either immediately notify the bureau if it comes in contact with a child whose name appears on the list of missing children or send the names of all new or transfer students to the bureau on a regular basis, and, if a missing child is identified, the bureau shall, in turn, notify the law enforcement agency that submitted the missing child report. All information received or transmitted pursuant to this subsection (5) shall be confidential and shall only be used for law enforcement purposes.
(6) In addition to distributing the list of missing children to school districts, the bureau may distribute such list to any other person or entity that the bureau determines might be instrumental in the identification and location of missing children. The bureau shall also list the name of every missing child with appropriate nationally maintained missing children lists. The bureau shall provide identifying and descriptive information about children determined to be missing immediately after receipt of reports from law enforcement agencies pursuant to subsection (3) of this section for entry into the national crime information center computer operated by the federal bureau of investigation. Immediately after a missing child is located, the law enforcement agency which located or returned the child shall notify the law enforcement agency having jurisdiction over the investigation and the bureau, and the bureau shall cancel the entry from the national crime information center computer.
(7) In order to accomplish the purposes of this section, the bureau is authorized to accept, receive, and expend assistance in the form of grants, gifts, grants-in-aid, bequests, and contributions from any agency, organization, or person. Such assistance shall be in addition to moneys appropriated to the bureau by the general assembly. Assistance received by the bureau in the form of money shall not revert to the general fund.
Source: L. 84: Entire section added, p. 687, § 2, effective July 1. L. 85: (2), (3), and (5) amended and (7) added, p. 826, § 1, effective June 6. L. 87: (2)(b.1) added and (3) and (6) amended, p. 693, §§ 10, 11, effective July 1. L. 2000: (2)(c) amended, p. 1549, § 15, effective August 2. L. 2022: (3) amended, (SB 22-095), ch. 70, p. 365, § 5, effective April 7.
24-33.5-415.2. Receipt of proceeds from forfeited property. The division of the Colorado bureau of investigation is authorized to accept, receive, and expend proceeds allocated to the division after sale of forfeited property pursuant to part 3 or 5 of article 13 of title 16 or article 17 of title 18, and such funds shall be in addition to the money appropriated to the division by the general assembly. Notwithstanding section 24-1-136 (11)(a)(I), the executive director shall submit an annual report to the joint budget committee at the time the annual budget request is submitted providing information on the amounts received under this section, if any, and the uses made thereof.
Source: L. 84: Entire section added, p. 509, § 3, effective July 1. L. 90: Entire section amended, p. 925, § 10, effective March 27. L. 2017: Entire section amended, (HB 17-1059), ch. 91, p. 278, § 5, effective August 9.
24-33.5-415.3. Information on gangs - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The proliferation of gangs and gang-related crimes is no longer merely a matter facing urban communities, and has become a matter of statewide concern;
(b) Gang activity involves a multitude of crimes, and illegal drug use and drug-trafficking constitute common factors associated with all gang-related activities and in the continuing pattern of gang-related violence;
(c) While the primary responsibility for law enforcement rests with local police and sheriffs' departments, drugs and drug-related crimes and gang-related criminal activity resulting therefrom have placed an overwhelming burden on the existing resources of all law enforcement agencies, especially rural departments. Therefore, the state has an obligation to make additional support available to local law enforcement through increased assistance in the investigation of narcotics and dangerous drug law violations; expanded training of local officers to improve their ability to interdict the sale and use of drugs in their communities; increased ability to assist in seizing moneys and properties utilized in drug transactions; improved forensic laboratory capability for the quantification and qualitative analysis of narcotics and dangerous drugs; and enhanced capability to collect, analyze, and disseminate information on drug and gang-related criminal activity.
(d) In order to contain the spread of gang violence, the development of a computerized data base tracking system is necessary to improve the consistency of data shared by the different law enforcement and judicial elements of the criminal justice system, both within the state and among various states confronted with similar gang violence.
(2) For the purposes of this section, unless the context otherwise requires, gang means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct.
(3) To aid in the identification and location of gangs and gang members and to prevent recruitment of new gang members from both the population in general and persons in the custody of the department of corrections and the department of human services, the Colorado bureau of investigation shall develop and maintain a computerized database system which tracks the whereabouts of identified gang members. Such database shall be compiled from reports submitted to the bureau pursuant to section 16-21-103, C.R.S. Such information shall include the following:
(a) The person's name, along with any aliases;
(b) The person's last-known address;
(c) The person's date of birth;
(d) The date of any arrest and the arrest numbers, the investigating agency's case number, the final disposition of any criminal case filed with a court, and the court number;
(e) Any information relevant to the person's association or affiliation with a gang or with gang activities.
(4) The bureau shall make every reasonable effort to locate and cooperate with other such databases in the United States in order to track gangs and gang members involved in interstate activities.
Source: L. 89: Entire section added, p. 873, § 4, effective June 5. L. 94: IP(3) amended, p. 2695, § 236, effective July 1. L. 95: IP(3) amended, p. 949, § 7, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (3), see section 1 of chapter 198, Session Laws of Colorado 1995.
24-33.5-415.4. Security guard clearance - criminal history record checks. (1) As used in this section, unless the context otherwise requires:
(a) Contract security agency means any business which, for a fee or other consideration, agrees to furnish a uniformed security guard to protect persons, property, information, or other assets.
(b) Proprietary security organization means any internal functional organizational unit of a company which provides uniformed security guards for the exclusive use of such employing company.
(c) Security guard means any private uniformed security officer, armored car service officer, alarm response runner, watchman, lobby attendant, or other private uniformed person who is engaged in the protection of persons, property, information, or other assets.
(2) After January 1, 1992, any contract security agency or proprietary security organization may submit fingerprints of security guards to the bureau for purposes of a fingerprint-based criminal history record check pursuant to part 3 of article 72 of this title. The information obtained from the criminal history record check conducted pursuant to this section may be used by the contract security agency or proprietary security organization to determine whether or not to employ a person as a security guard. Nothing in this section shall be used as a basis for discrimination banned by section 24-34-402 (1)(a). The bureau shall charge a fee for record checks conducted pursuant to this section. The bureau shall set such fee at a level sufficient to cover the direct and indirect costs of processing requests made pursuant to this section. Moneys collected by the bureau pursuant to this section shall be subject to annual appropriation by the general assembly for the administration of criminal history record checks of security guards pursuant to this section.
Source: L. 91: Entire section added, p. 869, § 1, effective April 17. L. 2002: (2) amended, p. 976, § 11, effective June 1.
24-33.5-415.5. Sex offender identification - fund. (Repealed)
Source: L. 96: Entire section added, p. 1581, § 3, effective July 1. L. 98: Entire section amended, p. 402, § 14, effective April 21. L. 99: Entire section amended, p. 1146, § 4, effective July 1; entire section amended , p. 1169, § 4, effective July 1. L. 2000: Entire section amended, p. 926, § 19, effective July 1. L. 2002: Entire section repealed, p. 1155, § 13, effective July 1; entire section amended, p. 1533, § 251, effective October 1.
Editor's note: This section was amended in House Bill 02-1046, effective October 1, 2002. However, those amendments did not take effect due to the repeal of this section by Senate Bill 02-019, effective July 1, 2002.
24-33.5-415.6. Offender identification - fund. (1) There is created in the state treasury the offender identification fund, referred to in this section as the fund. The fund consists of costs and surcharges levied pursuant to this section and payments for genetic testing received from offenders pursuant to sections 16-11-102.4 and 19-2.5-1119. Subject to annual appropriations by the general assembly, the executive director and the state court administrator are authorized to expend money in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407. At the end of any fiscal year, all unexpended and unencumbered money remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(2) (Deleted by amendment, L. 2006, p. 1692, § 14, effective July 1, 2007.)
(3) (a) A cost of two dollars and fifty cents is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., for a felony, a misdemeanor, or misdemeanor traffic offense, charged pursuant to state statute. The defendant shall pay the costs to the clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who shall credit the same to the fund.
(b) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall apply to the collection of costs levied pursuant to this subsection (3).
(4) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a misdemeanor or a class 1 or class 2 misdemeanor traffic offense under state statute that results in payment of the penalty assessment without the commencement of a criminal action. All moneys collected by the department of revenue pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the fund.
(5) A cost of two dollars and fifty cents is hereby levied against each civil action resulting in an admission of liability or a judgment against the defendant for a class A or class B traffic infraction charged pursuant to state statute. The defendant shall pay the cost to the clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who shall credit the same to the fund.
(6) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a class A or class B traffic infraction under state statute that results in payment of the penalty assessment without the commencement of a civil action. All moneys collected by the department of revenue pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the fund.
(7) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment issued pursuant to section 33-6-104 or 33-15-102, C.R.S., that results in payment of the penalty assessment without the commencement of a criminal action. All moneys collected by the division of parks and wildlife in the department of natural resources pursuant to this subsection (7) shall be transmitted to the state treasurer, who shall credit the same to the fund.
(8) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1389, § 14, effective July 1, 2011.)
(9) The court may waive a cost or surcharge levied pursuant to this section if the court determines the defendant is indigent.
(10) A surcharge of two dollars and fifty cents is levied against each civil action resulting in an admission of liability or a judgment against the defendant for a civil infraction charged pursuant to state statute. The defendant shall pay the surcharge to the clerk of the court. Each clerk shall transmit the money to the state treasurer, who shall credit the same to the fund.
(11) A surcharge of two dollars and fifty cents is levied against each penalty assessment notice issued pursuant to section 16-2.3-102 for a civil infraction pursuant to state statute that results in payment of the penalty assessment without the commencement of a civil action. All money collected by the clerk of the court pursuant to this subsection (11) shall be transmitted to the state treasurer, who shall credit the same to the fund.
Source: L. 99: Entire section added, p. 1169, § 3, effective July 1. L. 2000: Entire section amended, p. 1266, § 3, effective May 26; entire section amended, p. 1026, § 4, effective July 1. L. 2002: Entire section amended, p. 1155, § 14, effective July 1. L. 2006: Entire section amended, p. 1692, § 14, effective July 1, 2007. L. 2007: (1) amended, p. 2035, § 52, effective June 1. L. 2009: Entire section amended, (SB 09-241), ch. 295, p. 1578, § 5, effective July 1. L. 2011: (7) and (8) amended, (SB 11-208), ch. 293, p. 1389, § 14, effective July 1. L. 2021: (1) amended, (HB 21-1315), ch. 461, p. 3112, § 15, effective July 6; (1) amended, (SB 21-059), ch. 136, p. 744, § 113, effective October 1. L. 2022: (10) and (11) added, (HB 22-1229), ch. 68, p. 346, § 30, effective March 1.
Editor's note: (1) Amendments to this section by House Bill 00-1166 and Senate Bill 00-121 were harmonized.
(2) Amendments to subsection (1) by HB 21-1315 and SB 21-059 were harmonized.
(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act changing this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: For the legislative declaration in the 2011 act amending subsections (7) and (8), see section 1 of chapter 293, Session Laws of Colorado 2011. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
24-33.5-415.7. Amber alert program. (1) The general assembly hereby finds that, in the case of an abducted child, the first few hours are critical in finding the child. To aid in the identification and location of abducted children, there is hereby created the Amber alert program, referred to in this section as the program, to be implemented by the bureau. The program shall be a coordinated effort among the bureau, local law enforcement agencies, and the state's public and commercial television and radio broadcasters.
(2) For the purposes of this section, abducted child means a child:
(a) Whose whereabouts are unknown;
(b) (I) Whose domicile at the time he or she was reported missing was Colorado; or
(II) About whom credible information is received from a law enforcement agency located in another state that the abducted child is traveling to or in the state of Colorado;
(c) Whose age at the time he or she was first reported missing was seventeen years of age or younger, including a newborn; and
(d) Whose disappearance poses a credible threat as determined by local law enforcement to the safety and health of the child.
(3) The program must consist of the following:
(a) A procedure established by rule that a local law enforcement agency may follow to verify a child has been abducted. Once the local law enforcement agency verifies an abduction has occurred, the local law enforcement agency may notify the bureau.
(b) Upon receipt of a notice of a child abduction from a local law enforcement agency, the bureau shall confirm the accuracy of the information and then issue an alert via the state emergency alert system. In the case of an abducted newborn, the bureau need not have complete identification information on the newborn in order to issue an alert.
(c) The bureau shall send the alert utilizing technological applications that promote the largest reach of community notifications. Participating radio and television stations shall issue the alert at designated intervals as specified in rule.
(d) The alert shall include all appropriate information the local law enforcement agency has that may assist in the safe recovery of the abducted child and a statement instructing anyone with information related to the abduction to contact his or her local law enforcement agency.
(e) The alert shall be canceled upon bureau notification that the child has been found or at the end of the notification period, whichever occurs first. When applicable, the bureau shall use the same technological applications described in subsection (3)(c) of this section. Any local law enforcement agency that locates a child who is the subject of an alert shall notify the bureau as soon as possible that the child has been located.
(4) The executive director of the department of public safety shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title, for the implementation of the program. The rules shall include, but need not be limited to:
(a) Procedures for a local law enforcement agency to use to verify whether a child abduction has occurred and the circumstances under which the agency shall report the abduction to the bureau;
(b) The process to be followed by the bureau in confirming the local law enforcement agency's information;
(c) The process for reporting the information to the federal communications commission's designated state emergency alert system broadcaster in Colorado; and
(d) Any additional processes concerning implementation of the program.
Source: L. 2002: Entire section added, p. 169, § 1, effective April 1. L. 2003: (2) amended, p. 1877, § 7, effective May 22. L. 2005: (2)(c) and (3)(b) amended, p. 627, § 1, effective May 27. L. 2020: IP(3), (3)(c), and (3)(e) amended, (SB 20-079), ch. 32, p. 106, § 1, effective March 20.
24-33.5-415.8. Missing persons alert program - definitions - rules. (1) The general assembly hereby finds that, in the case of a missing senior citizen, missing person with developmental disabilities, or missing person with a dementia disease and related disability, the first few hours are critical in finding the person. To aid in the identification and location of missing persons, there is hereby created the missing senior citizen, missing person with developmental disabilities, and missing person with a dementia disease and related disability alert program, referred to in this section as the program, to be implemented by the bureau. The program shall be a coordinated effort among the bureau, local law enforcement agencies, and the state's public and commercial television and radio broadcasters.
(2) For the purposes of this section:
(a) Missing person with a dementia disease and related disability means a person:
(I) Whose whereabouts are unknown;
(II) Whose domicile at the time he or she is reported missing is Colorado;
(III) Who has a dementia disease or related disability, as defined in section 25-1-502 (2.5); and
(IV) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.
(a.5) Missing person with developmental disabilities means a person:
(I) Whose whereabouts are unknown;
(II) Whose domicile at the time he or she is reported missing is Colorado;
(III) Who has a verified developmental disability; and
(IV) Whose disappearance poses a credible threat to the safety and health of himself or herself, as determined by a local law enforcement agency.
(b) Missing senior citizen means a person:
(I) Whose whereabouts are unknown;
(II) Whose domicile at the time he or she is reported missing is Colorado;
(III) Whose age at the time he or she is first reported missing is sixty years of age or older and who has a verified impaired mental condition; and
(IV) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.
(3) (a) The bureau shall implement the program as provided in this subsection (3) and pursuant to rules promulgated as provided in subsection (4) of this section.
(b) (I) When a local law enforcement agency receives notice that a senior citizen or person with a dementia disease and related disability is missing, the agency shall require the person's family or legal guardian to provide documentation of the person's impaired mental condition. The agency may follow a procedure established by rule to verify the person is missing and has an impaired mental condition. Once the local law enforcement agency verifies the person is missing and has a verified impaired mental condition, the local law enforcement agency may notify the bureau.
(II) When a local law enforcement agency receives notice that a person with developmental disabilities is missing, the agency shall require the family, legal guardian, or service provider of the missing person with developmental disabilities to provide documentation of the person's developmental disability. The agency may follow a procedure established by rule to verify the person is missing and has a developmental disability. Once the local law enforcement agency verifies the person with developmental disabilities is missing, the local law enforcement agency may notify the bureau.
(c) When notified by a local law enforcement agency that a senior citizen or person with a dementia disease and related disability is missing and has a verified impaired mental condition, or a person with documented developmental disabilities is missing, the bureau shall confirm the accuracy of the information and then issue an alert.
(d) The alert shall be sent to designated media outlets in Colorado. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals as specified by rule.
(e) The alert shall include all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing person and a statement instructing anyone with information related to the missing person to contact his or her local law enforcement agency.
(f) The alert shall be canceled upon bureau notification that the missing person has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing person who is the subject of an alert shall notify the bureau as soon as possible that the missing person has been located.
(4) The executive director of the department of public safety shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title 24, for the implementation of the program. The rules shall include, but need not be limited to:
(a) Procedures for a local law enforcement agency to use to verify whether a senior citizen, person with developmental disabilities, or person with a dementia disease and related disability is missing and to verify whether a senior citizen or person with a dementia disease and related disability has an impaired mental condition or whether a person has a developmental disability and the circumstances under which the agency shall report the missing person to the bureau;
(b) The process to be followed by the bureau in confirming the local law enforcement agency's information;
(c) The process for reporting the information to designated media outlets in Colorado; and
(d) Any additional processes concerning implementation of the program.
Source: L. 2006: Entire section added, p. 306, § 1, effective April 4. L. 2007: Entire section amended, p. 15, § 1, effective February 16. L. 2018: (1), (2)(a), (3)(b)(I), (3)(c), (3)(e), (3)(f), IP(4), and (4)(a) amended and (2)(a.5) added, (HB 18-1091), ch. 74, p. 646, § 15, effective August 8.
24-33.5-415.9. Local recovery programs for persons who wander - administration - rules - grants to local governments - requirements for recovery programs for persons who wander - website - cash fund - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that:
(a) There are currently millions of people in the United States with medical conditions that cause wandering, with many of these individuals becoming lost and missing.
(b) In Colorado, there are currently estimated to be approximately seventy-nine thousand people with medical conditions, such as Alzheimer's disease and related dementias, autism, brain injury, or developmental, cognitive, neurological, or chromosomal disorders that may cause people to wander.
(c) It is estimated that the number of people in Colorado with Alzheimer's disease alone will increase to approximately one hundred forty thousand by 2025.
(d) Local law enforcement agencies currently expend significant resources searching for individuals with medical conditions who wander and become lost and missing.
(e) Technology enabling the quick location of missing and lost individuals now exists, and the use of this technology would be beneficial to the citizens of Colorado by allowing lost and missing individuals to be located quickly and safely in a manner that is more cost-effective for the citizens of Colorado.
(f) Establishing a grant program to encourage county sheriffs' departments, municipalities, and county or municipal designees to establish recovery programs for persons who wander pursuant to this section will be beneficial to the citizens of Colorado by providing tools that will increase the chances of saving the lives of lost and missing persons.
(1.5) As used in this section, unless the context otherwise requires:
(a) Designee means an organization designated by a county or municipality to administer a recovery program for persons who wander.
(b) Participant means a person who has a medical condition such as Alzheimer's disease and related dementias, autism, brain injury, or developmental, cognitive, neurological, or chromosomal disorders, that may cause them to wander and who participates in a recovery program for persons who wander.
(c) Recovery program for persons who wander means a program under which a participant has a device that may be used to assist in attempting to electronically locate the participant.
(2) The general assembly encourages each county, any combination of counties, each municipality, any combination of municipalities, any combination of counties and municipalities, or designees to implement and maintain a recovery program for persons who wander.
(3) The executive director shall serve as the liaison to recovery programs for persons who wander and shall administer the state grant money awarded for the purpose of starting or maintaining recovery programs for persons who wander. The executive director may promulgate such rules as are necessary for the administration of this section, including but not limited to annual deadlines for submitting grant applications, reporting of search and rescue statistics using technology obtained under this section, and implementation and maintenance policies for recovery programs for persons who wander. The executive director shall ensure that grants are only awarded to those recovery programs for persons who wander that ensure that every participant in the program is enrolled by their caregiver.
(4) (a) If a county, municipality, or designee either has a recovery program for persons who wander or chooses to initiate a recovery program for persons who wander, it may submit a written grant application in a form specified by the executive director. Counties, municipalities, and designees may submit grant applications jointly. The grant application shall include but not be limited to:
(I) An estimate of the number of people who are at risk of wandering and might qualify for assistance under the recovery program for persons who wander;
(II) An estimate of the startup or maintenance cost of the recovery program for persons who wander; and
(III) A statement of the number of personnel available for tracking lost individuals.
(b) The executive director shall prioritize the grant awards in accordance with the respective needs of each county, municipality, or designee for tracking services and the availability of local funding sources, as documented in the grant applications submitted pursuant to subsection (4)(a) of this section. Awards to qualifying counties, municipalities, and designees shall be prorated in accordance with the availability of state grant money.
(5) (a) If a county, municipality, or designee accepts a grant under this section, the county, municipality, or designee shall use such grant money for equipment costs, training of search personnel, outreach about recovery programs for persons who wander, and any other costs required to implement or maintain a recovery program for persons who wander.
(b) All counties, municipalities, or designees establishing or maintaining a recovery program for persons who wander under this section shall work with organizations who provide services to individuals with medical conditions such as Alzheimer's disease and related dementias, autism, brain injury, or developmental, cognitive, neurological, or chromosomal disorders, that may cause them to wander to provide information to any family member of a participant in a recovery program for persons who wander about wandering, how to prevent wandering, and how to respond to wandering.
(c) The bureau shall provide all counties, municipalities, or designees establishing or maintaining a recovery program for persons who wander under this section with any information the bureau concludes is necessary to effectively initiate or maintain a recovery program for persons who wander.
(5.5) Not later than January 1, 2023, the bureau shall establish and maintain a website that is available to the public free of charge and that:
(a) Lists those counties, municipalities, or designees that have a recovery program for persons who wander and who may qualify to participate in those programs;
(b) Describes how to contact the counties, municipalities, or designees that have a recovery program for persons who wander;
(c) Lists resources for caretakers of persons with medical conditions that cause wandering;
(d) Provides procedures to follow when a participant of a recovery program for persons who wander is determined to be missing;
(e) Describes how the recovery technology used by the recovery programs for persons who wander works; and
(f) Provides any other information the bureau concludes is necessary to better explain and publicize recovery programs for persons who wander.
(6) There is hereby created in the state treasury the recovery program for persons who wander cash fund. The money in the cash fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of this section, including grants to counties, municipalities, and designees to initiate and maintain recovery programs for persons who wander and the creation and maintenance of the website described in subsection (5.5) of this section. Any interest earned on the investment of money in the cash fund remains in the cash fund and does not revert to the general fund of the state at the end of any fiscal year.
Source: L. 2007: Entire section added, p. 1395, § 2, effective May 30. L. 2022: (1)(b), (1)(f), (2), (3), IP(4)(a), (4)(a)(I), (4)(a)(II), (4)(b), (5), and (6) amended and (1.5) and (5.5) added, (SB 22-187), ch. 245, p. 1822, § 1, effective August 10.
24-33.5-416. Colorado organized crime strike force - established. (Repealed)
Source: L. 84: Entire section added, p. 682, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-416.5. Blue alert program - definitions - rules. (1) The general assembly hereby finds that:
(a) A person who kills or inflicts a life-threatening injury upon a peace officer poses a serious and imminent threat to the safety of the public;
(b) When a person kills or inflicts a life-threatening injury upon peace officer, the first few hours after the act are critically important to apprehending the person; and
(c) It is therefore necessary to create an alert system to facilitate the immediate apprehension of such persons by law enforcement agencies of the state.
(2) As used in this section, unless the context otherwise requires:
(a) Blue alert means an alert issued by the bureau pursuant to the provisions of this section.
(b) Designated broadcaster means a broadcaster that is designated by rules promulgated pursuant to paragraph (e) of subsection (4) of this section to receive and broadcast a blue alert.
(c) Notification period means the period of time established by rules promulgated pursuant to paragraph (c) of subsection (4) of this section, during which time a blue alert shall remain effective unless it is canceled by the bureau as described in paragraph (g) of subsection (3) of this section.
(d) Peace officer means:
(I) Any peace officer described by the provisions of part 1 of article 2.5 of title 16, C.R.S.; and
(II) A federal law enforcement officer who is authorized to carry a firearm and make arrests for violations of federal law.
(e) Program means the blue alert program created pursuant to paragraph (a) of subsection (3) of this section.
(3) (a) To facilitate the immediate apprehension of persons who kill or inflict life-threatening injuries upon peace officers, there is hereby created the blue alert program to be implemented by the bureau on and after January 1, 2012. The program shall be a coordinated effort among the bureau, law enforcement agencies, and the state's public and commercial television and radio broadcasters.
(b) Using procedures established by rules promulgated pursuant to subsection (4) of this section, a law enforcement agency may notify the bureau after verifying that a peace officer has been killed or has received a life-threatening injury and the suspect or suspects have fled the scene of the offense.
(c) Upon receipt of a notice from a law enforcement agency that a peace officer has been killed or has received a life-threatening injury and the suspect or suspects have fled the scene of the offense, the bureau, using procedures established by rules promulgated pursuant to subsection (4) of this section, shall confirm the accuracy of the information and issue a blue alert.
(d) The bureau shall send the blue alert, including the notification period associated with the blue alert, to each designated broadcaster to be broadcast at designated intervals as specified in rules promulgated pursuant to subsection (4) of this section.
(e) A blue alert shall include:
(I) All appropriate information that the reporting law enforcement agency has that may assist in the apprehension of the suspect or suspects;
(II) A statement instructing anyone with information related to the killing or injuring of the peace officer to contact his or her local law enforcement agency; and
(III) A warning that the suspect or suspects are dangerous and that members of the public should not attempt to apprehend the suspect or suspects themselves.
(f) A federal, state, or local law enforcement agency that locates or apprehends the suspect or suspects shall notify the bureau as soon as practicable of such fact.
(g) A blue alert shall be canceled when the bureau notifies the designated broadcaster that the suspect or suspects have been apprehended or at the end of the notification period, whichever occurs first.
(4) On or before November 1, 2011, the executive director of the department of public safety shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title, for the implementation of the program. The rules shall include, but need not be limited to:
(a) Procedures for a law enforcement agency to use to notify the bureau that a peace officer has been killed or has received a life-threatening injury and the suspect or suspects have fled the scene of the offense;
(b) Procedures for the bureau to follow in confirming the reporting law enforcement agency's information and reporting the information to each designated broadcaster;
(c) The establishment of a notification period to be used for each blue alert;
(d) The intervals at which designated broadcasters shall issue a blue alert; and
(e) A list of designated broadcasters who have volunteered to participate in the broadcasting of blue alerts.
Source: L. 2011: Entire section added, (HB 11-1036), ch. 24, p. 60, § 1, effective March 17.
24-33.5-416.7. Medina alert program - legislative declaration - definitions - rules. (1) The general assembly hereby finds that:
(a) A person who kills or inflicts a serious bodily injury upon a person during a motor vehicle accident and flees the scene poses a serious and imminent threat to the safety of the public;
(b) When a person kills or inflicts a serious bodily injury upon a person during a motor vehicle accident and flees the scene, the first few hours after the act are critically important to apprehending the person; and
(c) It is therefore necessary to create an alert system to facilitate the immediate apprehension of such persons by law enforcement agencies of the state.
(2) As used in this section, unless the context otherwise requires:
(a) Designated broadcaster means a broadcaster that is designated by rules promulgated pursuant to paragraph (e) of subsection (4) of this section to receive and broadcast a Medina alert.
(b) Hit-and-run accident means an incident when the driver of a vehicle involved in an accident fails to stop at the scene of the accident as required by section 42-4-1601, C.R.S.
(c) Medina alert means an alert issued by the bureau pursuant to the provisions of this section.
(d) Notification period means the period of time established by rules promulgated pursuant to paragraph (c) of subsection (4) of this section, during which time a Medina alert must remain effective unless it is canceled by the bureau as described in paragraph (g) of subsection (3) of this section.
(e) Program means the Medina alert program created pursuant to paragraph (a) of subsection (3) of this section.
(f) Serious bodily injury has the same meaning as defined in section 42-4-1601 (4)(b), C.R.S.
(3) (a) To facilitate the immediate apprehension of persons who kill or cause serious bodily injury to another person during a hit-and-run accident, there is created the Medina alert program to be implemented by the bureau on and after January 1, 2015. The program is a coordinated effort among the bureau, law enforcement agencies, and the state's public and commercial television and radio broadcasters.
(b) Using procedures established by rules promulgated pursuant to subsection (4) of this section, a law enforcement agency may notify the bureau after verifying that:
(I) A person has been killed or has suffered serious bodily injury during a hit-and-run accident; and
(II) The law enforcement agency has additional information concerning the suspect or the suspect's vehicle, including but not limited to:
(A) A complete license plate number of the suspect's vehicle;
(B) A partial license plate number and the make, style, and color of the suspect's vehicle; or
(C) The identity of the suspect.
(c) Upon receipt of a notice from a law enforcement agency that a person has been killed or has suffered serious bodily injury during a hit-and-run accident and there is additional information concerning the suspect or the suspect's vehicle, the bureau, using procedures established by rules promulgated pursuant to subsection (4) of this section, shall confirm the accuracy of the information and issue a Medina alert.
(d) The bureau shall send the Medina alert, including the notification period associated with the Medina alert, to each designated broadcaster to be broadcast at designated intervals as specified in rules promulgated pursuant to subsection (4) of this section.
(e) A Medina alert must include:
(I) All appropriate information that the reporting law enforcement agency has that may assist in the apprehension of the suspect or suspects;
(II) A statement instructing anyone with information related to the hit-and-run accident to contact his or her local law enforcement agency; and
(III) A warning that the suspect or suspects are dangerous and that members of the public should not attempt to apprehend the suspect or suspects themselves.
(f) A federal, state, or local law enforcement agency that locates or apprehends the suspect or suspects shall notify the bureau as soon as practicable of such fact.
(g) A Medina alert is canceled when the bureau notifies the designated broadcaster that the suspect or suspects have been apprehended or at the end of the notification period, whichever occurs first.
(4) On or before January 1, 2015, the executive director of the department of public safety shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title, for the implementation of the program. The rules shall include but need not be limited to:
(a) Procedures for a law enforcement agency to use to notify the bureau that a person has been killed or has suffered serious bodily injury during a hit-and-run accident and there is additional information concerning the suspect or the suspect's vehicle;
(b) Procedures for the bureau to follow in confirming the reporting law enforcement agency's information and reporting the information to each designated broadcaster;
(c) The establishment of a notification period to be used for each Medina alert;
(d) The intervals at which designated broadcasters shall issue a Medina alert; and
(e) A list of designated broadcasters who have volunteered to participate in the broadcasting of Medina alerts.
(5) The bureau and the department of transportation shall coordinate the priority of other messages for the public when determining whether to issue a Medina alert on the department of transportation's variable message signs.
Source: L. 2014: Entire section added, (HB 14-1191), ch. 64, p. 285, § 1, effective March 25.
24-33.5-417. Definition. (Repealed)
Source: L. 84: Entire section added, p. 682, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-418. Agent in charge - powers and duties. (Repealed)
Source: L. 84: Entire section added, p. 682, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-419. Advisory commission - powers and duties. (Repealed)
Source: L. 84: Entire section added, p. 683, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-420. Peace officer staff - qualifications - powers. (Repealed)
Source: L. 84: Entire section added, p. 683, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-421. Cooperation with local authorities. (Repealed)
Source: L. 84: Entire section added, p. 683, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-422. Cooperation with attorney general. (Repealed)
Source: L. 84: Entire section added, p. 683, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-423. Repeal of sections. (Repealed)
Source: L. 84: Entire section added, p. 684, § 16, effective March 29.
Editor's note: Section 24-33.5-423 provided for the repeal of §§ 24-33.5-416 to 24-33.5-423, effective July 1, 1986. (See L. 84, p. 684.)
24-33.5-424. National instant criminal background check system - state point of contact - fee - grounds for denial of firearm transfer - appeal - rule-making - unlawful acts - instant criminal background check cash fund - creation. (1) For purposes of this section:
(a) 18 U.S.C. sec. 922 (t) means 18 U.S.C. sec. 922 (t) as it exists as of March 7, 2000, or as it may be amended.
(b) Firearm has the same meaning as set forth in 18 U.S.C. sec. 921 (a)(3), as amended.
(c) NICS system means the national instant criminal background check system created by Public Law 103-159, known as the federal Brady Handgun Violence Prevention Act, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t).
(d) Transfer means the sale or delivery of any firearm in this state by a transferor to a transferee. Transfer shall include redemption of a pawned firearm by any person who is not licensed as a federal firearms licensee by the federal bureau of alcohol, tobacco, firearms, and explosives, or any of its successor agencies. Transfer shall not include the return or replacement of a firearm that had been delivered to a federal firearms licensee for the sole purpose of repair or customizing.
(e) Transferee means any person who is not licensed as a federal firearms licensee by the federal bureau of alcohol, tobacco, firearms, and explosives, or any of its successor agencies, in accordance with the federal Gun Control Act of 1968, chapter 44 of title 18 U.S.C., as amended, and to whom a transferor wishes to sell or deliver a firearm.
(f) Transferor means any licensed importer, licensed manufacturer, or licensed dealer as defined in 18 U.S.C. sec. 921 (a)(9), (a)(10), and (a)(11), as amended, respectively.
(2) The bureau is hereby authorized to serve as a state point of contact for implementation of 18 U.S.C. sec. 922 (t), all federal regulations and applicable guidelines adopted pursuant thereto, and the NICS system.
(3) (a) The bureau, acting as the state point of contact for implementation of 18 U.S.C. sec. 922 (t), shall transmit a request for a background check in connection with the prospective transfer of a firearm to the NICS system and may also search other databases. The bureau shall deny a transfer of a firearm to a prospective transferee if the transfer would violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation of any provision of state law involving acts which, if committed by an adult, would constitute a burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
(b) (I) In addition to the grounds for denial specified in paragraph (a) of this subsection (3), the bureau shall deny a transfer of a firearm if, at any time the bureau transmits the request or searches other databases, information indicates that the prospective transferee:
(A) Has been arrested for or charged with a crime for which the prospective transferee, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm and either there has been no final disposition of the case or the final disposition is not noted in the other databases; or
(B) Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. sec. 921 (a)(20), as amended, and either there has been no final disposition of the case or the final disposition is not noted in the other databases.
(II) Repealed.
(III) [Editor's note: Subsection (3)(b)(III) is effective (see editor's note following this section)] In addition to the grounds for denial specified in subsections (3)(a), (3)(b)(I), and (3)(b.3) of this section, the bureau shall deny a transfer of a firearm to a person who has voluntarily waived the right to purchase a firearm, as described in section 24-33.5-424.7, while the waiver is in effect.
(b.3) In addition to the grounds for denial specified in subsections (3)(a) and (3)(b) of this section, the bureau shall deny a transfer of a firearm if the prospective transferee has been convicted of any of the following offenses committed on or after June 19, 2021, if the offense is classified as a misdemeanor, or if the prospective transferee has been convicted in another state or jurisdiction, including a military or federal jurisdiction, of an offense that, if committed in Colorado, would constitute any of the following offenses classified as a misdemeanor offense, within five years prior to the transfer:
(I) Assault in the third degree, as described in section 18-3-204;
(II) Sexual assault, as described in section 18-3-402 (1)(e);
(III) Unlawful sexual contact, as described in section 18-3-404;
(IV) Child abuse, as described in section 18-6-401;
(V) Violation of a protection order, as described in section 18-6-803.5 (1)(a) and (1)(c)(I);
(VI) A crime against an at-risk person, as described in section 18-6.5-103;
(VII) Harassment, as described in section 18-9-111 (1)(a);
(VIII) A bias-motivated crime, as described in section 18-9-121;
(IX) Cruelty to animals, as described in section 18-9-202 (1)(a) and (1.5);
(X) Possession of an illegal weapon, as described in section 18-12-102 (4);
(XI) Unlawfully providing a firearm other than a handgun to a juvenile, as described in section 18-12-108.7 (3);
(XII) Unlawful conduct involving an unserialized firearm, frame, or receiver, as described in section 18-12-111.5; or
(XIII) Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm, as described in section 18-12-116.
(b.5) The bureau shall not approve a transfer of a firearm until the bureau determines that its background investigation is complete and that the transfer would not violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation of state law.
(c) The bureau is authorized to cooperate with federal, state, and local law enforcement agencies to perform or assist any other law enforcement agency in performing any firearm retrievals, and to assist in the prosecution of any rescinded transfers.
(3.5) (a) On and after March 20, 2013, the bureau shall impose a fee for performing an instant criminal background check pursuant to this section. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing the background check.
(b) The bureau shall transmit all moneys collected pursuant to this subsection (3.5) to the state treasurer, who shall credit the same to the instant criminal background check cash fund, which fund is hereby created and referred to in this subsection (3.5) as the fund.
(c) The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct costs associated with performing background checks pursuant to this section. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit any interest and income derived from the deposit and investment of moneys in the fund to the fund.
(d) Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited to any other fund. To the extent practicable, the bureau shall use any such remaining funds to reduce the amount of the fee described in paragraph (a) of this subsection (3.5).
(e) The bureau is authorized to contract with a public or private entity for services related to the collection of the fee described in paragraph (a) of this subsection (3.5).
(f) Notwithstanding section 24-1-136 (11)(a)(I), on January 15, 2014, and on January 15 of each calendar year thereafter, the bureau shall report to the joint budget committee concerning:
(I) The number of full-time employees used by the bureau in the preceding year for the purpose of performing background checks pursuant to this section; and
(II) The calculations used by the bureau to determine the amount of the fee imposed pursuant to this subsection (3.5).
(g) Repealed.
(4) Pursuant to section 16-21-103 (4)(c), C.R.S., and section 19-1-304 (1)(b.8), C.R.S., the bureau shall receive and process information concerning final case disposition data of any cases prosecuted in a court in this state within seventy-two hours after the final disposition of the case for purposes of carrying out its duties under this section.
(5) (a) Upon denial of a firearm transfer, the bureau shall notify the transferor and send notice of the denial to the NICS system, pursuant to 18 U.S.C. sec. 922 (t). In addition, the bureau shall immediately send notification of such denial and the basis for the denial to the federal, state, and local law enforcement agencies having jurisdiction over the area in which the transferee resides and in which the transferor conducts any business.
(b) Upon denial of a firearm transfer, the transferor shall provide the transferee with written information prepared by the bureau concerning the procedure by which the transferee, within thirty days after the denial, may request a review of the denial and of the instant criminal background check records that prompted the denial. Within sixty days after receiving such a request, the bureau shall:
(I) Perform a thorough review of the instant criminal background check records that prompted the denial; and
(II) Render a final administrative decision regarding the denial.
(c) Repealed.
(d) If the bureau reverses a denial, the bureau shall immediately request that the agency that provided the records prompting the denial make a permanent change to such records if necessary to reflect accurate information. In addition, the bureau shall provide immediate notification of such reversal to all agencies and entities that had been previously notified of a denial pursuant to paragraph (a) of this subsection (5).
(6) If in the course of conducting any background check pursuant to this section, whether the firearms transaction is approved or denied, the bureau obtains information that indicates the prospective transferee is the subject of an outstanding warrant, the bureau shall immediately provide notification of such warrant to the federal, state, and local law enforcement agencies having jurisdiction over the area in which the transferee resides and in which the transferor conducts any business.
(7) (a) The executive director or his or her designee shall adopt such rules as are necessary to:
(I) Carry out the duties of the bureau as the state point of contact, as those duties are set forth in federal law, and assist in implementing 18 U.S.C. sec. 922 (t), all federal regulations and applicable guidelines adopted pursuant thereto, and the NICS system; and
(II) Ensure the proper maintenance, confidentiality, and security of all records and data provided pursuant to this section.
(b) The rules adopted pursuant to paragraph (a) of this subsection (7) shall include, but need not be limited to:
(I) Procedures whereby a prospective transferee whose transfer is denied may request a review of the denial and of the instant criminal background check records that prompted the denial;
(II) Procedures regarding retention of records obtained or created for purposes of this section or for implementation of 18 U.S.C. sec. 922 (t); except that the bureau shall not retain a record for more than forty-eight hours after the day on which the bureau approves the transfer;
(III) Procedures and forms adopted by the bureau that request information from and establish proper identification of a prospective transferee and that may correspond with any firearms transaction record required by 18 U.S.C. sec. 922 (t). Such procedures and forms shall not preclude any person from making a lawful firearm transfer under this section.
(IV) Procedures for carrying out the duties under this section, including at a minimum:
(A) That the bureau shall be open for business at least twelve hours per day every calendar day, except Christmas day and Thanksgiving day, in order to transmit the requests for a background check to the NICS system and search other databases;
(B) That the bureau shall provide a toll-free telephone number for any person calling from within the state that is operational every day that the office is open for business for the purpose of responding to requests from transferors in accordance with this section; and
(C) That the bureau shall employ and train personnel at levels that ensure prompt processing of the reasonably anticipated volume of inquiries received under this section.
(8) Nothing in this section shall be construed to create any civil cause of action for damages in addition to that which is available under the Colorado Governmental Immunity Act, article 10 of this title.
(9) No act performed by the bureau or its agents in carrying out their lawful duties under this section shall be construed to be a violation of any provision of title 18, C.R.S.
(10) (a) It is unlawful for:
(I) Any person, in connection with the acquisition or attempted acquisition of a firearm from any transferor, to willfully make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification that is intended or likely to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under federal or state law;
(II) Any transferor knowingly to request criminal history record information or a background check under false pretenses or knowingly to disseminate criminal history record information to any person other than the subject of such information;
(III) Any agent or employee or former agent or employee of the bureau knowingly to violate the provisions of this section.
(b) Any person who violates the provisions of subsection (10)(a) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(11) Any transferor who complies with the provisions of this section shall not be subject to any civil or criminal liability or regulatory sanction that may arise from the lawful transfer or lawful denial of the transfer of a firearm.
Source: L. 2000: Entire section added, p. 8, § 3, effective March 7. L. 2002: (10)(b) amended, p. 1533, § 252, effective October 1. L. 2007: (1)(d) and (1)(e) amended, p. 2035, § 53, effective June 1. L. 2010: (3)(b)(II) repealed, (HB 10-1391), ch. 363, p. 1718, § 1, effective June 7; (5)(b) and (5)(c) amended, (HB 10-1411), ch. 370, p. 1737, § 1, effective June 7. L. 2013: (3.5) added, (HB 13-1228), ch. 46, p. 125, § 1, effective March 20. L. 2017: IP(3.5)(f) amended, (HB 17-1059), ch. 91, p. 278, § 6, effective August 9. L. 2019: (1)(d) and (1)(e) amended, (SB 19-241), ch. 390, p. 3469, § 28, effective August 2. L. 2021: (3)(b.3) and (3)(b.5) added, IP(5)(b) and (5)(b)(II) amended, and (5)(c) repealed, (HB 21-1298), ch. 268, p. 1553, § 2, effective June 19; (10)(b) amended, (SB 21-271), ch. 462, p. 3227, § 421, effective March 1, 2022. L. 2023: (3)(b.3)(X) and (3)(b.3)(XI) amended and (3)(b.3)(XII) added, (SB 23-279), ch. 311, p. 1897, § 4, effective June 2; (3)(a) amended, (HB 23-1301), ch. 303, p. 1826, § 36, effective August 7. L. 2025: (3)(b.3)(XI) and (3)(b.3)(XII) amended and (3)(b.3)(XIII) added, (SB 25-003), ch. 68, p. 299, § 5, effective April 10; (3)(b)(III) added, (SB 25-034), ch. 340, p. 1842, § 5, effective (see editor's note).
Editor's note: (1) Subparagraph (3.5)(g)(II) provided for the repeal of subsection (3.5)(g), effective July 1, 2014. (See L. 2013, p. 125.)
(2) Section 7 of chapter 311 (SB 23-279), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after June 2, 2023.
(3) Section 6(2) of chapter 340 (SB 25-034), Session Laws of Colorado 2025, provides that subsection (3)(b)(III) is effective upon receipt of the notice to the revisor of statutes required by § 24-33.5-424.7 (8). As of publication date, the revisor of statutes has not received the notice referred to in § 24-33.5-424.7 (8).
Cross references: (1) For the legislative declaration contained in the 2000 act enacting this section, see section 1 of chapter 5, Session Laws of Colorado 2000. For the legislative declaration contained in the 2002 act amending subsection (10)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the short title (Colorado Voluntary Do-Not-Sell Act) and the legislative declaration in SB 25-034, see sections 1 and 2 of chapter 340, Session Laws of Colorado 2025.
24-33.5-424.5. Fingerprint-based criminal history record checks - local government entities - definitions. (1) (a) A local government entity that requires by ordinance or resolution, in accordance with 34 U.S.C. sec. 41101, that an applicant or licensee submit to a fingerprint-based criminal history record check shall submit the applicant's or licensee's fingerprints to the Colorado bureau of investigation for the purpose of conducting the fingerprint-based criminal history record check.
(b) The applicant, licensee, or local government entity, as required by ordinance or resolution, must pay the costs associated with the fingerprint-based criminal history record check.
(c) After submitting an application that requires a fingerprint-based criminal history record check, the applicant or licensee shall have the applicant's or licensee's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant or licensee shall authorize the entity taking the applicant's or licensee's fingerprints to submit, and the entity shall submit, the complete set of the applicant's or licensee's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(d) If an approved third party takes the applicant's or licensee's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's or licensee's information for more than thirty days after the information is collected.
(e) The Colorado bureau of investigation shall use the applicant's or licensee's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, licensee, local government entity, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.
(f) The Colorado bureau of investigation shall return the results of its criminal history record check to the local government entity, and the local government entity is authorized to receive the results of the federal bureau of investigation's criminal history record check. The local government entity shall use the information resulting from the criminal history record check to investigate and determine whether an applicant or licensee is qualified.
(g) When the results of a fingerprint-based criminal history record check of an applicant or licensee performed pursuant to this section reveal a record of arrest without a disposition, the local government entity shall require the applicant or licensee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.
(2) As used in this section:
(a) Applicant means an individual who a local government entity requires by ordinance or resolution to submit to a fingerprint-based criminal history record check as part of an application for a license, certificate, certification, letter of authorization, or registration.
(b) Licensee means an individual who a local government entity requires by ordinance or resolution to submit to a fingerprint-based criminal history record check in connection with a license, certificate, certification, letter of authorization, or registration.
(c) Local government entity includes a county, municipality, and city and county.
Source: L. 2025: Entire section added, (SB 25-146), ch. 342, p. 1851, § 2, effective June 2.
24-33.5-424.7. Voluntary waiver of the right to purchase a firearm - revocation of waiver - rules - notice to revisor - definitions. (1) [Editor's note: Subsection (1) is effective (see editor's note following this section)] As used in this section, unless the context otherwise requires:
(a) Contact person means the person designated as a contact pursuant to subsection (3)(b) of this section by the person voluntarily waiving the right to purchase a firearm.
(b) Voluntary waiver means a voluntary waiver of the right to purchase a firearm as described in this section.
(2) [Editor's note: Subsection (2) is effective (see editor's note following this section)]
(a) A person may voluntarily waive the right to purchase a firearm. Pursuant to section 24-33.5-424 (3)(b)(III), while the waiver is in effect, the bureau shall deny the transfer of a firearm to a person who voluntarily waived the right to purchase a firearm.
(b) The bureau shall develop an online portal for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver.
(3) [Editor's note: Subsection (3) is effective (see editor's note following this section)]
(a) To voluntarily waive the right to purchase a firearm, a person must file a voluntary waiver with the bureau. The bureau shall verify the person's identity prior to accepting the voluntary waiver.
(b) A person who voluntarily waives the right to purchase a firearm may designate one or more contact persons who will be contacted, pursuant to this section, if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the person revokes the voluntary waiver.
(c) The bureau shall immediately notify the person who filed the voluntary waiver and each contact person when the bureau accepts the filer's voluntary waiver.
(d) No later than twenty-four hours after accepting a voluntary waiver, the bureau shall enter the voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms.
(e) A voluntary waiver is confidential. The bureau shall not disclose records of a voluntary waiver, except as expressly permitted in this section or as ordered by a court.
(4) [Editor's note: Subsection (4) is effective (see editor's note following this section)] If the bureau denies the transfer of a firearm to a person because the person voluntarily waived the right to purchase a firearm, the bureau shall notify each contact person of the attempted transfer no later than twenty-four hours after the bureau denies the transfer.
(5) [Editor's note: Subsection (5) is effective (see editor's note following this section)]
(a) To revoke a voluntary waiver, a person must file for revocation with the bureau. The bureau shall verify the person's identity prior to accepting the revocation. The waiver remains in effect for thirty days after the bureau accepts the revocation.
(b) The bureau shall notify each contact person of the revocation no later than twenty-four hours after the bureau receives the revocation request.
(c) Thirty days after the bureau accepts the revocation, and unless the person is otherwise ineligible to possess a firearm pursuant to state or federal law, the bureau shall remove the person's information from the national instant criminal background check system and any other federal or state computer-based systems in which the person was entered and that are used by law enforcement agencies or others to identify prohibited purchasers of firearms, and the bureau shall destroy all records of the voluntary waiver.
(6) [Editor's note: Subsection (6) is effective (see editor's note following this section)] The executive director of the department may adopt rules as necessary for the implementation of this section.
(7) (a) The department may seek, accept, and expend gifts, grants, or donations from private or public sources to develop and maintain the online portal described in subsection (2)(b) of this section. The department shall not implement this section until it receives two hundred thousand dollars of gifts, grants, and donations for the online portal.
(b) Notwithstanding section 24-75-1305, for state fiscal year 2026-27 and any subsequent fiscal year, the general assembly may appropriate money from the general fund for the online portal.
(8) Subsections (1) to (6) of this section will take effect if the department receives two hundred thousand dollars of gifts, grants, or donations to develop and maintain the online portal described in subsection (2)(b) of this section. The executive director of the department of public safety shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection (8) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. Subsections (1) to (6) of this section take effect upon the date identified in the notice that the department has received two hundred thousand dollars of gifts, grants, or donations for the online portal or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Source: L. 2025: Entire section added, (SB 25-034), ch. 340, p. 1840, § 3, effective August 6 (see editor's note).
Editor's note: Subsection (8) provides that subsections (1) to (6) will take effect if the department receives two hundred thousand dollars of gifts, grants, or donations to develop and maintain the online portal described in subsection (2)(b) and the director notifies the revisor of statutes. Subsections (1) to (6) take effect upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. As of publication date, the revisor of statutes has not received the notice referred to in this section.
Cross references: For the short title (Colorado Voluntary Do-Not-Sell Act) and the legislative declaration in SB 25-034, see sections 1 and 2 of chapter 340, Session Laws of Colorado 2025.
24-33.5-425. Cold case homicide team. (1) There is hereby created a cold case homicide team in the bureau, referred to in this section as the team.
(2) (a) The team shall develop a database that shall contain information related to each homicide investigation that is open in a Colorado jurisdiction for more than three years from the date of the commission of the crime and was committed since 1970. The bureau shall adopt rules that specify the information that shall be collected and maintained in the database, including the information required pursuant to paragraph (b) of subsection (3) of this section.
(b) Each law enforcement agency in the state shall provide the information required for inclusion in the database for each homicide investigation that is open in a Colorado jurisdiction for more than three years from the date of the commission of the crime and was committed since 1970. The law enforcement agency shall maintain the physical evidence and investigation file for each such case unless otherwise agreed by the law enforcement agency and the bureau.
(3) (a) The team may provide assistance to local law enforcement agencies, upon request and within existing appropriations, on homicide investigations. If the team declines to provide assistance to a local law enforcement agency after a request is made pursuant to this subsection (3), the team shall provide the local law enforcement agency with a written explanation for its decision, which may include but need not be limited to lack of resources and shall include the written explanation in the database created in subsection (2) of this section.
(b) A family member of a homicide victim may request that the local law enforcement agency investigating the homicide ask the team for assistance in investigating the homicide. The local law enforcement agency shall decide whether to ask the team for assistance. Within thirty days after receiving a request from a family member, the local law enforcement agency shall notify the family member whether it will seek the assistance of the team. If the local law enforcement agency decides not to seek the assistance of the team, it shall inform the family member of its reasons for the decision in writing and provide that same information in writing to the bureau for inclusion in the database created in subsection (2) of this section. If the local law enforcement agency decides to seek the assistance of the team, it shall contact the team and request the assistance. Within thirty days after receiving a request from a local law enforcement agency, the team shall notify the local law enforcement agency regarding whether it will offer assistance to the local law enforcement agency. If the team decides not to offer assistance to the local law enforcement agency, it shall inform the local law enforcement agency of the reasons for its decision in writing and include those reasons in the database created in subsection (2) of this section.
Source: L. 2007: Entire section added, p. 1894, § 1, effective June 1.
24-33.5-426. Colorado bureau of investigation identification unit fund. All moneys collected by the department for the purposes of fingerprint criminal history record checks and name criminal history record checks shall be transmitted to the state treasurer, who shall credit the same to the Colorado bureau of investigation identification unit fund, which fund is hereby created and referred to in this section as the fund. In addition, the fund may consist of moneys that may be appropriated to the fund by the general assembly. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with conducting criminal history record checks. Any moneys in the fund not expended for the purpose of criminal history record checks may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2008: Entire section added, p. 81, § 1, effective August 5.
24-33.5-427. Colorado bureau of investigation grants and donations fund. The department is authorized to seek, accept, and expend grants or donations from private or public sources for the purposes of this part 4; except that the department may not seek, accept, or expend a grant or donation that is subject to conditions that are inconsistent with this part 4 or any other law of the state. The department shall transmit all private and public moneys received through grants or donations to the state treasurer, who shall credit the same to the Colorado bureau of investigation grants and donations fund, which fund is hereby created and referred to in this section as the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the department for the purposes of this part 4. The state treasurer shall credit all interest derived from the deposit and investment of moneys in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund remain therein and shall not be credited or transferred to the general fund or any other fund. Moneys received pursuant to this section are not subject to the provisions of part 13 of article 75 of this title.
Source: L. 2012: Entire section added, (SB 12-010), ch. 198, p. 795, § 1, effective August 8.
24-33.5-428. State toxicology laboratory - fund. (1) On or before July 1, 2015, and thereafter, the bureau shall operate a state toxicology laboratory for the purpose of assisting law enforcement agencies in executing their duties, including but not limited to the enforcement of laws pertaining to driving under the influence of alcohol or drugs.
(2) (a) The bureau is authorized to impose a fee for performing the work of the laboratory pursuant to this section. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing the work of the laboratory. The bureau shall transmit all moneys collected pursuant to this subsection (2) to the state treasurer, who shall credit the same to the state toxicology laboratory fund, referred to in this section as the fund, which fund is hereby created.
(b) The moneys in the fund are subject to annual appropriation by the general assembly to the bureau to pay the direct and indirect costs associated with performing the work of the laboratory pursuant to this section. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit any interest and income derived from the deposit and investment of moneys in the fund to the fund.
(c) Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited to any other fund.
Source: L. 2014: Entire section added, (HB 14-1340), ch. 124, p. 441, § 1, effective April 18.
24-33.5-429. Electronic fingerprint security - rules. The department may promulgate rules concerning the security of fingerprints that are electronically submitted by any third-party vendor approved by the bureau.
Source: L. 2017: Entire section added, (SB 17-189), ch. 149, p. 505, § 15, effective August 9.
24-33.5-430. Enhance effective investigation and prosecution of computer-facilitated sexual exploitation of children - rules. (1) The bureau shall develop and acquire, and may assist other law enforcement agencies with developing and acquiring, necessary technological or expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child as described in section 18-6-403.
(2) The costs of performing the functions of this section are funded pursuant to the sexual exploitation of children surcharge fund created in section 18-21-103 (3.7).
(3) The bureau may apply for gifts, grants, or donations from the federal government and any public or private source. The bureau shall transmit any money received to the state treasurer for deposit in the sexual exploitation of children surcharge fund created in section 18-21-103 (3.7). The bureau shall perform the functions of this section from general fund money appropriated to the bureau by the general assembly for the performance of the functions of this section and money appropriated from the sexual exploitation of children surcharge fund.
(4) The bureau may promulgate rules as necessary to perform the functions of this section.
Source: L. 2021: Entire section added, (HB 21-1069), ch. 446, p. 2944, § 6, effective September 7.
Cross references: For the legislative declaration in HB 21-1069 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, see sections 1 and 7 of chapter 446, Session Laws of Colorado 2021. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.
24-33.5-431. Missing indigenous persons - interagency cooperation - data repository - alert program - report - rules. (1) (a) The bureau shall cooperate with the office of liaison for missing and murdered indigenous relatives established in section 24-33.5-2603 and federal, state, tribal, and local law enforcement agencies for the efficient investigation of missing or murdered indigenous people.
(b) Any time the bureau receives a report of a missing or murdered indigenous relative, as defined in section 24-33.5-2601, who is a member of a federally recognized tribe, the bureau shall, as soon as practicable, notify the tribal entity of the report.
(2) (a) The bureau is the central repository of information and shall operate a clearinghouse database on missing indigenous persons from Colorado.
(b) As a function of the central repository, the bureau shall prepare and make publicly available an annual report on information compiled from the clearinghouse database. The report must include biographical information collected on missing persons and include information submitted by federal, state, tribal, and local law enforcement agencies.
(c) The bureau may make publicly available information about ongoing missing person investigations to aid in the efficient investigation and swift recovery of missing persons or when otherwise in the public interest.
(3) (a) In order to aid in the safe recovery of missing indigenous persons, the bureau shall operate a missing indigenous person alert program. The program must be a coordinated effort among the bureau, local law enforcement agencies, federally recognized tribes, any governmental agency that may be involved in the search and recovery of a missing person, and the state's public and commercial television and radio broadcasters. The bureau may operate the alert system as a part of any other missing person alert program operated by the bureau.
(b) Upon receiving notice of a missing indigenous person from a law enforcement agency pursuant to section 16-2.7-103, or from any governmental agency that may be involved in the search and recovery of a missing person, the bureau shall confirm the accuracy of the information and then issue an alert. The alert must be sent to designated media outlets in Colorado. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals as specified by rule. The alert must include all appropriate information from the law enforcement agency that may assist in the safe recovery of the missing person and a statement instructing anyone with information related to the missing person to contact a local law enforcement agency.
(c) The bureau shall cancel the alert upon notification that the missing person has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing person who is the subject of an alert shall notify the bureau as soon as possible that the missing person has been located.
(d) The executive director of the department shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title 24, for the implementation of the program. The rules must include:
(I) The process to be followed by the bureau in confirming the local law enforcement agency's information regarding a missing indigenous person;
(II) The process for reporting the information to the federal communications commission's designated state emergency alert system broadcaster in Colorado; and
(III) Any additional processes necessary for the effective implementation of the program.
(e) In its annual report to the committees of reference pursuant to section 2-7-203, the department shall report the number of times and dates when the alert system was used; the age and gender of each missing person; and whether the alert system assisted in locating the missing person. Notwithstanding subsection 24-1-136 (11)(a)(I), the reporting requirement set forth in this subsection (3)(e) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-150), ch. 466, p. 3316, § 4, effective June 8.
Cross references: For the legislative declaration in SB 22-150, see section 1 of chapter 466, Session Laws of Colorado 2022.
24-33.5-432. Appropriation - DNA retesting - sexual assault kit backlog - reporting requirements - definition. (1) The three million dollar appropriation to the department of public safety, in turn appropriated to the bureau with the line item DNA testing and reimbursement in House Bill 24-1430, passed on April 29, 2024, remains available to the bureau until June 30, 2026.
(2) The bureau may enter into contracts with external testing laboratories or agencies that conform to the current version of ISO/IEC 17025 requirements, the appropriate quality assurance standards required by the federal bureau of investigation, and forensic-specific requirements, and are accredited by an organization that is signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangements for Testing Laboratories, to perform DNA retesting on criminal cases involved in the bureau laboratory misconduct that was discovered in 2023.
(3) The bureau may enter into contracts with external testing laboratories or agencies that conform to the current version of ISO/IEC 17025 requirements, the appropriate quality assurance standards required by the federal bureau of investigation, and forensic-specific requirements, and are accredited by an organization that is signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangements for Testing Laboratories, to perform testing on evidence in the bureau's forensic medical evidence backlog, including, but not limited to, testing of sexual assault kits.
(4) The department of public safety shall:
(a) Provide a progress report to the joint budget committee by April 15, 2025, detailing steps the bureau has taken to resolve the testing backlog issue for forensic medical evidence and sexual assault kits;
(b) Utilize the appropriation described in subsection (1) of this section to prioritize and accelerate testing of the backlog of sexual assault kits;
(c) (I) Design and implement, within ninety days after the effective date of this section, a public-facing dashboard on the department of public safety's website that provides reports on the forensic medical evidence and DNA evidence backlogs, including the:
(A) Total caseload numbers subject to the backlog;
(B) Total fiscal year caseload numbers subject to the backlog;
(C) Total number of cases with pending DNA evidence tests;
(D) Total number of sexual assault cases;
(E) Total number of cases with a pending DNA evidence sample collected with attached or independently submitted forensic medical evidence;
(F) Total of number of cases with a pending DNA evidence sample collected from a crime scene involving sexual assault for which no forensic medical evidence has been submitted;
(G) Current average turnaround time for a DNA evidence test;
(H) Current average turnaround time for a forensic medical evidence test;
(I) Total number of tests that the Colorado bureau of investigation has completed in the previous thirty days;
(J) Total number of tests that laboratories with which the Colorado bureau of investigation has contracted have completed in the previous thirty days;
(K) Total number of new DNA tests and forensic medical evidence tests received within the previous thirty days;
(L) Anticipated timeline for the Colorado bureau of investigation to achieve an average ninety-day turnaround time for forensic medical evidence tests;
(M) Information concerning the Colorado bureau of investigation's lab analyst staffing levels; and
(N) The information required pursuant to section 24-33.5-113.5 (4).
(II) The department shall update the dashboard at least every thirty days.
(d) Provide email updates every thirty days beginning March 10, 2025, through June 30, 2026, to the general assembly regarding the forensic medical evidence and sexual assault kit backlogs, which include:
(I) The information required pursuant to subsection (4)(c) of this section; and
(II) Information or updates on difficulties contracting with external labs that may affect the bureau's anticipated testing capacity, volume, turnaround expectations, or other information explaining why the results vary from the projected caseload timeline reflected in the February 10, 2025, bureau whitepaper document provided to the general assembly.
(III) to (IX) (Deleted by amendment, L. 2025).
(5) As used in this section, unless the context otherwise requires, forensic medical evidence includes, but is not limited to, DNA.
Source: L. 2025: Entire section added, (SB 25-170), ch. 29, p. 161, § 1, effective March 26; (4)(c) and (4)(d) amended, (SB 25-304), ch. 414, p. 2353, § 5, effective June 3.
PART 5
DIVISION OF CRIMINAL JUSTICE
Editor's note: Prior to the enactment of this article, the substantive provisions of this part 5 were contained in part 5 of article 32 of this title.
Cross references: For provisions relating to the authority of the division of criminal justice to administer the juvenile diversion program, see § 19-2-303.
24-33.5-501. Legislative declaration. In enacting this part 5, the general assembly declares that its purpose is to improve all areas of the administration of criminal justice in Colorado, both immediately and in the long term, regardless of whether the direct responsibility for action lies at the state level or with the many units of local government. The implementation of this policy is facilitated by the availability of federal funds, but the policy itself is not dependent thereon.
Source: L. 83: Entire article added, p. 935, § 1, effective July 1, 1984.
24-33.5-501.5. Definitions. As used in this part 5, unless the context otherwise requires:
(1) Director means the director the division.
(2) Division means the division of criminal justice created in section 24-33.5-502 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2062, § 150, effective August 6.
24-33.5-502. Division of criminal justice - office of director - created. (1) There is hereby created as a division of the department of public safety the division of criminal justice. The executive director, subject to the provisions of section 13 of article XII of the state constitution, shall appoint the director of the division, which office is hereby created.
(2) The division of criminal justice and the office of the director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety and the executive director.
Source: L. 83: Entire article added, p. 935, § 1, effective July 1, 1984. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3427, § 213, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2062, § 151, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-503. Duties of division. (1) The division has the following duties:
(a) In cooperation with other agencies, to collect and disseminate information concerning crime and criminal justice for the purpose of assisting the general assembly and of enhancing the quality of criminal justice at all levels of government in this state;
(b) To analyze this state's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice and for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such plans, the division shall draw upon the planning capabilities of other agencies, particularly the judicial department and the department of corrections.
(c) To advise and assist law enforcement agencies in this state to improve their law enforcement systems and their relationships with other agencies and the statewide system;
(d) To act as the state planning agency under the federal Crime Control Act of 1973, Pub.L. 93-83;
(e) To do all things necessary to apply for, qualify for, accept, and expend any state, federal, or other moneys made available or allotted under said Public Law 93-83 and under any other law or program, including the Colorado community policing program described in part 6 of this article, designed to improve the administration of criminal justice, court systems, law enforcement, prosecution, corrections, probation and parole, juvenile delinquency programs, and related fields;
(e.5) To apply for and accept and expend federal or other available grant money to improve the state's response to mass shootings, including money to support services for victims of mass shootings;
(f) To administer a statistical analysis center for the purpose of collecting and analyzing statewide criminal justice statistics;
(g) To establish and maintain a jail health-care project to assist detention facilities in acquiring accreditation from the American medical association, provide technical assistance to jails relating to the development, upgrading, and evaluation of inmate health-care delivery systems, act as an educational clearinghouse for information related to jail health care, assist in the development of specialized training programs for detention personnel, provide technical assistance in the planning and construction of new jail facilities relating to inmate health-care delivery systems, and implement cooperation between community and state agencies to improve detention health care;
(h) Repealed.
(i) To promulgate rules and regulations which set minimum standards for temporary holding facilities as defined in section 19-1-103;
(j) To carry out the duties specified in article 27.8 of title 17, C.R.S.;
(k) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.;
(l) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.;
(m) To provide information to the director of research of the legislative council concerning population projections, research data, and other information relating to the projected long-range needs of correctional facilities and juvenile detention facilities and any other related data requested by the director;
(n) To carry out the duties prescribed in section 16-11-101.7 (3), C.R.S.;
(o) To develop, in consultation with the sex offender management board and the judicial branch by January 1, 1999, the risk assessment screening instrument that will be provided to the sentencing courts to determine the likelihood that a sex offender would commit one or more of the offenses specified in section 18-3-414.5 (1)(a)(II), C.R.S., under the circumstances described in section 18-3-414.5 (1)(a)(III), C.R.S.;
(p) To implement, in consultation with the judicial branch, by July 1, 1999, the risk assessment screening instrument developed pursuant to paragraph (o) of this subsection (1);
(q) To review existing policies relating to the issuance and use of no-knock search warrants pursuant to part 3 of article 3 of title 16, C.R.S.;
(r) To inspect secure juvenile facilities and collect data on juveniles that are held in secure juvenile facilities, jails, and lockups throughout the state;
(r.5) To administer the juvenile diversion program created and authorized in section 19-2.5-402, including the allocation of money for the program;
(s) Repealed.
(t) To analyze the data from the state board of parole provided to the division pursuant to section 17-22.5-404 (6), C.R.S., and to provide training to the board, pursuant to section 17-22.5-404 (6), C.R.S., regarding how to use the data obtained and analyzed to facilitate the board's decision-making;
(u) Repealed.
(v) Notwithstanding section 24-1-136 (11)(a)(I), to provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any money allocated pursuant to House Bill 10-1360, enacted in 2010;
(w) To develop the administrative release guideline instrument for use by the state board of parole as described in section 17-22.5-107 (1), C.R.S.;
(x) To develop the Colorado risk assessment scale as described in section 17-22.5-404 (2)(a), C.R.S.;
(y) To develop, in cooperation with the department of corrections and the state board of parole, a parole board action form;
(z) To provide training on the Colorado risk assessment scale and the administrative release guideline instrument as required by section 17-22.5-404 (2)(c);
(aa) To receive the information reported to the division by law enforcement agencies pursuant to section 22-32-146, C.R.S., and by district attorneys pursuant to section 20-1-113, C.R.S., and provide the information, as submitted to the division, to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this paragraph (aa), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information.
(bb) To develop the certificate of compliance required by section 16-4-102 (2)(j)(III) that includes specific certifications for:
(I) Posting the notices required by section 16-4-102 (2)(h)(I)(A) and (2)(i) for inmates and the public to see;
(II) Creation and provision of the notice required by section 16-4-102 (2)(h);
(III) Creation and training on the written policies required by section 16-4-102 (2)(j)(I); and
(IV) Timely updates required by section 16-4-102 (2)(j)(II); and
(cc) Maintain a publicly accessible database of the certificates of compliance, policies, and notices filed by a sheriff pursuant to section 16-4-102 (2)(j)(III);
(dd) (I) In consultation with the advisory committees created for the grant programs in Senate Bill 22-001, enacted in 2022, and Senate Bill 22-145, enacted in 2022, referred to in this subsection (1)(dd) as the grant programs:
(A) To develop appropriate evaluation metrics for considering grant applications and reporting requirements for grant recipients;
(B) To receive and analyze the data on each grant program; and
(C) To identify best practices from each grant program; and
(II) On or before November 15, 2026, to submit a written report to the judiciary committees of the senate and house of representatives, or any successor committees, and to the joint budget committee of the general assembly concerning the effectiveness of programs funded through the grant programs and recommendations for continued funding for any such programs.
(ee) To maintain a dashboard of the basic findings of jail assessments conducted pursuant to section 30-10-530 (5); and
(ff) To create, maintain, and update a list of funding assistance and related resources that is available to jails to offset the costs associated with complying with jail standards.
(gg) Repealed.
(2) (a) (I) On or before April 1, 2016, and every April 1 thereafter, the division has the duty to compile and analyze the data reported by law enforcement agencies and prepare a report, without identifying information, concerning the total number of tickets, summonses, or arrests that occurred on school grounds, in school vehicles, or at a school activity or sanctioned event and describe the final disposition of those tickets, summonses, or arrests by reporting agency, school, and location. The report must analyze the data by race, age, gender, ethnicity, and the specific type of offense with all national crime information center crime codes. The division of criminal justice shall support law enforcement agencies in their efforts to submit the required data, actively reach out to agencies that have failed to submit the required data, and provide a reasonable degree of training if necessary.
(II) Notwithstanding section 24-1-136 (11)(a)(I), the division shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees. The division shall provide the report to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this subsection (2)(a), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information. If the division adheres to all state and federal privacy and confidentiality laws concerning student information, the division may provide the aggregate data gathered by a law enforcement agency to any independent research or community-based organization working to analyze school-based criminal behavior and the response to that behavior by the juvenile and criminal justice systems. The data provided must not include any information that would identify any individual student.
(III) The division shall annually post the report on its website.
(b) The division has the duty to prepare a retroactive report meeting the requirements of paragraph (a) of this subsection (2) using existing data sources for the 2013-14 and 2014-15 school years.
(c) The division is only required to perform the duties of this subsection (2) if existing appropriations or resources are available.
Source: L. 83: Entire article added, p. 935, § 1, effective July 1, 1984. L. 84: (1)(g) added, p. 684, § 17, effective July 1; (1)(h) added, p. 661, § 21, effective July 1. L. 89: (1)(i) added, p. 929, § 6, effective April 23. L. 90: (1)(j) added, p. 970, § 4, effective July 1. L. 91: (1)(k) added, p. 442, § 8, effective May 29. L. 92: (1)(l) added, p. 462, § 7, effective June 1. L. 94: (1)(m) added, p. 1097, § 9, effective May 9; (1)(n) added, p. 1813, § 7, effective June 1. L. 97: (1)(o) and (1)(p) added, p. 1566, § 13, effective July 1. L. 98: (1)(o) amended, p. 401, § 10, effective April 21. L. 99: (1)(o) amended, p. 1150, § 12, effective July 1. L. 2000: (1)(q) added, p. 651, § 3, effective July 1; (1)(i) amended, p. 1863, § 80, effective August 2. L. 2006: (1)(r) added, p. 257, § 5, effective March 31; (1)(e) amended, p. 1124, § 2, effective May 25; (1)(q) amended, p. 144, § 20, effective August 7. L. 2007: (1)(s) added, p. 1697, § 18, effective July 1. L. 2009: (1)(t) added, (SB 09-135), ch. 329, p. 1755, § 2, effective August 5. L. 2010: (1)(v) added, (HB 10-1360), ch. 263, p. 1196, § 6, effective May 25; (1)(w), (1)(x), (1)(y), and (1)(z) added, (HB 10-1374), ch. 261, p. 1187, § 7, effective May 25; (1)(e) amended, (HB 10-1336), ch. 342, p. 1581, § 1, effective June 5; (1)(u) added, (HB 10-1352), ch. 259, p. 1172, § 11, effective August 11. L. 2012: (1)(y) and (1)(z) amended and (1)(aa) added, (HB 12-1345), ch. 188, p. 747, § 33, effective May 19; (1)(u) repealed, (HB 12-1310), ch. 268, p. 1413, § 38, effective June 7. L. 2015: (2) added, (HB 15-1273), ch. 323, p. 1322, § 5, effective June 5. L. 2016: (2)(a)(II) amended, (HB 16-1098), ch. 103, p. 299, § 5, effective April 15; (2)(a)(I) and (2)(b) amended, (SB 16-189), ch. 210, p. 766, § 47, effective June 6. L. 2017: (1)(s) repealed and (1)(v) and (2)(a)(II) amended, (HB 17-1059), ch. 91, p. 279, § 7, effective August 9. L. 2021: (1)(r.5) added, (SB 21-066), ch. 64, p. 259, § 5, effective April 29; (1)(z) amended and (1)(bb) and (1)(cc) added, (HB 21-1280), ch. 457, p. 3052, § 5, effective September 7; (1)(i) amended, (SB 21-059), ch. 136, p. 745, § 114, effective October 1. L. 2022: (1)(dd) added, (SB 22-145), ch. 199, p. 1338, § 3, effective May 20; (1)(r.5) amended, (SB 22-212), ch. 421, p. 2977, § 55, effective August 10. L. 2023: (1)(dd)(II) amended, (SB 23-277), ch. 443, p. 2592, § 2, effective June 7. L. 2024: (1)(ee) and (1)(ff) added, (HB 24-1054), ch. 328, p. 2222, § 8, effective June 3. Initiated 2024: (1)(ee) added, Proposition 130, effective upon proclamation of the Governor, December 17, see L. 2025, p. 3628. L. 2025: (1)(e.5) added, (SB 25-059), ch. 69, p. 302, § 2, effective August 6; (1)(gg) repealed, (SB 25-310), ch. 359, p. 1947, § 1, effective June 2.
Editor's note: (1) Subsection (1)(h)(II) provided for the repeal of paragraph (1)(h), effective July 1, 1988. (See L. 84, p. 661.)
(2) Subsection (1)(gg) was numbered as (1)(ee) in Proposition 130 but was renumbered on revision for ease of location.
(3) Subsection (1)(ee) was added by Proposition 130, effective upon proclamation of the governor, December 17, 2024, see L. 2025, p. 3628. The vote count for the measure at the general election held November 5, 2024, was as follows:
FOR: 1,583,118
AGAINST: 1,415,528
Cross references: (1) For the legislative declaration contained in the 2006 act amending subsection (1)(e), see section 1 of chapter 246, Session Laws of Colorado 2006. For the legislative declaration in HB 15-1273, see section 1 of chapter 323, Session Laws of Colorado 2015. For the legislative declaration in SB 22-145, see section 1 of chapter 199, Session Laws of Colorado 2022.
(2) For the statement of purpose in Proposition 130, see Session Laws of Colorado 2025 p. 3628.
24-33.5-503.5. Training programs - assess fees - cash fund created. (1) The division may charge a fee in exchange for providing a training program. The fees charged shall be deposited into the criminal justice training fund created in subsection (2) of this section.
(2) There is hereby created in the state treasury the criminal justice training fund, referred to in this section as the fund. All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with providing training. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2007: Entire section added, p. 1498, § 2, effective May 31.
Cross references: For the legislative declaration contained in the 2007 act enacting this section, see section 1 of chapter 348, Session Laws of Colorado 2007.
24-33.5-504. Policy guidelines for state plans and fund distribution. (1) In addition to the plans developed under section 24-33.5-503 (1)(b), separate plans may be developed for each region designated by the division of planning in the department of local affairs. The state plan shall take into account the regional plans but shall not be a mere compilation of them. Separate county or municipal plans shall also be developed as necessary within a metropolitan region.
(2) The state plan shall provide for the distribution of financial grants to local law enforcement and other agencies in such a way that each grant is of sufficient size to make a significant impact. Grants should be used to encourage coordination and consolidation of law enforcement agencies where appropriate and shall not be used in such a way as to perpetuate unnecessary fragmentation of the criminal justice system.
(3) In the distribution of planning funds and action grants, the state plan shall give due regard to the relative needs of different areas for planning and program help and encouragement, shall consider population and the incidence of major crime, and shall weigh the probable contribution of the grant to the improvement of law enforcement and justice through conventional programs and through new, innovative, or pilot approaches.
Source: L. 83: Entire article added, p. 936, § 1, effective July 1, 1984. L. 91: (1) amended, p. 891, § 19, effective June 5.
24-33.5-505. State jail advisory committee created - responsibilities - sunset review. (Repealed)
Source: L. 83: Entire article added, p. 937, § 1, effective July 1, 1984. L. 86: (3) added, p. 417, § 34, effective March 26.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1988. (See L. 86, p. 417.)
24-33.5-505.5. Colorado crime victim services fund - creation - uses - applications for grants - legislative declaration - repeal. (1) The general assembly finds and declares that:
(a) A significant number of violent crimes including homicide, assaults, adult and child sexual assaults, stalking, vehicular deaths, child abuse, robberies, crimes against at-risk persons, and incidents of gun violence occur within Colorado;
(b) All victims of crime, including marginalized communities such as immigrants, young people of color, people with disabilities, and LGBTQIA+ individuals, may need a variety of services from both community-based advocates and system-based advocates as part of each victim's individual recovery. Crime victim services are needed as part of the initial crisis response, at the beginning of a victim's healing, and in long-term healing.
(c) People of color have much higher rates of violent crime victimization;
(d) Because of the higher victimization rates for marginalized communities, including people of color, and because these communities have been underserved, it is the intent of the general assembly to improve access to services for marginalized communities, including victims of color; and
(e) In a continued effort to promote increased diversity among the funded victim service organizations, it is the intent of the general assembly that the department of public safety identify additional measures to address barriers that people of color and other marginalized communities face in accessing victim services.
(2) (a) The Colorado crime victim services fund is created in the state treasury and referred to in this section as the fund. The fund consists of money transferred to the fund pursuant to subsections (2)(e) and (4) of this section, money transferred to the fund pursuant to section 39-37-301 (2)(a)(I), and any other money that the general assembly may appropriate or transfer to the fund.
(b) Money paid into the fund pursuant to subsections (2)(e) and (4) of this section is continuously appropriated to the division for crime victim services grants, as described in subsection (3) of this section.
(c) Money paid into the fund pursuant to section 39-37-301 (2)(a)(I) must be used for crime victim services grants, as described in subsection (3) of this section.
(d) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(e) Repealed.
(2.5) Repealed.
(3) The division shall award grants from the fund to governmental agencies and nonprofit organizations that provide services for crime victims, including attending to the needs of animal companions. A grant award may be used to enhance or provide services for crime victims or for the prevention of crimes. The division shall award grants from the fund in accordance with the division's process for awarding grants described in section 24-33.5-507.
(4) Within three days after May 19, 2022, the state treasurer shall transfer thirty-two million dollars to the fund from the economic recovery and relief cash fund, created in section 24-75-228, and transfer six million dollars to the fund from the general fund. The money transferred to the fund that originates from money the state received from the federal coronavirus state fiscal recovery fund may only be used for services permitted pursuant to the federal American Rescue Plan Act of 2021, Pub.L. 117-2.
(5) (a) The division may use up to five hundred thousand dollars of the money transferred to the fund pursuant to subsection (4) of this section and up to five percent of any other money transferred or appropriated to the fund for development and administrative costs incurred by the division pursuant to this section; except that the division may use up to ten percent of the money transferred to the fund pursuant to section 39-37-301 (2)(a)(I) for development and administrative costs incurred by the division pursuant to subsection (2)(c) of this section.
(b) The division and each recipient of money from the fund that originates from money the state received from the federal coronavirus state fiscal recovery fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(6) The division shall annually publish on its website:
(a) For each organization that receives a grant, the name of the organization, amount of the grant award, the number and types of crimes for which victims are served, and the services provided with grant money;
(b) The following information from organizations that receive a grant, in aggregate: The number and types of crimes for which victims are served; the types of services provided; and the gender, race and ethnicity, and other available demographic information of clients served with a grant award; and
(c) To the extent known, and in aggregate form, the gender, racial and ethnic makeup, and other demographic information of the staff and board of directors, if applicable, of organizations that receive a grant. The division shall make its best effort to collect the information described in this subsection (5).
(7) Subsections (4) and (5)(b) of this section are repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-183), ch. 194, p. 1302, § 7, effective May 19. L. 2023: (2.5) added, (HB 23-1199), ch. 263, p. 1565, § 2, effective May 25; (3), (4), (5)(b), and (7) amended, (HB 23-1107), ch. 264, p. 1569, § 1 effective May 25. L. 2024: (2) amended, (HB 24-1420), ch. 102, p. 322, § 1, effective April 18; (2), (3), and (5)(a) amended, (HB 24-1349), ch. 423, p. 2899, § 2, effective December 17 (see editor's note).
Editor's note: (1) Amendments to subsection (2) by HB 24-1420 and HB 24-1349 were harmonized, effective on the date of the official declaration of the vote thereon by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with § 39-37-201, created in section 1 of HB 24-1349. (See L. 2024, ch. 423.) The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:
FOR: 1,675,123
AGAINST: 1,406,112
(2) Section 19(1) of chapter 423 (HB 24-1349), Session Laws of Colorado 2024, provides that changes to this section take effect only if a majority of voters approve the ballot issue referred in accordance with § 39-37-201 at the November 2024 statewide election, and, if the voters approve the ballot measure, the changes to this section are effective on the date of the official declaration of the vote by the governor. The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as follows:
FOR: 1,675,123
AGAINST: 1,406,112
(3) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective July 1, 2025. (See L. 2024, pp. 322, 2899.)
(4) Subsection (2.5)(b) provided for the repeal of subsection (2.5), effective July 1, 2024. (See L. 2023, p. 1565.)
24-33.5-506. Victims assistance and law enforcement fund - creation. (1) There is hereby created in the state treasury a fund to be known as the victims assistance and law enforcement fund, referred to in this section as the fund. The state treasurer shall credit to the fund all moneys deposited with the state treasurer pursuant to section 24-4.2-105 (1) and voluntary victim assistance payments from inmates pursuant to article 24 of title 17, C.R.S. The general assembly shall make annual appropriations of the moneys in the fund to the division:
(a) For payment of the direct and indirect costs incurred by said division in administering the provisions of this section and section 24-33.5-507 and in administering any victims program authorized by federal or state law;
(b) For distribution as determined by the division, with recommendations from the crime victim services advisory board, created in section 24-4.1-117.3 (1) and referred to in this section as the advisory board, to the department of public safety, the department of corrections, the department of human services, and the office of the state court administrator to implement and coordinate statewide victim services. Subject to available appropriations, the amount of moneys distributed by the division to each agency each fiscal year shall be no less than the total of the amount distributed to the agency in the prior fiscal year minus any moneys budgeted for one-time projects or evaluations and minus any additional grant moneys that the agency received through the grant process described in section 24-33.5-507.
(c) For allocation to the department of law for the position of victims' services coordinator created pursuant to section 24-31-106. The amount allocated to the department of law pursuant to this paragraph (c) may be increased by up to five percent annually.
(c.5) Repealed.
(d) For distribution by the division, based on recommendations from the advisory board, through the awarding of grants.
(1.5) (a) In addition to the annual appropriations specified in subsection (1) of this section, the general assembly shall make annual appropriations of the money in the victims assistance and law enforcement fund for payment of the direct and indirect costs of implementing the provisions of section 17-2-201 (5)(g).
(b) In addition to the money paid into the fund pursuant to this subsection (1.5) and subsection (1) of this section, the general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the programs and purposes described in subsection (1) of this section.
(c) Money appropriated pursuant to this subsection (1.5) from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety may use up to ten percent of any money appropriated pursuant to this subsection (1.5) for development and administrative costs incurred pursuant to this section in the provision of programs and services allowed pursuant to the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.
(2) Any unexpended balance of moneys appropriated by the general assembly in the fund at the end of each fiscal year shall not revert to the general fund but shall remain in the fund for allocation pursuant to subsection (1) of this section.
(3) The priority use for moneys in the fund shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services and programs for crime victims. The advisory board may set additional priorities for the use of moneys in the fund.
Source: L. 84: Entire section added, p. 656, § 4, effective July 1. L. 87: (1) amended, p. 1002, § 1, effective July 1. L. 88: (1.5) added, p. 702, § 2, effective May 29. L. 90: (1)(a) amended, p. 1182, § 8, effective July 1. L. 92: (3) amended, p. 428, § 7, effective January 14, 1993. L. 93: (1) amended, p. 2054, § 6, effective June 9. L. 95: (1) and (3) amended, p. 530, § 2, effective May 16; (3) amended, p. 1406, § 8, effective July 1. L. 96: IP(1) amended, p. 1150, § 12, effective June 1. L. 97: (1)(b) amended, p. 1559, § 1, effective July 1. L. 2008: IP(1), (1)(b), and (1)(c) amended and (1)(d) added, p. 37, § 1, effective July 1. L. 2009: IP(1), (1)(b), (1)(d), and (3) amended, (SB 09-047), ch. 129, p. 557, § 8, effective July 1; (1)(c.5) added, (HB 09-1137), ch. 308, p. 1657, § 4, effective September 1. L. 2011: IP(1) amended, (HB 11-1303), ch. 264, p. 1164, § 56, effective August 10. L. 2021: (1.5) amended, (SB 21-292), ch. 291, p. 1722, § 6, effective June 22.
Editor's note: (1) Amendments to subsection (3) by Senate Bill 95-39 and House Bill 95-1346 were harmonized.
(2) Subsection (1)(c.5)(II) provided for the repeal of subsection (1)(c.5), effective July 1, 2012. (See L. 2009, p. 1657.)
Cross references: (1) For constitutional provisions relating to the rights of crime victims, see § 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of article 4.1 of this title.
(2) For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.
24-33.5-507. Application for grants. (1) The division shall accept applications from agencies and organizations requesting grants of money for the following purposes, including, but not limited to, the provision of services, training programs, mass tragedy response, additional personnel, and equipment and operating expenses related to victim assistance and notification programs. The crime victim services advisory board created in section 24-4.1-117.3 (1) shall evaluate the applications and make recommendations to the division.
(2) (Deleted by amendment, L. 2009, (SB 09-047), ch. 129, p. 558, § 9, effective July 1, 2009.)
(3) Repealed.
Source: L. 84: Entire section added, p. 656, § 4, effective July 1. L. 93: (1) amended, p. 2055, § 7, effective June 9. L. 96: (3) repealed, p. 1265, § 180, effective August 7. L. 2006: (2) amended, p. 145, § 21, effective August 7. L. 2008: (1) amended, p. 38, § 2, effective July 1. L. 2009: (1) and (2) amended, (SB 09-047), ch. 129, p. 558, § 9, effective July 1. L. 2022: (1) amended, (SB 22-183), ch. 194, p. 1303, § 8, effective May 19.
Cross references: For the legislative declaration contained in the 1996 act repealing subsection (3), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-33.5-507.5. Definition of status offender to comply with federal law. For purposes of compliance with federal law, status offender shall have the same meaning as defined in federal law in 28 CFR 31.304, as amended. This definition is solely for the purpose of complying with federal statutory, regulatory, and program requirements.
Source: L. 2003: Entire section added, p. 825, § 1, effective April 1.
24-33.5-508. Advisory board. (Repealed)
Source: L. 84: Entire section added, p. 656, § 4, effective July 1. L. 86: (4) added, p. 418, § 35, effective March 26. L. 88: (4)(a) amended, p. 320, § 2, effective February 18; (4)(a) amended, p. 316, § 9, effective April 14. L. 90: (4) repealed, p. 334, § 8, effective April 3. L. 93: (2) amended, p. 2055, § 8, effective June 9. L. 95: (1) amended, p. 1406, § 9, effective July 1. L. 2009: Entire section repealed, (SB 09-047), ch. 129, p. 558, § 10, effective July 1.
24-33.5-509. Repeal of sections. (Repealed)
Source: L. 84: Entire section added, p. 656, § 4, effective July 1. L. 88: Entire section repealed, p. 320, § 3, effective July 1.
24-33.5-510. Victim prevention programs - legislative declaration - grants - criteria. (1) The general assembly hereby declares that there is a great need to create innovative approaches to prevent persons from becoming victims of crime. In order to encourage the development of such innovative approaches for the primary prevention of crime and to encourage the integration of such innovative approaches with victim prevention methods which have been demonstrated to be effective, the general assembly hereby enacts this section.
(2) The division of criminal justice is hereby authorized to do all things necessary to apply for, qualify for, accept, and distribute any moneys made available from federal, state, or private entities which are to be used for the development of victim prevention programs.
(3) The division of criminal justice shall allocate the moneys obtained pursuant to subsection (2) of this section for the development of victim prevention programs which meet the following criteria:
(a) The program shall have as its principal purpose the reduction or prevention of the incidence of crime in the community.
(b) The program shall be community-based and shall encourage the development of a public-private partnership to achieve the goals of the program.
(c) The program shall concentrate especially on the prevention of the commission of crime by persons between the ages of ten and eighteen years.
(d) The program may employ recognized victim prevention methods, including but not limited to victim impact panels, but shall be encouraged to develop new and innovative victim prevention methods.
(e) The program shall be operated by agencies or entities which are local in nature, and the program shall be local in administration and application. The grants of moneys pursuant to this section are intended to be used as a match for federal grant moneys provided pursuant to 42 U.S.C. sec. 3701.
(4) The division of criminal justice shall accept and evaluate applications from local agencies or entities requesting grants of moneys to develop victim prevention programs in accordance with this section. In evaluating such requests, the division shall consider the degree of community participation in each proposed program in determining whether to make any grant.
Source: L. 93: Entire section added, p. 1990, § 23, effective July 1.
24-33.5-511. Inmate classification instrument - independent evaluation required. (Repealed)
Source: L. 95: Entire section added, p. 1272, § 4, effective June 5.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1996. (See L. 95, p. 1272.)
24-33.5-512. Recidivism reduction grant program - creation - definitions - repeal. (Repealed)
Source: L. 2009: Entire section added, (HB 09-1022), ch. 299, p. 1597, § 1, effective May 21. L. 2010: (2)(b) amended, (SB 10-175), ch. 188, p. 795, § 53, effective April 29.
Editor's note: Subsection (11) provided for the repeal of this section, effective July 1, 2013. (See L. 2009, p. 1597.)
24-33.5-513. Prostitution enforcement resources grant program - application process - cash fund - reports - rules - repeal. (Repealed)
Source: L. 2011: Entire section added, (SB 11-085), ch. 257, p. 1129, § 7, effective August 10.
Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2018. (See L. 2011, p. 1129.)
24-33.5-514. Evidence-based practices implementation for capacity program - EPIC fund - creation. (1) There is hereby created the evidence-based practices implementation for capacity resource center in the division, referred to in this section as the center. The intent of the center is to assist agencies serving juvenile and adult populations to develop and sustain effective implementation frameworks to support the use of evidence-based practices. The center is a collaborative effort to increase the efficacy of individuals who work with various offender and victim populations by establishing an educational, skill-building, and consultation resource center to support practitioners in the implementation of evidence-based practices.
(2) Repealed.
(3) (a) The division is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that the division may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The division shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the EPIC fund, which fund is hereby created and referred to in this section as the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the division for the direct and indirect costs associated with implementing this section.
(b) The general assembly finds that the implementation of this section does not rely entirely or in any part on the receipt of adequate funding through gifts, grants, or donations. Therefore, the division is not subject to the notice requirements specified in section 24-75-1303 (3).
(4) By July 1, 2014, and July 1 every three years thereafter, the division shall provide a report to the members of the general assembly regarding the status of the center.
Source: L. 2013: Entire section added, (HB 13-1129), ch. 197, p. 801, § 2, effective October 1. L. 2019: (1) amended, (HB 19-1331), ch. 258, p. 2468, § 1, effective August 2. L. 2023: (2) repealed and (4) amended, (SB 23-073), ch. 27, p. 93, § 1, effective August 7.
Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 197, Session Laws of Colorado 2013.
24-33.5-515. Statewide automated victim information and notification system - legislative declaration. (1) The general assembly finds and declares that:
(a) The federal department of justice offered grants to help establish statewide automated victim information and notification systems;
(b) A Colorado statewide association of county sheriffs applied for and received grants to establish a statewide automated victim information and notification system and recently received an additional grant to upgrade the system;
(c) The system allows crime victims and other concerned citizens to access timely and reliable information about criminal cases and the custody status of offenders twenty-four hours a day over the telephone, through the internet, or by electronic mail;
(d) The system is available for any county that wishes to participate and also includes the division of youth services;
(e) Although the federal grants were sufficient to establish the system, there is no funding source for the ongoing expenses of operating the system; and
(f) The division is in the best position to distribute funding for the system and to monitor its effectiveness.
(2) The general assembly may annually appropriate from the general fund to the division money for the operation of the statewide automated victim information and notification system. The division must distribute money appropriated to the division by the general assembly for the operation of the statewide automated victim information and notification system to be used by the county sheriffs, the division of youth services, and other departments or agencies.
Source: L. 2013: Entire section added, (HB 13-1241), ch. 360, p. 2109, § 1, effective May 28. L. 2017: IP(1), (1)(d), and (2) amended, (HB 17-1329), ch. 381, p. 1982, § 55, effective June 6.
24-33.5-516. Study marijuana implementation. (1) The division shall gather data and undertake or contract for a scientific study of law enforcement's activity related to the implementation of section 16 of article XVIII of the state constitution over the two-year period beginning January 1, 2006, and over the two-year period beginning January 1, 2014, and each two-year period thereafter. The studies conducted after July 1, 2016, may include relevant comparisons to law enforcement's activity before the legalized sale of retail marijuana.
(2) To be included in the study, the division or contractor must have data for each of the two-year periods described in subsection (1) of this section. The study must include information concerning:
(a) Marijuana-initiated contacts by law enforcement, broken down by judicial district and by race and ethnicity, to the extent available, and the feasibility of collecting data regarding marijuana-initiated contacts by law enforcement, including a description of efforts being made by local law enforcement to establish consistent definitions and any proposals for a system of reporting such data to the division;
(b) Comprehensive school data, both statewide and by individual school, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories;
(c) Marijuana arrest data, including amounts of marijuana with each arrest, broken down by judicial district and by race and ethnicity;
(d) Traffic accidents, including fatalities and serious injuries related to being under the influence of marijuana;
(e) Diversion of marijuana to persons under twenty-one years of age;
(f) Diversion of marijuana out of Colorado;
(g) Crime occurring in and relating to the operation of marijuana establishments;
(h) Utilization of parcel services for the transfer of marijuana;
(i) Data related to drug-endangered children, specifically for marijuana;
(j) Probation data;
(k) Data on emergency room visits related to the use of marijuana and the outcomes of those visits, including information from Colorado poison control center;
(l) Outdoor marijuana cultivation facilities;
(m) Money laundering relating to both licensed and unlicensed marijuana; and
(n) The role of organized crime in marijuana.
(3) The division is not required to perform the duties required by this section until the marijuana cash fund, created in section 44-10-801, has received sufficient revenue to fully fund the appropriations made to the department of revenue related to article 10 of title 44, and the general assembly has appropriated sufficient money from the fund for such duties.
(4) The division shall issue a report of each scientific study and provide it to the judiciary committees of the senate and house of representatives, or any successor committees, the joint budget committee, and the department of revenue and shall post a copy on the division's website.
Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1893, § 9, effective May 28. L. 2016: (1) and IP(2) amended and (4) added, (SB 16-191), ch. 214, p. 826, § 3, effective July 1; (1) and (2)(a) amended, (SB 16-041), ch. 220, p. 837, § 1, effective August 10. L. 2018: (3) amended, (HB 18-1023), ch. 55, p. 588, § 16, effective October 1. L. 2019: (3) amended, (SB 19-224), ch. 315, p. 2939, § 21, effective January 1, 2020.
Editor's note: Amendments to subsection (1) by SB 16-191 and SB 16-041 were harmonized.
24-33.5-517. Criminal justice data collection - definitions - repeal. (Repealed)
Source: L. 2015: Entire section added, (SB 15-217), ch. 208, p. 756, § 2, effective May 20. L. 2021: (1)(a) amended, (HB 21-1108), ch. 156, p. 895, § 32, effective September 7.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2021. (See L. 2015, p. 756.)
Cross references: For the legislative declaration in SB 15-217, see section 1 of chapter 208, Session Laws of Colorado 2015. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
24-33.5-518. Criminal justice data collection - report. (1) This section shall be known and may be cited as the Community Law Enforcement Action Reporting Act or the C.L.E.A.R. Act.
(2) Each law enforcement agency in the state shall report the data reported pursuant to section 24-33.5-412 (5), including offense and arrest information disaggregated by summons, custody, and on view, to the division for each calendar year by March 31 of the following calendar year.
(3) The judicial department shall collect and report the following data to the division for each calendar year by March 31 of the following calendar year:
(a) The number and types of charges that resulted from the arrests reported pursuant to subsection (2) of this section, the race and gender of the defendants, and the associated incident report numbers;
(b) The disposition of the charges reported pursuant to paragraph (a) of this subsection (3), including convictions at trial, acquittals, plea agreements, and dismissals; the race and gender of the defendants; and the associated incident report numbers;
(c) The sentences imposed for all convictions and plea agreements reported pursuant to paragraph (b) of this subsection (3), the race and gender of the defendants, and the associated incident report numbers; and
(d) If a sentence reported pursuant to paragraph (c) of this subsection (3) is a sentence to probation, whether a petition to revoke probation was filed against the defendant, the disposition of the petition, the race and gender of the defendant, and the associated incident report number.
(4) The state board of parole shall collect and report the following data to the division for each calendar year by March 31 of the following calendar year:
(a) The number of parole hearings held and the race, ethnicity, and gender of the inmates who received parole hearings;
(b) The number of inmates granted parole and the race, ethnicity, and gender of the inmates; and
(c) The number of inmates denied parole and the race, ethnicity, and gender of the inmates.
(4.5) Beginning January 1, 2020, each jail facility shall report data required to be collected pursuant to section 17-26-118 to the division in accordance with the schedule described in section 17-26-118 (4). Within one month after each reporting deadline, the division shall collect, compile, and publish all data received pursuant to this subsection (4.5) in a searchable and sortable format containing both statewide data and data for each individual jail facility. If possible, the division shall make the data available online in an interactive format.
(5) The division shall compile and report the data received in subsections (2) to (4.5) of this section by September 30 of each year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees.
Source: L. 2015: Entire section added, (SB 15-185), ch. 252, p. 919, § 1, effective August 5. L. 2019: (4.5) added and (5) amended, (HB 19-1297), ch. 394, p. 3509, § 2, effective August 2. L. 2022: (4.5) amended, (HB 22-1208), ch. 125, p. 885, § 2, effective August 10. L. 2024: (5) amended, (HB 24-1450), ch. 490, p. 3417, § 48, effective August 7.
24-33.5-519. Body-worn cameras for law enforcement officers - grant program - study group - fund. (1) (a) There is created in the division the body-worn camera grant program, referred to in this section as the grant program, to award grants to law enforcement agencies to purchase body-worn cameras, for associated data retention and management costs, and to train law enforcement officers on the use of body-worn cameras. The division shall administer the grant program pursuant to this section. The division may apply for gifts, grants, or donations from the federal government and any public or private source. The division shall transmit any moneys received to the state treasurer for deposit in the fund created pursuant to subsection (2) of this section. The division shall make grant payments from general fund moneys appropriated to the division by the general assembly for the program and moneys appropriated from the fund.
(b) The division shall:
(I) Solicit and review applications for grants from law enforcement agencies; and
(II) Select law enforcement agencies to receive grants from agencies that have adopted policies, giving preference to agencies that otherwise lack moneys to pay for body-worn cameras, for associated data retention and management costs, and to train law enforcement officers on the use of body-worn cameras, and determine the amount of each grant.
(2) (a) There is created in the state treasury the body-worn camera fund, referred to in this section as the fund, consisting of any moneys received by the division from gifts, grants, or donations for the grant program. The moneys in the fund are subject to annual appropriation by the general assembly to the division for the direct and indirect costs associated with implementing the grant program.
(b) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
(c) Repealed.
(3) Repealed.
Source: L. 2015: Entire section added, (HB 15-1285), ch. 214, p. 781, § 2, effective May 20. L. 2021: (2)(c) added, (HB 21-1250), ch. 458, p. 3068, § 18, effective July 6.
Editor's note: (1) Subsection (3)(d) provided for the repeal of subsection (3), effective July 1, 2016. (See L. 2015, p. 781.)
(2) Subsection (2)(c)(II) provided for the repeal of subsection (2)(c), effective July 1, 2022. (See L. 2021, p. 3068.)
Cross references: For the legislative declaration in HB 15-1285, see section 1 of chapter 214, Session Laws of Colorado 2015.
24-33.5-520. Study on drugged driving - substance-affected driving data-analysis cash fund created - report - definitions. (1) On or before March 1, 2018, and on or before March 1 each year thereafter, the division shall submit a report to the judiciary committees of the house of representatives and senate, or to any successor committees, that includes, to the extent possible, the following information:
(a) The total number of citations made for suspected substance-affected driving violations during the reporting period;
(b) Of the total number of citations made for suspected substance-affected driving during the reporting period, the total number of such citations that resulted in the filing of a substance-affected driving charge against the driver, including an indication of how many such cases involved alcohol, one or more drugs, or a combination of alcohol and one or more drugs;
(c) Of the filed cases, how many resulted in at least one conviction for substance-affected driving;
(d) Of the cases that resulted in at least one conviction for substance-affected driving, and for which evidentiary test results are available, which drugs, including alcohol, or combination of drugs were present in the defendants' bodies, and, for alcohol and marijuana, the laboratory values;
(e) The total number of DUI and DWAI cases during the reporting period that involved:
(I) Alcohol;
(II) Marijuana;
(III) Schedule I drugs, as described in section 18-18-203, other than marijuana; or
(IV) Other drugs; and
(f) For those cases in which evidentiary test results are available, for each type of biological sample taken, the time that elapsed between the time that each traffic stop or traffic incident occurred and the time at which the biological sample was taken.
(2) (a) For the purpose of producing the report described in subsection (1) of this section, the division shall collect and analyze substance-affected driving violation data as follows:
(I) From the state judicial branch and from the Denver county court, the division shall collect case-identifier data, event data, filing dates, data identifying law enforcement agencies, demographic data relating to each defendant, data indicating the cause of each substance-affected driving citation, court findings, and sentences;
(II) From forensic toxicology laboratories only, and from no other source, the division, to the extent possible, shall collect case-identifier data, event dates and times, collection dates and times, and confirmatory laboratory values from reports created for law enforcement agencies and prosecutors and shall specify the name of each drug that was confirmed and its laboratory value;
(III) From the department of public health and environment, the division shall collect evidentiary breath alcohol test results, including case-identifier data, event dates and times, and the results obtained on evidentiary breath alcohol testing devices certified by the department of public health and environment; and
(IV) From the division of probation services, the division shall collect case-identifier data and, to the extent possible, data concerning the classes and types of drugs that were involved in each substance-affected driving incident.
(b) The database compiled by the division containing personal identifying information relating to the test results of persons' biological samples, and all personal identifying information thereof, are not public information and are not subject to the provisions of the Colorado Open Records Act, part 2 of article 72 of this title 24. The division shall disclose information only by means of the report described in subsection (1) of this section, which must not include any personal identifying information.
(3) A public or private laboratory carrying out analysis of evidentiary samples that were taken by a law enforcement agency and submitted to the laboratory pursuant to section 42-4-1301.1 shall collect and share test results with the division for the purposes of this section. The division shall not disclose any personal identifying information that is included in such test results.
(4) (a) There is created in the state treasury the substance-affected driving data-analysis cash fund, referred to in this section as the fund, to include money collected from surcharges assessed pursuant to section 42-4-1307 (10)(e) and any money credited to the fund pursuant to subsection (4)(b) of this section. The money in the fund is subject to annual appropriation by the general assembly to the division for the purpose described in subsection (1) of this section. All interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and may not be transferred or credited to the general fund or another fund.
(b) The division may accept any gifts, grants, or donations from any private or public source on behalf of the state for purposes of this section. The division shall transmit all private and public money received through grants, gifts, or donations to the state treasurer, who shall credit the same to the fund.
(c) The division may use money in the fund to reimburse and provide advance payments to state, municipal, and private agencies and laboratories that apply to the division for payment of costs they incur in complying with this section.
(5) Notwithstanding section 24-1-136 (11)(a)(I), the report described in subsection (1) of this section is not subject to the expiration date described in said section 24-1-136 (11)(a)(I).
(6) As used in this section, unless the context requires otherwise:
(a) Forensic toxicology laboratory means a forensic toxicology laboratory that is certified by the department of public health and environment to perform testing of samples collected from individuals suspected of DUI, DUI per se, or DWAI.
(b) Reporting period means the calendar year ending fourteen months before the March 1 due date of the report.
(c) Substance-affected driving means driving in violation of section 42-4-1301 (1)(a), (1)(b), or (2)(a); section 18-3-106 (1)(b); or section 18-3-205 (1)(b).
(7) The department of public safety shall include the report described in subsection (1) of this section in the department's annual presentation to the committees of reference pursuant to section 2-7-203.
Source: L. 2017: Entire section added, (HB 17-1315), ch. 280, p. 1526, § 1, effective August 9.
24-33.5-521. Community corrections - training - annual report. (1) (a) The division shall provide annual training to department of corrections staff involved in making community corrections transition placement referrals.
(b) The division shall provide ongoing annual training to community corrections boards on structured decision-making and other relevant issues.
(2) The division shall create and publish an annual report by February 1 of each year describing key data trends for community corrections providers and boards including process measures, outcome measures, referral trends, acceptance data, and the status of structured decision-making implementation.
Source: L. 2018: Entire section added, (HB 18-1251), ch. 272, p. 1672, § 4, effective August 8.
24-33.5-522. Law enforcement assistance grant program - reports. (1) (a) There is created in the division the law enforcement assistance grant program, referred to in this section as the grant program, to award grants to seizing agencies, as defined in section 16-13-301 (2.7), to reimburse them for money that the agency would have received except for section 16-13-306.5 or 16-13-504.5. The division shall administer the grant program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division by the general assembly for the program.
(b) The executive director, or his or her designee, shall:
(I) Develop policies and procedures:
(A) For seizing agencies to apply for grants up to the amount of money that the agency can establish that it would have received except for section 16-13-306.5 or 16-13-504.5;
(B) Related to how money is disbursed to seizing agencies;
(C) Related to how money is allocated among seizing agencies;
(D) To ensure that grant money is only used for operations and investigations, training and education, equipment and supplies, joint law enforcement and public safety operations, support of community-based programs, or any other purpose that would have been permissible under federal equitable sharing guidelines; and
(E) To ensure that grant money be used only to supplement and not supplant money received by the seizing agency from other sources.
(II) Review applications for grants from seizing agencies; and
(III) Select seizing agencies to receive grants and the amount of the grants.
(c) Repealed.
(d) On or before August 1, 2019, and each August 1 thereafter, each local law enforcement agency that receives a grant shall provide a final report to the division describing how the grant funds were utilized. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), on or before October 1, 2019, and each October 1 thereafter, the division shall submit a summary of the reports to the judiciary committees of the house of representatives and senate, or to any successor committees.
Source: L. 2018: Entire section added, (HB 18-1020), ch. 307, p. 1857, § 2, effective September 1. L. 2020: (1)(c) repealed, (HB 20-1375), ch. 123, p. 521, § 1, effective June 30.
24-33.5-523. Human trafficking prevention training - repeal. (1) The division shall serve as an additional resource to provide training related to human trafficking. The training may include:
(a) Train-the-trainer programs;
(b) Direct trainings; and
(c) Online training programs.
(2) Upon request, the following entities may receive training from the division:
(a) Law enforcement agencies;
(b) Organizations that provide direct services to victims of human trafficking;
(c) School personnel and parents or guardians of students; and
(d) Any other organization, agency, or group that would benefit from such training.
(3) Training curricula provided by the division must be developed in collaboration with the Colorado human trafficking council created in section 18-3-505.
(4) When evaluating requests for training, the division shall give priority to requests from areas of the state that have limited access to other training resources.
(5) On or before January 17, 2020, and each year thereafter, the division shall include an update on trainings provided by the division in the annual human trafficking report required by section 18-3-505 (4)(b).
(6) The division may accept and expend money, gifts, grants, donations, services, and in-kind donations from any public or private entity for any direct or indirect costs associated with the duties of this section; except that the division may not accept money, gifts, grants, donations, services, or in-kind donations if acceptance is subject to conditions that are inconsistent with state law or requires a predetermined conclusion or result from the division. The division shall request that the entity offering the money, gift, grant, donation, services, or in-kind donation submit a letter prior to the offer specifying the amount of money, gift, grant, or donation offered, or the estimated value of the services or in-kind donation offered; the period for which the money, gift, grant, donation, services, or in-kind donation is available; and the specific purposes for which the money, gift, grant, donation, services, or in-kind donation is to be used. The division shall not provide training until sufficient money is available from gifts, grants, and donations to cover the costs associated with implementing and providing the training.
(7) This section is repealed, effective September 1, 2030. Before its repeal, this section is scheduled for review in accordance with section 24-34-104.
Source: L. 2019: Entire section added, (HB 19-1051), ch. 404, p. 3575, § 1, effective August 2. L. 2023: (7) amended, (SB 23-074), ch. 126, p. 487, § 2, effective August 7.
24-33.5-524. Trusted interoperability platform advisory committee - creation - strategic plan - repeal. (Repealed)
Source: L. 2020: Entire section added, (SB 20-037), ch. 14, p. 64, § 1, effective September 14.
Editor's note: Subsection (3) provided for the repeal of this section, effective October 1, 2021. (See L. 2020, p. 64.)
24-33.5-525. Missing person investigation information - report - definition. (1) As used in this section, unless the context otherwise requires, minority communities means African American, Black, Asian American, Pacific Islander, Indigenous and tribal, Hispanic, Latino, and transgender communities.
(2) (a) As part of the department's annual report to the committees of reference pursuant to section 2-7-203, the division shall present to the committees information on missing person cases in Colorado. The division shall review available information about missing person cases, including cases in the cold case database described in section 24-33.5-425 (2), and report any significant data, including trends over time, regarding missing person cases. The report must include specific information about missing person cases involving women from minority communities and persons fifty years of age and older. The division shall prepare the presentation within existing appropriations.
(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the report required in this subsection (2) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-095), ch. 70, p. 363, § 1, effective April 7.
24-33.5-526. Delinquency prevention and young offender intervention pilot grant program - creation - report - definitions - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1003), ch. 187, p. 1252, § 2, effective May 19.
Editor's note: Subsection (9) provided for the repeal of this section, effective July 31, 2024. (See L. 2022, p. 1252.)
24-33.5-527. Multidisciplinary crime prevention and crisis intervention grant program - committee - fund - reports - repeal. (1) (a) (I) There is created in the division the multidisciplinary crime prevention and crisis intervention grant program, referred to in this section as the grant program, to apply a community-based, multidisciplinary approach to crime prevention and crisis intervention strategies, specifically in areas where crime is disproportionately high. Programs receiving grants may be multidisciplinary and may demonstrate collaboration between community organizations, including both governmental and nongovernmental entities.
(II) Eligible grant recipients may include:
(A) Community-based organizations and nonprofit agencies;
(B) Local law enforcement agencies;
(C) Federally recognized tribes with jurisdiction in Colorado;
(D) Local health or human service agencies; and
(E) Third-party membership organizations or administrators on behalf of eligible grant recipients.
(III) Any third-party grant administrator shall:
(A) Be a nonprofit organization in good standing with the secretary of state's office;
(B) Have experience as a third-party administrator for a state, multistate, federal, or foundation grant program;
(C) Be capable of providing a unified case management, financial, and data collection system related to services and payments received under the grant program;
(D) Be capable of providing technical assistance and other organizational development services to grantees to improve delivery of services, financial management, or data collection; and
(E) Have experience and competency in working with underserved communities, particularly communities of color.
(IV) Eligible entities may jointly collaborate on applications.
(V) Crime prevention and crisis intervention strategies may include:
(A) Violence interruption programs;
(B) Early intervention teams;
(C) Primary and secondary violence prevention programs;
(D) Restorative justice services;
(E) Co-responder programs;
(F) Other research-informed crime and crisis prevention and recidivism reduction programs; and
(G) Support-team-assisted response programs.
(VI) For any grant applications involving law enforcement entities, applicants must include:
(A) Details on how the entity will take measures to ensure collaboration with communities and other agencies in developing the plan;
(B) Details, including data, on why a specific area needs increased law enforcement presence; and
(C) A plan to ensure that law enforcement will work with the community to foster a positive relationship between law enforcement and the impacted community.
(b) The division shall administer the grant program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division from the general fund for the program. The division shall work to ensure eligible communities are informed of the existence of the grant program.
(2) The executive director shall:
(a) Develop policies and procedures for law enforcement and local governmental agencies to apply for grants, including policies and procedures for implementation of a streamlined grant process to ensure ease of access for smaller and rural agencies and communities that may not have the experience or capacity to engage in complex grant programs and policies and procedures for how grant money is disbursed and allocated among agencies;
(b) Review applications for grants;
(c) After receiving and reviewing recommendations from the multidisciplinary crime prevention and crisis intervention advisory committee established pursuant to subsection (3) of this section, select entities to receive a one- or two-year grant and determine the amount of the grants. If a grantee that received a two-year grant decides not to accept grant funding in the second year, the director may apportion those grant funds to other grantees; and
(d) In awarding grants, give consideration to applicants that are culturally competent, gender-responsive, and representative of the individuals the applicant generally seeks to serve with the grant.
(3) (a) There is created in the division the multidisciplinary crime prevention and crisis intervention advisory committee, referred to in this section as the committee. The director shall ensure that the composition of the committee is racially, ethnically, and geographically diverse and representative of the communities where crime is disproportionately high. The committee consists of the following thirteen members:
(I) The executive director or the executive director's designee;
(II) The director of the division of criminal justice or the director's designee;
(III) The following individuals appointed by the executive director:
(A) A researcher from an institution of higher education with a background in evidence-based criminal justice policy and research or evaluation of effective community-based services that reduce crime and violence;
(B) An individual who has previously been involved with the criminal justice system;
(C) A member of law enforcement from a community of over four hundred thousand residents;
(D) A member of law enforcement from a community of between fifty thousand and four hundred thousand residents;
(E) A member of law enforcement from a community of less than fifty thousand residents, serving a community wholly east of Interstate 25 or west of the continental divide;
(F) A member who represents a federally recognized tribe with jurisdiction in Colorado;
(G) A victim's advocate, as defined in section 13-90-107 (1)(k)(II), with experience in providing culturally responsive services in communities of color or a representative from a community-based victim services organization that specializes in serving victims of color;
(H) A member of a community-based organization specializing in behavioral health care with experience in providing culturally responsive care in communities of color and underserved populations;
(I) A member of a community-based organization specializing in diverting individuals from the criminal justice system with experience in providing culturally responsive services in communities of color and underserved populations;
(J) A member who specializes in violence prevention, including in communities of color and underserved populations; and
(K) A community representative.
(b) Members of the committee serve without compensation and without reimbursement for expenses.
(c) The committee shall review applications for grants submitted pursuant to this section and make recommendations on which entities should receive grants and the amount of each grant. The committee should consider which communities have the greatest need, including communities where many of these services are not available due to size or geographic location.
(d) If necessary, in each fiscal year the division may release up to twenty-five percent of the total yearly grant award to a grantee to be used for grantee start-up expenses necessary to implement the grants, including hiring program staff, administrative expenses, or other allowable expenses determined by the division and documented by the applicant. Applicants must not use more then ten percent of the total yearly grant award for administrative costs.
(4) (a) There is created in the state treasury the multidisciplinary crime prevention and crisis intervention grant fund, referred to in this section as the fund, consisting of any money appropriated to the fund by the general assembly and any money received by the division from gifts, grants, or donations for the grant program. Subject to annual appropriation by the general assembly, the division may expend money from the fund for the direct and indirect costs associated with implementing the grant program.
(b) (I) The state treasurer may invest any money in the fund not expended for the purpose of this section as provided by law. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.
(II) (A) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the multidisciplinary crime prevention and crisis intervention grant fund to the multidisciplinary crime prevention and crisis intervention grant fund.
(B) Notwithstanding subsection (4)(a) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the multidisciplinary crime prevention and crisis intervention grant fund to the general fund.
(C) On June 30, 2025, the state treasurer shall transfer one hundred ninety-two thousand three hundred twenty-six dollars from the multidisciplinary crime prevention and crisis intervention grant fund to the general fund. This subsection (4)(b)(II)(C) is repealed, effective July 1, 2026.
(c) (I) The general assembly shall appropriate from the general fund to the fund seven million five hundred thousand dollars in each of the fiscal years 2022-23 and 2023-24 for the grant program.
(II) Each year, the executive director shall award grants from the grant program of not less than two million five hundred thousand dollars in total to:
(A) Law enforcement agencies, including tribal law enforcement agencies; or
(B) County and municipal governments, including local health or human service agencies.
(III) Each year, the executive director shall award grants from the grant program of not less than two million five hundred thousand dollars in total to community-based organizations.
(IV) Each year, the executive director may award grants from the money remaining after the money is awarded pursuant to subsections (4)(c)(II) and (4)(c)(III) of this section to the entities identified in those subsections. For grants awarded pursuant to this subsection (4)(c)(IV), the executive director shall give preference to application in which two or more eligible entities collaborated.
(c.5) Repealed
(d) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(5) On or before August 1, 2023, and August 1, 2024, each governmental agency or other eligible recipient that receives a grant shall provide a narrative and financial report to the division describing how the grant funds were utilized, including data and other information relevant to the performance metrics established in subsection (2) of this section, and evidence of the impact of the grant on crime, criminal justice involvement, and community relationships with law enforcement. On or before October 1, 2023, and on or before October 1, 2024, the division shall submit a summary of the reports to the judiciary committees of the house of representatives and the senate, or to any successor committees.
(6) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-145), ch. 199, p. 1325, § 2, effective May 20. L. 2024: (4)(a) and (6) amended and (4)(c.5) added, (HB 24-1421), ch. 125, p. 416, § 2, effective July 1 (see editor's note). L. 2025: (4)(b) amended, (SB 25-317), ch. 385, p. 2145, § 14, effective June 3.
Editor's note: (1) Section 6 of HB 24-1421 (L. 2024, ch. 125) was amended by section 1 of SB 24-215 (L. 2024, ch. 164) to change the effective date of HB 24-1421 from April 29, 2024, to July 1, 2024.
(2) Subsection (4)(c.5)(II) provided for the repeal of subsection (4)(c.5), effective July 1, 2025. (See L. 2024, p. 416.)
Cross references: For the legislative declaration in SB 22-145, see section 1 of chapter 199, Session Laws of Colorado 2022. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-33.5-528. Law enforcement workforce recruitment, retention, and tuition grant program - committee - fund - reports - repeal. (1) (a) There is created in the division the law enforcement workforce recruitment, retention, and tuition grant program, referred to in this section as the program, to:
(I) Assist law enforcement agencies in addressing workforce shortages;
(II) Improve the training given to P.O.S.T.-certified peace officers; and
(III) Improve relationships between law enforcement and impacted communities.
(b) Eligible grant recipients include Colorado law enforcement agencies, including those serving rural municipalities and counties, tribal law enforcement agencies that serve fewer than fifty thousand residents; third-party membership organizations on behalf of a law enforcement agency; and any state institution of higher education, as defined in section 23-18-102 (10), that operates a law enforcement academy.
(c) Grants may be awarded to:
(I) Recruit, pay the tuition for, and train individuals to work in P.O.S.T.-certified law enforcement careers, which may include:
(A) Pre-apprenticeship and apprenticeship programs for public safety careers;
(B) Scholarships for training in public safety careers;
(C) Tuition reimbursement for successful completion of training at P.O.S.T.-approved law enforcement training academies, for persons who were hired by a law enforcement agency after the effective date of this section and who complete at least one year of the agency's probation period;
(D) Housing assistance while attending peace officer training and continuing education or other training programs if it is necessary because of the time or distance required to commute;
(E) Make student loan payments for individuals' student loans related to the costs of becoming P.O.S.T.-certified peace officers;
(F) Provide supplemental resources to rural and smaller law enforcement agencies that possess modest or no financial resources to recruit and retain qualified and trained P.O.S.T.-certified peace officers;
(G) Providing, or assisting in the provision of, child care for peace officers;
(H) Providing, or assisting in the provision of, cardiovascular and other health screenings; and
(I) Any other strategies demonstrated to recruit, train, and retain high-quality P.O.S.T.-certified peace officers if deemed appropriate by the division;
(II) Increase the number of persons receiving training as P.O.S.T.-certified and non-certified law enforcement personnel and improve the training provided to such persons;
(III) Improve the training provided by entities approved for providing training by the peace officer standards and training board, referred to in this section as approved P.O.S.T. board trainers, by enhancing their curriculum to expand mental health, implicit bias, cultural competency, critical incident, de-escalation, and trauma recovery training and increasing the availability of workforce mobility;
(IV) Provide continuing education opportunities for P.O.S.T.-certified and non-certified law peace officers;
(V) Increase activities intended to foster a more positive relationship between law enforcement and impacted communities;
(VI) Provide opportunities for P.O.S.T-certified and non-certified law peace officers to receive training in equity, diversity, and inclusion;
(VII) Create partnerships with schools, school districts, colleges, or universities to develop and implement internship or mentorship programs for students interested in a career in law enforcement;
(VIII) Create partnerships with schools, school districts, or youth-service organizations to develop and implement youth programs to foster a positive relationship between youth and law enforcement, and to foster early interest in law enforcement careers;
(IX) Develop and implement education campaigns for law enforcement workforce recruitment, retention, and tuition assistance; and
(X) Implement any other strategy demonstrated to recruit, train, and retain a high-quality and diverse law enforcement workforce if deemed appropriate by the division.
(d) (I) A law enforcement agency shall use the grant money to supplement the costs of recruitment and training. A local government or law enforcement agency may not use the grant money to supplant these costs.
(II) A law enforcement agency may not use the grant award to cover the costs of eligible law enforcement officer salaries and benefits if the eligible law enforcement officers would have been hired by the law enforcement agency even if the division had not awarded the law enforcement agency the grant.
(III) Law enforcement agencies that are awarded grants under the grant program may be subject to an audit by the state auditor to ensure that the grant money is used for the purposes articulated in this section.
(e) The division shall administer the program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division by the general assembly for the program. The division shall reach out to and inform rural and small law enforcement agencies of the existence of the program.
(2) The executive director shall:
(a) Develop policies and procedures related to how and by when law enforcement agencies submit grant applications, performance metrics that grantees will be expected to provide, data and other relevant information required as part of their grant report described in subsection (5) of this section, and how grant money is disbursed, including establishing:
(I) Minimum terms of service for individuals who receive or benefit from grant funds; and
(II) Procedures to ensure at least twenty percent of the money allocated is distributed to law enforcement agencies in rural counties and municipalities with a population of fewer than fifty thousand persons, wholly located either east of Interstate 25 or west of the continental divide. If the number of eligible grants from rural applicants is less than twenty percent of all monetary awards, then the committee may reallocate the difference to other jurisdictions.
(b) Appoint members of the law enforcement workforce advisory committee established pursuant to subsection (3) of this section;
(c) After reviewing the recommendations of the law enforcement workforce advisory committee, review grant applications from law enforcement agencies and approved P.O.S.T. board trainers, select agencies and trainers to receive grants, and determine the amount of grant money for each agency and trainer; and
(d) Develop goals for fostering better relationships between law enforcement and impacted communities.
(2.5) The executive director may provide technical support deemed necessary by the executive director for application assistance to applicants.
(3) (a) There is created in the division the law enforcement workforce advisory committee, referred to in this section as the committee. The executive director shall ensure that the composition of the committee is racially, ethnically, and geographically diverse and representative of the communities where crime is disproportionately high. The committee consists of the following twelve members:
(I) The executive director who serves as the chair;
(II) The following members appointed by the executive director:
(A) An elected county sheriff or a sheriff's designee with expertise in the field of law enforcement recruitment, training, or retention;
(B) A chief of police or a chief of police's designee with expertise in the field of law enforcement recruitment, training, or retention;
(C) An individual representing an organization specializing in behavioral health issues or training to handle behavioral health issues, with experience in providing culturally responsive care in communities of color and underserved populations;
(D) A victim's advocate, as defined in section 13-90-107 (1)(k)(II), with experience in providing culturally responsive services in communities of color, or a representative from a community-based victim services organization that specializes in serving victims of color;
(E) A member of a community organization who is an expert in human resource issues with a specific emphasis on recruiting for equity, diversity, and inclusivity;
(F) A member of the governor's justice assistance grant advisory board;
(G) A representative of a federally recognized tribe with jurisdiction in Colorado; and
(H) A representative from the Colorado community college system;
(III) A member of the Colorado peace officers standards and training unit in the attorney general's office appointed by the attorney general;
(IV) A member from a county with a population of fewer than fifty thousand people selected by a statewide organization of counties; and
(V) A member appointed by a statewide organization of municipalities.
(b) The members of the committee serve without compensation and without reimbursement for expenses.
(c) The committee shall review applications for grants submitted pursuant to this section and make recommendations on which agencies should receive grants and the amount of each grant. In determining which entities should receive grants under this section, the advisory committee shall consider:
(I) How the grant would improve and support P.O.S.T.-certified and non-certified peace officer recruitment and retention;
(II) Compliance of the applicant with all relevant state and local laws or a demonstration of how the applicant will come into such compliance;
(III) Sustainability of the project after the grant ends; and
(IV) If the grant includes activities that are likely to foster a more positive relationship between law enforcement and the impacted community.
(4) (a) There is created in the state treasury the law enforcement workforce recruitment, retention, and tuition grant fund, referred to in this section as the fund, consisting of any money appropriated to the fund by the general assembly and any money received by the division from gifts, grants, or donations for the grant program. Subject to annual appropriation by the general assembly, the division may expend money from the fund for the direct and indirect costs associated with implementing the grant program.
(b) The state treasurer may invest any money in the fund not expended for the purpose of this section as provided by law. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.
(c) The general assembly shall appropriate from the general fund to the fund three million seven hundred fifty thousand dollars in each of the state fiscal years 2022-23 and 2023-24 for the program.
(d) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(e) (I) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(II) Notwithstanding subsection (4)(b) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer one hundred nineteen thousand nine hundred seventy-four dollars from the law enforcement workforce recruitment, retention, and tuition grant fund to the general fund.
(B) This subsection (4)(e)(III) is repealed, effective July 1, 2026.
(5) (a) On or before August 1, 2023, and each August 1 thereafter through 2026, each law enforcement agency and any other entity that receives a grant shall provide a financial and narrative report to the division describing how the grant funds were utilized, including data and other relevant information on performance metrics described in subsection (2) of this section. On or before October 1, 2023, and each October 1 thereafter through 2026, the division shall submit a summary of the reports to the judiciary committees of the house of representatives and senate, or to any successor committees, and provide a summary of the program during the hearings conducted pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, following each year in which the program was in effect.
(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (5) continues indefinitely.
(6) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-145), ch. 199, p. 1330, § 2, effective May 20. L. 2023: (1)(c)(I)(F), (1)(c)(I)(G), (1)(c)(IV), IP(2)(a), (5), and (6) amended and (1)(c)(I)(H), (1)(c)(I)(I), (1)(c)(VI), (1)(c)(VII), (1)(c)(VIII), (1)(c)(IX), (1)(c)(X), and (2.5) added, (SB 23-277), ch. 443, p. 2592, § 3, effective June 7. L. 2024: (4)(a) amended, (HB 24-1421), ch. 125, p. 417, § 3, effective July 1 (see editor's note). L. 2025: (4)(b) amended and (4)(e) added, (SB 25-317), ch. 385, p. 2146, § 15, effective June 3.
Editor's note: Section 6 of HB 24-1421 (L. 2024, ch. 125) was amended by section 1 of SB 24-215 (L. 2024, ch. 164) to change the effective date of HB 24-1421 from April 29, 2024, to July 1, 2024.
Cross references: For the legislative declaration in SB 22-145, see section 1 of chapter 199, Session Laws of Colorado 2022. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-33.5-529. State's mission for assistance in recruiting and training (SMART) grant program - committee - fund - reports - definitions - repeal. (1) (a) There is created in the division the state's mission for assistance in recruiting and training (SMART) policing grant program, referred to in this section as the SMART policing program, to provide grants to law enforcement agencies to increase the number of P.O.S.T.-certified and non-certified law enforcement officers who are representative of the communities they serve and to provide training for those additional law enforcement officers.
(b) Eligible grant recipients include county or municipal law enforcement agencies, including those serving rural jurisdictions, which for this section means a county or municipality with a population of fewer than fifty thousand people according to the last federal census and tribal law enforcement agencies and third-party membership organizations on behalf of a law enforcement agency.
(c) Grants may be awarded to increase the diversity of P.O.S.T.-certified and non-certified law enforcement professionals and public safety employees to better reflect the community in which they work, which may include:
(I) Providing opportunities for P.O.S.T-certified and non-certified law enforcement professionals to receive training in equity, diversity, and inclusion;
(II) Creating partnerships with schools, school districts, colleges, or universities to develop and implement internship or mentorship programs for students interested in a career in law enforcement who are representative of the communities they serve;
(III) Creating partnerships with schools, school districts, or youth-service organizations to develop and implement youth programs to foster a positive relationship between youth and law enforcement, and to foster early interest in law enforcement careers in youth who are representative of the communities they serve;
(IV) Developing and implementing education campaigns for law enforcement recruitment and training for P.O.S.T.-certified and non-certified law enforcement professionals who are representative of the communities they serve; and
(V) Any other strategy demonstrated to recruit and train a high-quality and diverse law enforcement workforce if deemed appropriate by the division.
(d) A law enforcement agency may use the grant money to cover costs associated with eligible law enforcement officers' salaries and benefits, including the provision of, or assistance in the provision of, child care for eligible law enforcement officers; recruitment; and training.
(e) The division shall administer the SMART policing program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division by the general assembly for the SMART policing program. The division shall reach out to and inform rural and small law enforcement agencies of the existence of the SMART policing program. The division shall develop guidance for applicants on how it would measure the sustainability of a grant to pay for salaries and benefits on a declining basis in subsequent years of a grant.
(f) (I) A law enforcement agency shall use the grant money to supplement the costs of recruitment and training. A local government or law enforcement agency may not use the grant money to supplant these costs.
(II) A law enforcement agency may not use the grant award to cover the costs of eligible law enforcement officer salaries and benefits if the eligible law enforcement officers would have been hired by the law enforcement agency even if the division had not awarded the law enforcement agency the grant.
(III) Law enforcement agencies who are awarded grants under the SMART policing program may be subject to an audit by the state auditor to ensure that the grant money is used for the purposes articulated in this section.
(2) The executive director shall develop policies and procedures related to how and by when law enforcement agencies and any organization that provides training, technical assistance, or financial support to such agencies submit grant applications, performance metrics that grantees will be expected to provide, data, and other relevant information as part of their grant report described in subsection (5) of this section and how grant money is disbursed, including:
(a) Establishing a requirement that an applicant specify the percentage of any grant that will be used to pay for each of the categories of recruitment, training, and salary and benefits;
(b) Establishing minimum terms of service for individuals who receive or benefit from grant funds; and
(c) Procedures to ensure at least twenty percent of the money allocated is distributed to law enforcement agencies in rural counties and municipalities with a population of fewer than fifty thousand persons, wholly located either east of interstate 25 or west of the continental divide. If the number of eligible grants from rural applicants is less than twenty percent of all monetary awards, then the committee may reallocate the difference to other jurisdictions.
(2.5) The executive director may provide technical support deemed necessary by the executive director for application assistance to applicants.
(3) (a) There is created in the division the law enforcement workforce advisory committee, referred to in this section as the committee. The committee consists of the members of the law enforcement workforce advisory committee established pursuant to section 24-33.5-528 (3).
(b) The members of the committee serve without compensation and without reimbursement for expenses.
(c) The committee shall review applications for grants submitted pursuant to this section and make recommendations on which agencies should receive grants and the amount of each grant. In determining which entities should receive grants under this section, the committee shall consider:
(I) How the grant would increase the number and training of P.O.S.T.-certified and non-certified law enforcement officers who are representative of the communities they serve;
(II) Compliance of the applicant with all relevant state and local laws or a demonstration of how the applicant will come into such compliance;
(III) Demographic data of the agency and how the grant would enhance diversity of the agency's workforce and ensure its workforce was reflective of the demographic of the community;
(IV) The breakdown of the percentage of money used for recruitment, training, and salaries and benefits, giving priority to salary and benefits; and
(V) Sustainability of the project after the grant ends.
(4) (a) There is created in the state treasury the SMART policing grant fund, referred to in this section as the fund, consisting of any money appropriated to the fund by the general assembly and any money received by the division from gifts, grants, or donations for the SMART policing program. Subject to annual appropriation by the general assembly, the division may expend money from the fund for the direct and indirect costs associated with implementing the SMART policing program.
(b) The state treasurer may invest any money in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.
(c) The general assembly shall appropriate from the general fund to the division three million seven hundred fifty thousand dollars in each of the state fiscal years 2022-23 and 2023-24 for the SMART policing program.
(d) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(e) (I) Notwithstanding any provision of this subsection (4) to the contrary, on June 30, 2025, the state treasurer shall transfer five hundred thousand dollars from the fund to the general fund.
(II) This subsection (4)(e) is repealed, effective July 1, 2026.
(5) (a) On or before August 1, 2023, and each August 1 thereafter through 2026, each law enforcement agency that receives a grant shall provide a narrative and financial report to the division describing how the grant funds were utilized. On or before October 1, 2023, and each October 1 thereafter through 2026, the division shall submit a summary of the reports to the judiciary committees of the house of representatives and senate, or to any successor committees, and provide a summary of the SMART policing program during the hearings conducted pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, following each year in which the SMART policing program was in effect.
(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (5) continues indefinitely.
(6) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-145), ch. 199, p. 1334, § 2, effective May 20. L. 2023: (1)(c), (1)(d), IP(2), (5), and (6) amended and (2.5) added, (SB 23-277), ch. 443, p. 2593, § 4, effective June 7. L. 2024: (4)(a) amended, (HB 24-1421), ch. 125, p. 417, § 4, effective July 1 (see editor's note). L. 2025: (4)(e) added, (SB 25-264), ch. 129, p. 502, § 19, effective April 25.
Editor's note: Section 6 of HB 24-1421 (L. 2024, ch. 125) was amended by section 1 of SB 24-215 (L. 2024, ch. 164) to change the effective date of HB 24-1421 from April 29, 2024, to July 1, 2024.
Cross references: For the legislative declaration in SB 22-145, see section 1 of chapter 199, Session Laws of Colorado 2022.
24-33.5-530. Statewide crime prevention forum - facilitator - repeal. (Repealed)
Source: L. 2022: Entire section added, (SB 22-145), ch. 199, p. 1337, § 2, effective May 20.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2023. (See L. 2022, p. 1337.)
Cross references: For the legislative declaration in SB 22-145, see section 1 of chapter 199, Session Laws of Colorado 2022.
24-33.5-531. Project management team - repeal. (Repealed)
Source: L. 2022: Entire section added, (SB 22-145), ch. 199, p. 1338, § 2, effective May 20.
Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2025. (See L. 2022, p. 1338.)
24-33.5-532. Behavioral health information and data-sharing in the criminal justice system - grants - appropriation - repeal. (1) There is established in the division the behavioral health information and data-sharing program to enable jails to exchange behavioral health, housing, and demographic information with the Colorado integrated criminal justice information system in order to maintain continuity of care as persons detained in a jail transfer between criminal justice agencies and the community.
(2) (a) As part of the program, the division shall issue one-time grants to counties. Every county is eligible for a grant. A county that receives a grant shall use the grant money to:
(I) Integrate the county jail's data systems with the Colorado integrated criminal justice information system;
(II) Standardize client-specific information through common data fields relating to the behavioral, mental, and physical health needs of persons detained in the jail; housing needs for persons following release from jail; and demographic information of persons detained in the jail; and
(III) Automate data reporting required pursuant to state and federal law.
(b) The division shall develop policies for awarding grants; a process for counties to apply for and receive a grant, including grant application deadlines; and a process for determining the amount of a grant award. The division shall make the policies publicly available on its website and shall not set a grant application deadline earlier than twenty-eight days after the policies are made public. The division shall provide, upon request, assistance to counties with applying for a grant. Subject to available appropriations, the division shall award grants to counties that apply for a grant and whose application is approved by the application review committee described in subsection (2)(c) of this section.
(c) The division shall convene an application review committee to review the grant applications. The committee consists of a representatives from the division, the office of information technology created in section 24-37.5-103, the Colorado integrated criminal justice information system program, and the behavioral health administration. The review committee shall review each grant application to ensure that each proposed project has justifiable costs and includes plans to use technology that meets state standards, and that all data exchange requirements will be added to the applicant's jail management system, as defined in section 17-26-118. The division shall provide technical assistance to jails that need help to determine costs, technology, and data requirements.
(3) The division shall collaborate with the office of information technology, created in section 24-37.5-103, to oversee the implementation of any data-sharing systems or software necessary to exchange information with the Colorado integrated criminal justice information system to ensure continuity of care for persons who are detained.
(4) For the 2022-23 state fiscal year, the general assembly shall appropriate three million five hundred thousand dollars from the behavioral and mental health cash fund created in section 24-75-230 to the department for the purposes of this section. Any money remaining at the end of the 2022-23 state fiscal year from this appropriation is further appropriated to the department for the purposes of this section. The department shall obligate and spend the money received pursuant to this subsection (4) in accordance with section 24-75-226 (4)(d).
(5) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-196), ch. 193, p. 1291, § 6, effective May 19. L. 2023: (4) and (5) amended, (SB 23-277), ch. 443, p. 2595, § 5, effective June 7. L. 2024: (4) amended, (HB 24-1466), ch. 429, p. 2940, § 22, effective June 5.
Cross references: For the legislative declaration in SB 22-196, see section 1 of chapter 193, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
24-33.5-533. Synthetic opiate poisoning investigation and distribution interdiction grant program - creation - duties - rules - reports - appropriation - definition - repeal. (1) There is created in the division the synthetic opiate poisoning investigation and distribution interdiction grant program, referred to in this section as the grant program, to provide grants to law enforcement agencies for the purpose of investigating deaths caused by synthetic opiate poisoning and disrupting synthetic opiate supplies.
(2) A law enforcement agency may apply for a grant for the following purposes only:
(a) Investigating deaths and serious injuries caused by illegal synthetic opiate poisoning;
(b) Investigating, enforcing, and prosecuting synthetic opiate importation and high-level distribution networks, including multijurisdictional and multistate investigations and enforcement operations, to reduce the supply of illegal synthetic opiates and precursor chemicals in Colorado;
(c) Technology, equipment, and training to enhance intelligence, information-sharing capabilities, and interagency collaboration among federal, state, and local law enforcement partners regarding synthetic opiate importation and high-level distribution networks; and
(d) Analyzing emergent trends in markets, including the use of the postal service, private courier, commercial cargo, and the internet, for the import and distribution of illegal synthetic opiates through a systematic and standardized approach, including the use of novel, high-frequency, and real-time systems to enhance market surveillance.
(3) (a) Subject to available appropriations, gifts, grants, or donations, the division shall administer the grant program and shall award grants as provided in this section.
(b) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(4) The division may promulgate such rules as may be necessary to implement the grant program, including rules concerning required performance metrics, data collection, and other relevant information that grantees are required to report pursuant to subsection (5) of this section.
(5) (a) On or before August 1, 2023, and on or before August 1 each year thereafter, each grant recipient that received a grant through the grant program in the preceding state fiscal year shall submit a narrative and financial report of grant expenses to the division in a format required by the division. At a minimum, the report must include a description of the uses of the grant money, including metrics, data, and other relevant information required by the division, during the applicable grant term. The division may promulgate rules regarding reporting requirements, including additional information to be included in the report.
(b) On or before December 1, 2023, and on or before December 1 each year thereafter for the duration of the grant program, the division shall submit a summarized report to the judiciary committees of the house of representatives and the senate, or any successor committees. At a minimum, the report must include the information provided by grant recipients to the division pursuant to this subsection (5).
(6) The division shall consult the P.O.S.T. board director, or the director's designee, and the deputy attorney general of the division of criminal justice within the department of law, created in section 24-31-102 (2), concerning the implementation of this section, including recommendations for potential grant recipients and expenditures.
(7) The division shall consult the opioid crisis recovery funds advisory committee, created in section 27-81-118, concerning the implementation of this section, including recommendations for potential grant recipients and expenditures, and assistance seeking gifts, grants, and donations pursuant to subsection (3)(b) of this section.
(8) As used in this section, unless the context otherwise requires, law enforcement agency has the same meaning set forth in section 24-32-124 (1)(e), and includes a district attorney's office, a multijurisdictional law enforcement task force that includes a law enforcement agency as defined by section 24-32-124 (1)(e), or a police department for a private or state institution of higher education.
(9) This section is repealed, effective July 1, 2026.
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1659, § 38, effective July 1.
Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2025, see section 1 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.
24-33.5-534. Task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel - creation - membership - duties - report - definitions - repeal. (Repealed)
Source: L. 2023: Entire section added, (HB 23-1108), ch. 265, p. 1571, § 1, effective May 25.
Editor's note: Subsection (16) provided for the repeal of this section, effective July 1, 2024. (See L. 2023, p. 1571.)
24-33.5-535. Alternative metrics to measure criminal justice system performance - working group - created - report - repeal. (1) There is created in the division the alternative metrics to measure criminal justice system performance working group to make recommendations to the general assembly regarding metrics other than recidivism to assess supervision outcomes, criminal desistance, client experience in the criminal justice system, and criminal justice system performance.
(2) (a) The working group consists of the following members:
(I) A representative of the division of youth services within the department of human services, appointed by the executive director of the department of human services;
(II) A representative of the department of corrections, appointed by the executive director of the department of corrections;
(III) A representative of the judicial department, appointed by the state court administrator;
(IV) A representative of the department of public safety, appointed by the executive director of the department of public safety;
(V) Two members from an institution of higher education with expertise in the criminal legal system who have conducted relevant research regarding the effectiveness of the criminal legal system, appointed by the executive director of the department of public safety; and
(VI) Two members who are each a representative of a community-based organization that works for criminal legal reform, appointed by the president of the senate.
(b) No later than November 30, 2024, the appointing authorities shall make their appointments to the working group.
(c) Members of the working group do not receive compensation or reimbursement for expenses.
(d) The division shall facilitate the work of the working group. The working group shall allow for remote participation at each meeting of the working group.
(3) (a) The division shall convene the first meeting of the working group no later than February 1, 2025.
(b) The working group shall consult with stakeholders either identified by the working group or who request to participate in the working group's work. The general assembly encourages the working group to provide an opportunity for stakeholder participation at each working group meeting.
(4) (a) The working group shall study metrics and methods, other than measuring recidivism, to:
(I) Supplement the current measure of recidivism, including measures of desistance from crime such as reductions in the frequency and seriousness of new criminal behavior and increases in the length of time between criminal behaviors;
(II) Measure risk-reduction outcomes;
(III) Comprehensively measure successful outcomes that consider various aspects of life, including employment, housing, education, mental health, personal well-being, social supports, and civic and community engagement; and
(IV) More effectively measure criminal justice system performance to ensure alignment with best practices both in supervision program design and implementation.
(b) As part of its study of alternative metrics and methods, the working group shall also identify:
(I) Methods to obtain information from individuals under supervision, as well as those recently terminated from supervision, regarding the individuals' supervision experiences. The information may include the quality and perceived effectiveness of the relationship with an individual's supervising agent; access to needed supports and services; and self-assessment of an individual's stability and overall well-being, both before and after supervision.
(II) Data collection gaps or barriers, and make recommendations for how to address those gaps or barriers, including the need for the state to invest in strengthening data collection and data matching capacity;
(III) Limitations or qualifiers that need to be understood regarding any metric or method included in the working group's recommendations;
(IV) The timeline to develop and implement a new metric or method, and potential resources needed for development and implementation; and
(V) Any customization of a metric or method that may be necessary to account for the age, gender, race, ethnicity, or risk-level of a specific cohort being measured using a recommended metric or method.
(5) On or before July 1, 2025, the working group shall submit its report to the house of representatives public and behavioral health and human services committee and the house of representatives judiciary committee and the senate health and human services committee and the senate judiciary committee, or their successor committees. The report must include a summary of the working group's work and any recommendations of the working group about the development and implementation of methods and metrics, other than measuring recidivism, to evaluate the effectiveness of the criminal justice system.
(6) This section is repealed, effective June 30, 2026.
Source: L. 2024: Entire section added, (SB 24-029), ch. 12, p. 28, § 2, effective March 6.
Cross references: For the legislative declaration in SB 24-029, see section 1 of chapter 12, Session Laws of Colorado 2024.
24-33.5-536. Definition of recidivism working group - created - membership. (1) (a) The division shall convene a working group to develop a definition of recidivism to be used by each state entity, including each department, division, agency, office, or commission that collects data or reports on recidivism, in any report issued by the entity.
(b) The division shall identify each state entity, including each department, division, agency, office, or commission that collects data or reports on recidivism in any report issued by the entity.
(c) Except as otherwise required by state or federal law, beginning July 1, 2025, each state entity described in subsection (1)(b) of this section shall use the definition of recidivism developed by the working group pursuant to this section in the entity's recidivism data collection. Any document or report that includes recidivism data collected by a state entity on or after July 1, 2025, must report the data consistent with the definition of recidivism developed by the working group. This section does not prohibit a state entity from reporting, in addition to data about recidivism as defined by the working group, any other metrics the state entity deems necessary or relevant to its mission, or to meet the needs of the entity.
(2) (a) The working group consists of the following members:
(I) A representative of the judicial department, appointed by the state court administrator;
(II) A representative of the department of corrections, appointed by the executive director of the department of corrections;
(III) A representative of the division of youth services in the department of human services, appointed by the executive director of the department of human services;
(IV) A representative of the state board of parole, appointed by the chair of the parole board;
(V) A representative of the department of public safety with expertise in community corrections, appointed by the executive director of the department of public safety;
(VI) A member from an institution of higher education with expertise in the criminal legal system who has conducted relevant research regarding recidivism, appointed by the executive director of the department of public safety; and
(VII) A representative of a community-based organization that works for criminal legal reform and supports consistent data collection, appointed by the executive director of the department of public safety.
(b) No later than September 15, 2024, the appointing authorities shall make their appointments to the working group.
(c) Members of the working group do not receive compensation or reimbursement for expenses.
(d) The division shall facilitate the work of the working group. The working group shall allow for remote participation at each meeting of the working group.
(3) (a) The working group shall develop a definition of recidivism no later than January 15, 2025.
(b) No later than January 31, 2025, the working group shall provide its definition of recidivism to each state entity identified by the division in subsection (1)(b) of this section.
(4) The definition of recidivism developed by the working group pursuant to this section must include, at a minimum:
(a) A clearly defined measurement point to begin tracking the recidivism event described in subsection (4)(c) of this section;
(b) A clear description of the cohort to be tracked;
(c) That a recidivism event is a new deferred agreement or an adjudication or conviction for a felony offense or misdemeanor offense, including all Victim Rights Act crimes as defined in section 24-4.1-302 (1); and
(d) A clearly defined time period during which an event is considered a recidivism event that is consistent with best practices for measuring recidivism.
(5) Subject to available resources, and if the working group determines it can do so prior to January 15, 2025, to promote the use of consistent definitions by various state entities, the working group may develop definitions of other metrics or data points related to recidivism or the desistance from crime that state entities may use as applicable.
(6) The working group shall not meet after January 31, 2025.
Source: L. 2024: Entire section added, (HB 24-030), ch. 13, p. 31, § 1, effective March 6.
24-33.5-537. Peace Officer Training and Support Fund. (Repealed)
Source: Initiated 2024: Entire section added, Proposition 130, effective upon proclamation of the Governor, December 17, see L. 2025, p. 3628. L. 2025: Entire section repealed, (SB 25-310), ch. 359, p. 1947, § 2, effective June 2.
Editor's note: (1) This section was numbered as § 24-33.5-535 in Proposition 130 but was renumbered on revision for ease of location.
(2) This section was added by Proposition 130, effective upon proclamation of the governor, December 17, 2024, see L. 2025, p. 3628. The vote count for the measure at the general election held November 5, 2024, was as follows:
FOR: 1,583,118
AGAINST: 1,415,528
Cross references: For the statement of purpose in Proposition 130, see Session Laws of Colorado 2025 p. 3628.
24-33.5-538. Appropriation. (Repealed)
Source: Initiated 2024: Entire section added, Proposition 130, effective upon proclamation of the Governor, December 17, see L. 2025, p. 3628. L. 2025: Entire section repealed, (SB 25-310), ch. 359, p. 1947, § 3, effective June 2.
Editor's note: (1) This section was numbered as § 24-33.5-536 in Proposition 130 but was renumbered on revision for ease of location.
(2) This section was added by Proposition 130, effective upon proclamation of the governor, December 17, 2024, see L. 2025, p. 3628. The vote count for the measure at the general election held November 5, 2024, was as follows:
FOR: 1,583,118
AGAINST: 1,415,528
Cross references: For the statement of purpose in Proposition 130, see Session Laws of Colorado 2025 p. 3628.
24-33.5-539. Automated protection order notification system - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Advocate means a person whose regular or volunteer duties include supporting a protected person.
(b) Immediate family means a protected person's spouse, child, or parent, or a blood relative who lives in the same residence as the protected person and is not a restrained person.
(c) Interested person means a law enforcement officer, a judicial officer, a district attorney, or an advocate.
(d) Protected person means the person identified in a protection order as the person for whose benefit the protection order was issued.
(e) Registered user means a protected person, protected person's immediate family, or other interested persons who are registered with the automated protection order notification system established in subsection (2) of this section.
(f) Restrained person means the person identified in the protection order as the person prohibited from engaging in specified acts.
(2) Subject to available appropriations and subsection (10) of this section, the division shall establish an automated protection order notification system to provide a protected person, the protected person's immediate family, and other interested persons with information related to a protection order issued pursuant to section 18-1-1001 or article 14 of title 13.
(3) The automated protection order notification system must include, but is not limited to, the following information, if available:
(a) The date the protection order was served or was attempted to be served;
(b) An advance notice occurring one hundred twenty days before and again occurring thirty days before the protection order expires;
(c) Whether the restrained person filed a motion to terminate the protection order, regardless of whether the motion was granted;
(d) Whether an extreme risk protection order was issued against the restrained person pursuant to article 14.5 of title 13, and if so, the date the extreme risk protection order was served or was attempted to be served;
(e) Whether the restrained person applied for and was denied the purchase or transfer of a firearm as the result of a background check; and
(f) Whether the restrained person completed and submitted a firearm purchase or transfer application that indicated the restrained person was ineligible to possess a firearm pursuant to state or federal law.
(4) The Colorado bureau of investigation in the division shall make the information described in subsection (3) of this section available to the division for the purpose of providing the information to a protected person, the protected person's immediate family, or other interested persons pursuant to subsection (2) of this section.
(5) The automated protection order notification system must disseminate the information described in subsection (3) of this section to registered users in English and Spanish through a telephone call, email, text message, or mobile phone application.
(6) The division may contract with a third-party entity to provide the functionality for the automated protection order notification system. The third-party entity must be able to:
(a) Operate a support center that is open twenty-four hours a day, seven days a week;
(b) Send emails and text messages to registered users through a mobile phone application;
(c) Provide Spanish interpretation services; and
(d) Provide directory or contact information for available supportive resources, including, but not limited to, housing, health care and behavioral health care, domestic violence victim assistance, and financial assistance.
(7) The Colorado bureau of investigation, the division, and the third-party entity, if one was contracted pursuant to subsection (6) of this section, shall implement any necessary data-sharing standards in order to protect data from being transferred from the Colorado bureau of investigation and the division to the contracted third-party entity.
(8) The automated protection order notification system must be compatible with the state's existing automated victim notification system described in section 24-4.1-303 (15)(c).
(9) A public entity, as defined in section 24-10-103, is immune from liability in any civil action based on the public entity's release of information or the failure to release information related to the automated protection order notification system.
(10) (a) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(b) The division shall not establish or operate the automated protection order notification system until the division receives sufficient money to establish and operate the system for at least one year from gifts, grants, or donations, including federal funds, or money appropriated to the division from the Colorado crime victim services fund established in section 24-33.5-505.5. The general assembly shall not appropriate any money from the general fund for the purposes of this section. Notwithstanding section 24-75-1305, the general assembly may appropriate money to the division from the Colorado crime victim services fund in any state fiscal year.
Source: L. 2025: Entire section added, (HB 25-1098), ch. 347, p. 1873, § 1, effective August 6.
PART 6
COLORADO COMMUNITY POLICING ACT
Cross references: For the legislative declaration contained in the 2006 act enacting this part, see section 1 of chapter 246, Session Laws of Colorado 2006.
24-33.5-601. Short title. This part 6 shall be known and may be cited as the Colorado Community Policing Act.
Source: L. 2006: Entire part added, p. 1124, § 3, effective May 25.
24-33.5-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) At-risk neighborhood means an urban or rural neighborhood or community in which there are incidences of:
(a) Poverty, unemployment and underemployment, substance abuse, crime, school dropouts, illiteracy, teen pregnancies and teen parents, domestic violence, or other conditions that put families at risk; or
(b) Alcohol abuse, public intoxication, or repetitive disturbances of the peace.
(2) Local law enforcement agency means a police department in incorporated municipalities, the office of the county sheriff, or a campus police agency.
Source: L. 2006: Entire part added, p. 1124, § 3, effective May 25.
24-33.5-603. Colorado community policing program - creation. There is hereby created in the division of criminal justice the Colorado community policing program for the purpose of providing grants to local law enforcement agencies for the implementation of community policing plans that are designed to proactively prevent crime in cooperation with residents of communities and at-risk neighborhoods and providing training and education related to the program.
Source: L. 2006: Entire part added, p. 1124, § 3, effective May 25.
24-33.5-604. Colorado community policing program - administration. (1) The Colorado community policing program shall be administered through the division of criminal justice. The division shall establish procedures and timelines for the submittal of grant applications by local law enforcement agencies seeking to implement a community policing plan or to continue the operation of an existing community policing program.
(2) To be eligible for moneys from the community policing program cash fund created in section 24-33.5-605, a local law enforcement agency shall apply to the division of criminal justice in accordance with the procedures and timelines developed by the division pursuant to subsection (1) of this section. The application of a local law enforcement agency shall include a community policing plan that meets the criteria for such plans developed by the division. A plan may include, but not be limited to, the following:
(a) The creation of a partnership or collaboration between the local law enforcement agency and the families, individuals, children, and youth who live in at-risk neighborhoods for the purpose of crime prevention activities and strategies;
(b) The utilization of public or private facilities for regular interaction between the local law enforcement agency and the community, including, but not limited to, community centers, gymnasiums, and libraries or other reading areas;
(c) The support of and participation in local youth educational and recreational programs by the local law enforcement agency;
(d) Regularly scheduled neighborhood meetings between local law enforcement professionals and the residents of the community or at-risk neighborhood;
(e) The enhanced and regularized presence of the local law enforcement agency in a community or at-risk neighborhood through the use of foot patrols, bicycles, motorcycles, and participation in activities and events; and
(f) The process or measurement for evaluating whether the Colorado community policing program is reducing or preventing the incidence of crime in a community or at-risk neighborhood.
(3) Subject to available appropriations, the division of criminal justice shall select those local law enforcement agencies that will receive grants through the Colorado community policing program. The division shall determine the amount of each grant awarded to a local law enforcement agency.
Source: L. 2006: Entire part added, p. 1124, § 3, effective May 25.
24-33.5-605. Community policing program cash fund - creation. (1) There is hereby created in the state treasury the community policing program cash fund. The moneys in the fund shall be subject to annual appropriation by the general assembly to award grants to local law enforcement agencies and for the direct and indirect costs associated with the implementation of this part 6. The division of criminal justice is authorized to accept on behalf of the state any grants, gifts, or donations from any private or public source for the purpose of this part 6 pursuant to section 24-33.5-503 (1)(e). All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.
(2) Notwithstanding the provisions of subsection (1) of this section, the division of criminal justice shall not implement the Colorado community policing program until sufficient grants, gifts, or donations are obtained to cover the costs of implementing the program.
Source: L. 2006: Entire part added, p. 1125, § 3, effective May 25.
PART 7
EMERGENCY MANAGEMENT
Editor's note: This part 7 was added in 1983. It was repealed in 1992 and was subsequently recreated and reenacted with relocations in 2012, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 7 prior to 1992, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2012 are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act recreating and reenacting this part 7, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-701. Short title. The short title of this part 7 is the Colorado Disaster Emergency Act.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1070, § 10, effective July 1. L. 2018: Entire section amended, (HB 18-1394), ch. 234, p. 1458, § 1, effective August 8.
Editor's note: This section is similar to former § 24-32-2101 as it existed prior to 2012.
24-33.5-702. Purposes and limitations. (1) The purposes of this part 7 are to:
(a) Reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from all-hazards, including natural catastrophes or catastrophes of human origin, civil disturbance, or hostile military or paramilitary action;
(b) Prepare for prompt and efficient search, rescue, recovery, care, and treatment of persons lost, entrapped, victimized, or threatened by disasters or emergencies;
(c) Provide a setting conducive to the rapid and orderly recovery, restoration, and rehabilitation of persons and property affected by disasters;
(d) Clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to, and recovery from disasters;
(e) Authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;
(f) Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this state and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;
(g) Provide a disaster and emergency management system embodying all aspects of pre-disaster and pre-emergency preparedness, prevention, mitigation, and post-disaster and post-emergency response and recovery; and
(h) Assist in prevention of disasters caused or aggravated by inadequate planning for regulation of public and private facilities and land use.
(2) Nothing in this part 7 shall be construed to:
(a) Interfere with the course or conduct of a labor dispute; except that actions otherwise authorized by this part 7 or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(b) Interfere with dissemination of news or comment on public affairs; except that any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency;
(c) Affect the jurisdiction or responsibilities of police forces, fire-fighting forces, or units of the armed forces of the United States, or of any personnel thereof, when on active duty; except that state, local, and interjurisdictional disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; or
(d) Limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provision of this part 7.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1070, § 10, effective July 1. L. 2018: (1)(a), (1)(c), and (1)(g) amended, (HB 18-1394), ch. 234, p. 1458, § 2, effective August 8.
Editor's note: This section is similar to former § 24-32-2102 as it existed prior to 2012.
24-33.5-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Bioterrorism means the intentional use of microorganisms or toxins of biological origin to cause death or disease among humans or animals.
(2) Repealed.
(3) Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or cause of human origin, including but not limited to fire; flood; earthquake; wind; storm; wave action; hazardous substance incident; oil spill or other water contamination requiring emergency action to avert danger or damage; volcanic activity; epidemic; air pollution; blight; drought; infestation; explosion; civil disturbance; hostile military or paramilitary action; a market disruption, including a trade disruption or an atypical disruption in the market that affects production, distribution, or consumption of a product or service; or a condition of riot, insurrection, or invasion existing in the state or in any county, city, town, or district in the state.
(3.5) Emergency means an unexpected event that places life or property in danger and requires an immediate response through the use of state and community resources and procedures.
(4) Emergency epidemic means cases of an illness or condition, communicable or noncommunicable, caused by bioterrorism, pandemic influenza, or novel and highly fatal infectious agents or biological toxins.
(4.3) Emergency management means the actions taken to prepare for, respond to, and recover from emergencies and disasters and mitigate against current and future risk.
(4.5) Mitigation means the sustained action to reduce or eliminate risk to people and property from hazards and their effects.
(5) Pandemic influenza means a widespread epidemic of influenza caused by a highly virulent strain of the influenza virus.
(6) Political subdivision means any county, city and county, city, or town and may include any other agency designated by law as a political subdivision of the state.
(7) (a) Publicly funded safety net program means a program that is administered by a state department and that:
(I) Is funded wholly or in part with state, federal, or a combination of state and federal funds; and
(II) Provides or facilitates the provision of medical services to vulnerable populations, including children, disabled individuals, and the elderly.
(b) The term includes a program of medical assistance, as defined in section 25.5-1-103 (5), C.R.S.
(7.3) Recovery means the short, intermediate, and long-term actions taken to restore community functions, services, vital resources, facilities, programs, continuity of local government services and functions, and infrastructure to the affected area.
(7.5) Resiliency means the ability of communities to rebound, positively adapt to, or thrive amidst changing conditions or challenges, including human-caused and natural disasters, and to maintain quality of life, healthy growth, durable systems, economic vitality, and conservation of resources for present and future generations.
(7.7) Response means the actions taken directly following the onset of an emergency or disaster to provide immediate assistance to maintain life, improve health, protect property, restore essential functions, and ensure the security of the affected population.
(8) Search and rescue means the employment, coordination, and utilization of available resources and personnel in locating, relieving distress and preserving life of, and removing survivors from the site of a disaster, emergency, or hazard to a place of safety in case of lost, stranded, entrapped, or injured persons.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1071, § 10, effective July 1. L. 2018: (2) amended and (3.5), (4.3), (4.5), (7.3), (7.5), and (7.7) added, (HB 18-1394), ch. 234, p. 1459, § 3, effective August 8. L. 2025: (2) repealed, (HB 25-1027), ch. 65, p. 273, § 7, effective April 10; (3) amended, (HB 25-1010), ch. 174, p. 726, § 1, effective August 6.
Editor's note: (1) This section is similar to former § 24-32-2103 as it existed prior to 2012.
(2) Section 3(2) of chapter 174 (HB 25-1010), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
24-33.5-704. The governor and disaster emergencies - response - duties and limitations. (1) The governor is responsible for meeting the dangers to the state and people presented by disasters.
(2) Under this part 7, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of law.
(3) Repealed.
(4) A disaster emergency shall be declared by executive order or proclamation of the governor if the governor finds a disaster has occurred or that this occurrence or the threat thereof is imminent. The state of disaster emergency shall continue until the governor finds that the threat of danger has passed or that the disaster has been dealt with to the extent that emergency conditions no longer exist and the governor terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than thirty days unless renewed by the governor. The general assembly, by joint resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection (4) shall indicate the nature of the disaster, the area threatened, and the conditions that brought it about or that make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the office of emergency management in the division of homeland security and emergency management, the secretary of state, the county clerk and recorder, and emergency management agencies in the area to which it applies.
(5) An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this part 7 or any other provision of law relating to disaster emergencies.
(6) During the continuance of any state of disaster emergency, the governor is commander-in-chief of the organized and unorganized militia and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but nothing in this section restricts the governor's authority to do so by orders issued at the time of the disaster emergency.
(6.5) (a) During the response to or recovery from any state of disaster emergency, the governor may convene a disaster policy group if needed to effectively and efficiently coordinate policy-level decision-making and to advise the governor on the response to and recovery from the event. The policy group must include a representative from the department of local affairs and appropriate state agencies involved in the response and recovery effort.
(b) If the governor convenes a disaster policy group pursuant to subsection (6.5)(a) of this section, the governor shall appoint a chair and shall delegate to the chair the authority to manage cross-departmental and interjurisdictional coordination for recovery efforts.
(7) In addition to any other powers conferred upon the governor by law, the governor may:
(a) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
(b) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;
(c) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
(d) Subject to any applicable requirements for compensation under section 24-33.5-711, commandeer or utilize any private property if the governor finds this necessary to cope with the disaster emergency;
(e) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(f) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(g) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein;
(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles;
(i) Make provision for the availability and use of temporary emergency housing; and
(j) Determine the percentage at which the state and a local government will contribute moneys to cover the nonfederal cost share required by the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. sec. 5121 et seq., required by the federal highway administration pursuant to 23 U.S.C. sec. 125, or required by any other federal law in order to receive federal disaster relief funds. After making such a determination, the governor may amend the percentage at which the state and local government will contribute moneys to the nonfederal cost share based on the needs of the individual local governments. As soon as practicable after making or amending such a determination, the governor shall notify the joint budget committee of the source and amount of state moneys that will be contributed to cover a nonfederal cost share pursuant to this paragraph (j).
(8) and (9) Repealed.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1072, § 10, effective July 1. L. 2014: (3) and (8)(a)(III) repealed and (8)(a)(I), (8)(a)(II), and (8)(b)(IV) amended, (HB 14-1004), ch. 11, p. 102, § 2, effective February 27; (7)(j) added, (SB 14-121), ch. 54, p. 250, § 1, effective March 21. L. 2018: (4) amended, (6.5) added, and (8) and (9) repealed, (HB 18-1394), ch. 234, pp. 1459, 1473, §§ 4, 21, effective August 8.
Editor's note: (1) This section is similar to former § 24-32-2104 as it existed prior to 2012.
(2) Subsections (8) and (9) were relocated to § 24-33.5-704.5 in 2018.
24-33.5-704.3. Temporary prohibition on extraordinary collection actions - definitions - repeal. (Repealed)
Source: L. 2020: Entire section added, (SB 20-211), ch. 140, p. 608, § 2, effective June 29. L. 2021: (2), (4), (5)(a)(I), and (5)(b) amended, (3) repealed, and (5)(c) added, (SB 21-002), ch. 7, p. 43, § 1, effective January 21.
Editor's note: Subsection (6) provided for the repeal of this section, effective September 1, 2022. (See L. 2020, p. 608.)
Cross references: For the legislative declaration in SB 20-211, see section 1 of chapter 140, Session Laws of Colorado 2020.
24-33.5-704.5. Continuity of operations plans - reports to general assembly.
(1) Repealed.
(2) Each department that administers a publicly funded safety net program shall develop a continuity of operations plan that establishes procedures for the response by, and continuation of operations of, the department and the safety net program in the event of an emergency epidemic. In addition, notwithstanding section 24-1-136 (11), each department shall submit a report by March 1 of each year to the health and human services committees of the senate and the house of representatives, or any successor committees, regarding the status of the department's plan, as well as the status of any other plans or procedures of the department regarding emergency and disaster preparedness.
Source: L. 2018: Entire section added with relocations, (HB 18-1394), ch. 234, p. 1460, § 5, effective August 8. L. 2024: (1)(b)(II)(G) and (1)(b)(II)(H) amended and (1)(b)(II)(I) added, (HB 24-1262), ch. 393, p. 2714, § 8, effective June 4. L. 2025: (1) repealed and (2) amended, (HB 25-1027), ch. 65, p. 272, §§ 3, 4, effective April 10.
Editor's note: Subsection (1) is similar to former § 24-33.5-704 (8), and subsection (2) is similar to former § 24-33.5-704 (9), as they existed prior to 2018.
Cross references: For the legislative declaration in HB 24-1262, see section 1 of chapter 393, Session Laws of Colorado 2024.
24-33.5-705. Office of emergency management - creation. (1) The office of emergency management is created within the division of homeland security and emergency management in the department of public safety. The office of emergency management exercises its powers, duties, and functions as a type 2 entity, as defined in section 24-1-105. Pursuant to section 13 of article XII of the state constitution, the director of the division of homeland security and emergency management shall appoint a director as head of the office of emergency management.
(2) The office of emergency management shall create a comprehensive emergency management program that includes policies, plans, and procedures that address the preparation, prevention, mitigation, response, and recovery from emergencies and disasters. The office shall prepare, maintain, and keep the program current in order to meet the needs of the state.
(3) The office of emergency management shall take part in the development and revision of local and interjurisdictional emergency management plans prepared under section 24-33.5-707. To this end the office of emergency management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their emergency management agencies, and interjurisdictional planning agencies. Such personnel shall consult with political subdivisions and emergency management agencies and shall make field examinations.
(4) In preparing and revising the state emergency management program, the office of emergency management shall ensure a participatory process that includes the assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, academia, other state government agencies, and community leaders.
(5) The state emergency management program or any part thereof may be incorporated in regulations of the office of emergency management or executive orders that have the force and effect of law.
(6) The office of emergency management may do all things necessary for the implementation of this section, including:
(a) Hiring personnel;
(b) Contracting with federal, state, local, and private entities;
(c) Accepting and expending federal funds.
(7) Whenever the office of emergency management or the division of emergency management in the department of local affairs is referred to or designated by any contract or other document, such reference or designation shall be deemed to apply to the office of emergency management in the division of homeland security and emergency management in the department of public safety.
(8) (a) Effective July 1, 2012, the office of emergency management in the division of homeland security and emergency management in the department of public safety shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the division of emergency management in the department of local affairs.
(b) (I) On July 1, 2012, all positions of employment in the division of emergency management in the department of local affairs shall be transferred to the office of emergency management in the division of homeland security and emergency management in the department of public safety and shall become employment positions therein.
(II) On July 1, 2012, all employees of the division of emergency management in the department of local affairs shall be considered employees of the office of emergency management in the division of homeland security and emergency management in the department of public safety. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous.
(III) On July 1, 2012, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the division of emergency management in the department of local affairs are transferred to the office of emergency management in the division of homeland security and emergency management in the department of public safety and shall become the property thereof.
(c) Unless otherwise specified, whenever any provision of law refers to the division of emergency management, that law shall be construed as referring to the office of emergency management in the division of homeland security and emergency management in the department of public safety.
(d) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the division of emergency management in the department of local affairs, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties, is abated by reason of the transfer of duties and functions in this section.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1077, § 10, effective July 1. L. 2018: (1) to (5) amended, (HB 18-1394), ch. 234, p. 1463, § 6, effective August 8.
Editor's note: This section is similar to former § 24-32-2105 as it existed prior to 2012.
24-33.5-705.2. Resiliency and community recovery program. Subject to available grant funding, the Colorado resiliency office created in section 24-32-121 shall create a resiliency and community recovery program as provided in section 24-32-122 to provide long-term, lasting solutions and efforts for resiliency.
Source: L. 2018: Entire section added, (HB 18-1394), ch. 234, p. 1464, § 7, effective August 8.
24-33.5-705.3. Statewide all-hazards resource database - creation - definitions. (1) For purposes of this section:
(a) Private sector agencies and organizations means any private sector or nonprofit agency or organization that has resources useful in a disaster or emergency that it desires to list in the private sector portion of the database.
(b) Tribal, state, and local all-hazards response agency means any all-hazards response agency of a tribe, the state and any of its subdivisions, and any town, city, and city and county, regardless of whether the personnel serving such department, district, or agency are volunteers or are compensated for their services.
(2) (a) Not later than June 30, 2013, the office of emergency management, using existing computer resources, shall develop and maintain a centralized computer database that includes a listing of all all-hazards response resources located within Colorado.
(a.5) Not later than June 30, 2019, the office of emergency management, using existing computer resources, shall update the centralized response computer database created pursuant to subsection (2)(a) of this section to include a listing of all-hazards recovery resources located in Colorado. The office shall continue to maintain and update the database regularly.
(b) The database created pursuant to this subsection (2) must contain resource inventories, personnel counts, resource status, such other information relevant to the efficient tracking and allocation of all-hazards response and recovery resources, and a listing of all supplemental funding sources available to tribal, state, and local all-hazards response and recovery agencies. The information in this database shall be included with the information required to be collected and maintained pursuant to section 25-1.5-101 (1)(p). The data gathered for or stored in this database must not contain personally identifying information without prior notice to the involved individual. The database shall be used in conjunction with the existing interagency dispatch system.
(3) (a) The office of emergency management shall encourage tribal, state, and local response agencies to enter the information described in subsection (2) of this section into the database via the internet and provide a means for such data entry. All data entered into the database must be verifiable by the office of emergency management. The office of emergency management shall encourage participating tribal, state, regional, and local response agencies to update the data as necessary.
(b) The database must be accessible via the internet to all tribal, state, regional, and local response agencies for the purpose of efficiently tracking and allocating response and recovery resources in the event of a disaster or local incident that requires more resources than those available under any existing interjurisdictional or mutual aid arrangement.
(4) The office of emergency management shall establish guidelines for the development and maintenance of the database created pursuant to subsection (2) of this section so that tribal, state, regional, and local response and recovery agencies can easily access the database. The office shall develop the guidelines with input from tribal, state, regional, and local response and recovery agencies and private sector agencies and organizations.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1079, § 10, effective July 1. L. 2018: (2)(a.5) added and (2)(b), (3), and (4) amended, (HB 18-1394), ch. 234, p. 1464, § 8, effective August 8.
Editor's note: This section is similar to former § 24-33.5-108 as it existed prior to 2012.
24-33.5-705.4. All-hazards resource mobilization system - creation - plan - duties - reimbursement for expenses incurred by mobilized entities - eligibility - resource mobilization fund - creation - definitions - legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that the statewide all-hazards resource mobilization system, which provides for efficient mobilizing, tracking, allocating, and demobilizing of emergency and disaster resources and ensures that a requesting unit of government receives proper equipment and qualified personnel, is necessary to provide resources to any emergency incident beyond local capabilities and thus necessary to protect life, property, the environment, and cultural and economic resources. The general assembly further finds and declares that the need to ensure that the state is adequately prepared and able to address large-scale emergencies and disasters requires a mechanism to reimburse state agencies, tribal governments, and local jurisdictions that respond to requests for help from other jurisdictions in times of need. It is therefore necessary to:
(I) Formulate the policy and organizational structure for large-scale mobilization of emergency resources in the state through creation of a statewide all-hazards resource mobilization system;
(II) Establish the means by which state agencies and tribal and local jurisdictions may be reimbursed for expenses they incur when mobilized by the executive director pursuant to the mobilization plan; and
(III) Provide a procedure to reimburse a host jurisdiction when it has exhausted or will exhaust all of its own resources and the resources of its local mutual aid network available under a mutual aid or interjurisdictional agreement.
(b) In accordance with section 24-33.5-713, it is the intent of the legislature to encourage political subdivisions to enter into mutual aid and other interjurisdictional agreements. Such agreements produce enhanced emergency response and recovery and are thus essential to protecting the public peace, safety, health, and welfare, including the lives and property, of the people of the state of Colorado.
(2) As used in this section, unless the context otherwise requires:
(a) Director means the director of the office of emergency management created in section 24-33.5-705.
(b) Emergency manager means the director or coordinator of the local or interjurisdictional emergency management agency, as described in section 24-33.5-707 (4), or other person responsible for local or interjurisdictional disaster preparedness, prevention, mitigation, response, and recovery.
(c) Executive director means the executive director of the department or the executive director's designee.
(d) Host jurisdiction means the jurisdiction having authority over the disaster or emergency.
(e) Incident command system has the meaning set forth in section 29-22.5-102 (3), C.R.S.
(f) Jurisdiction means state and tribal authorities and county, city, city and county, town, special district, or other political subdivisions of the state.
(g) Mobilization means the process of providing, upon request and subject to availability, resources beyond those available through existing interjurisdictional or mutual aid agreements in response to a request from a jurisdiction in which an emergency or disaster situation or local emergency incident that has exceeded or will exceed the capabilities of available local resources. The term includes the nonhost jurisdiction's authorization and approval for redistribution of resources either to direct emergency incident assignments or to assignment in communities where resources are needed to provide coverage when those communities' resources have been mobilized to assist other jurisdictions.
(h) Mobilization plan means the statewide all-hazards resource mobilization plan developed and utilized pursuant to this section.
(i) Mobilization system means the statewide all-hazards resource mobilization system created under this section, which system includes the mobilization plan and the technology and personnel necessary to mobilize resources according to the plan.
(j) Mutual aid means emergency interagency assistance rendered pursuant to an agreement between the jurisdictions rendering and receiving assistance.
(k) Nonhost jurisdiction means a jurisdiction providing disaster or emergency resources to a host jurisdiction.
(l) Unified command has the meaning set forth in section 29-22.5-102 (8), C.R.S.
(3) Powers and duties. (a) The director, in consultation with the director of the division of fire prevention and control in the department of public safety created in section 24-33.5-1201 (1)(a), shall develop and maintain a statewide all-hazards resource mobilization plan that sets forth procedures for mobilization, allocation, deployment, coordination, tracking, cost accounting, and demobilization of resources during disasters and other large-scale emergencies and local incidents that require more resources than those available under any existing interjurisdictional or mutual aid agreement. In developing the mobilization plan, the director shall consult with and solicit recommendations from the homeland security and all-hazards senior advisory committee created in section 24-33.5-1614 and other appropriate representatives of state, tribal, and local governmental and private sector emergency management organizations. The director shall ensure that the mobilization plan is consistent with, and incorporated into, the Colorado state comprehensive emergency management program described in section 24-33.5-705 (2) and the Colorado coordinated regional and statewide mutual aid system created in section 24-33.5-1235 (3).
(a.3) The director shall ensure that resources in the Colorado coordinated regional and statewide mutual aid system created in section 24-33.5-1235 (3)(a) are included in the all-hazards resource mobilization system described in this section.
(a.5) The director shall coordinate with the state coordination center created in section 24-33.5-1235 (3)(b) to ensure sufficient and effective implementation and integration of the resource mobilization plan required by subsection (3)(a) of this section and state and local emergence operations plans, as appropriate.
(b) (I) The executive director is responsible for implementing the mobilization plan, coordinating the mobilization of resources, and making a determination as to post-mobilization reimbursement to state and nonhost jurisdictions, in accordance with this section, other applicable laws, and the mobilization plan, when the executive director determines it is necessary to do so to protect life, property, the environment, and cultural and economic resources.
(II) The executive director shall serve as state resource mobilization liaison when the mobilization plan is implemented.
(4) Mobilization. (a) (I) The executive director may order the implementation of the state resource mobilization plan pursuant to this section only if he or she receives a request to do so from the governor, sheriff, emergency manager, or other authorized person identified in the state resource mobilization plan.
(II) The executive director shall grant a mobilization request made pursuant to subparagraph (I) of this paragraph (a) if the executive director determines that the request is in response to a large-scale emergency, disaster, or other local incident that exceeds or will exceed the capabilities of available local resources and those resources available through existing mutual aid agreements.
(III) Upon receiving a request for mobilization and finding that the request complies with the approval requirements established in the mobilization plan and that either the local jurisdiction has exhausted or will exhaust all available resources, or that the complexity or severity of the incident requires resources not otherwise available to the local jurisdiction, the executive director shall determine whether to implement mobilization in accordance with the mobilization plan. If so, the executive director shall mobilize state and nonhost jurisdictions in accordance with the mobilization plan.
(IV) The executive director may consider resources that have already been deployed to address an incident to be mobilized for the purpose of reimbursement or cost sharing under the mobilization plan.
(b) Upon and for the duration of mobilization:
(I) The executive director or the executive director's designee shall serve as a resource mobilization agency administrator to the local unified coordination group, incident commander, or the host jurisdiction's emergency management agency to support the mobilization effort consistent with the local jurisdictional incident command system and mobilization plan and procedures;
(II) The resources, including those of the host jurisdiction and those of nonhost jurisdictions that responded earlier under an existing interjurisdictional or mutual aid or other agreement, may remain mobilized, based on capability to do so and pursuant to agreement between the executive director, the incident commander, emergency manager, and the host jurisdiction or nonhost jurisdiction that provided the resources;
(III) The reassignment or reallocation of resources due to multiple concurrent incidents or other situations of resource scarcity shall be prioritized pursuant to the policies and procedures specified in the mobilization plan;
(IV) Any limits on or exemption from liability to which the jurisdictions providing resources in response to a mobilization effected under this section are entitled under law apply as though the jurisdictions were operating under their normal statutory authorities within their jurisdictional boundaries.
(c) The executive director, in consultation with the local incident commander or emergency manager, as appropriate, shall determine when mobilization is no longer required and, at that time, shall declare the end to the mobilization.
(5) Reimbursement. (a) The director, in consultation with the office of state planning and budgeting created in section 24-37-102, shall develop procedures to facilitate reimbursement to state agencies and jurisdictions from appropriate federal and state funds when state agencies and jurisdictions are mobilized by the executive director pursuant to the mobilization plan. The director shall ensure that these procedures provide reimbursement in as timely a manner as possible.
(b) (I) In order to be eligible for support under the mobilization plan, a jurisdiction must be mobilized pursuant to subparagraph (III) of paragraph (a) of subsection (4) of this section and must be participating in an interjurisdictional or mutual aid agreement entered into pursuant to this part 7.
(II) All mobilized nonhost jurisdictions are eligible for expense reimbursement from the time of the mobilization declaration through demobilization.
(6) Resource mobilization fund. (a) There is hereby created in the state treasury the resource mobilization fund, which fund shall be administered by the executive director, in accordance with paragraph (b) of this subsection (6), to provide reimbursement to state agencies and jurisdictions mobilized by the executive director pursuant to this section. The executive director is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly, moneys that may be transferred pursuant to section 24-33.5-706 (4.5), and all private and public funds received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes indicated in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.
(b) The executive director shall use the moneys in the resource mobilization fund to provide reimbursement to state agencies and jurisdictions for incidents in accordance with the terms of the mobilization plan.
(c) Repealed.
(7) (a) Nothing in this section limits the powers of the governor during a disaster under 24-33.5-704.
(b) Except as expressly provided in this section, nothing in this section limits the eligibility of any nonhost jurisdiction for reimbursement of expenses incurred in providing resources for mobilization.
(c) Nothing in this section precludes a state or local governmental entity from seeking public assistance funding pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. sec. 5121 et seq.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1080, § 10, effective July 1. L. 2013: Entire section amended, (HB 13-1031), ch. 369, p. 2153, § 1, effective June 5. L. 2014: (6)(c) repealed, (HB 14-1363), ch. 302, p. 1267, § 22, effective May 31. L. 2018: IP(1)(a), (1)(b), (2)(b), (2)(g), (2)(k), (3)(a), (4)(b)(I), (4)(b)(II), and (4)(c) amended, (HB 18-1394), ch. 234, p. 1465, § 9, effective August 8. L. 2020: (2)(b) amended, (HB 20-1402), ch. 216, p. 1051, § 44, effective June 30. L. 2021: (3)(a) amended and (3)(a.3) and (3)(a.5) added, (SB 21-166), ch. 287, p. 1701, § 5, effective June 22.
Editor's note: This section is similar to former § 24-33.5-1210 as it existed prior to 2012.
24-33.5-705.5. Auxiliary emergency communications unit - powers and duties of unit and office of emergency management regarding auxiliary communications - definitions. (1) As used in this section:
(a) Auxiliary emergency communicator means an amateur radio operator licensed by the United States federal communications commission pursuant to 47 CFR 97 who meets the training requirements and is credentialed by the office. An auxiliary emergency communicator meeting the requirements of this paragraph (a) serves as an authorized volunteer of the office for purposes of article 10 of this title.
(b) Division means the division of homeland security and emergency management created in section 24-33.5-1603.
(c) Office means the office of emergency management created in section 24-33.5-705 (1).
(d) Unit means the auxiliary emergency communications unit of the office.
(2) The auxiliary emergency communications unit is hereby established within the office. The unit is in the charge of the director of the office.
(3) The unit has the following powers and duties:
(a) Establish programs for the training and credentialing of auxiliary emergency communicators across the state, which training and credentialing is declared to be a matter of statewide concern. In connection with such training and credentialing, the use of the term auxiliary emergency communications within the state is limited to individuals, entities, associations, and units of local government that have been certified by the director of the office as meeting the training and credentialing requirements established by the department for auxiliary emergency communicators.
(b) Assume all of the duties and possess all of the authority and responsibilities of the radio amateur civil emergency service, referred to in this section as RACES, 47 CFR 97.407, within the state. Any reference to RACES in any federal law or regulation, and any federal, state, or local government emergency or disaster plans is to be interpreted as referring to the unit, and the unit is the successor entity to any state RACES organization referenced in any such law, regulation, or plan. No other individual, entity, association, or government agency may represent that it is a state RACES organization.
(c) Ensure that auxiliary emergency communicators are authorized volunteers entitled to the protections and benefits of part 8 of this article 33.5 when assisting with the installation, maintenance, or demolition of communication facilities of any county sheriff, local government, local emergency planning committee, local emergency management agency, or state agency, whether or not such activities occur during a disaster; except that sections 24-33.5-825 and 24-33.5-826 do not apply to a training exercise, drill, or class without the express prior consent and approval of the volunteer's employer.
(4) In connection with the powers and duties of the unit as specified in this section, the director of the office may:
(a) Develop and issue a credential that is recognized throughout the state for the purpose of granting access to government facilities, emergency operations centers, incident command posts, and disaster scenes;
(b) Conduct criminal background investigations on candidates for credentialing as auxiliary emergency communicators in accordance with the security needs of the department. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The unit may deny credentialing to any candidate based upon the results of a background check.
(c) Reimburse auxiliary emergency communicators for necessary travel and other reasonable expenses incurred in the performance of their duties, including projects, training, drills, exercises, and disaster response activities;
(d) Expend state moneys, including but not limited to grant moneys or moneys otherwise budgeted to the office, to enhance the communication infrastructure as necessary to supplement or reinforce the existing amateur radio systems and networks within the state for the purposes of maximizing disaster preparedness and response.
Source: L. 2016: Entire section added, (HB 16-1040), ch. 233, p. 940, § 2, effective August 10. L. 2018: (1)(c), (3)(c), and (4)(a) amended, (HB 18-1394), ch. 234, p. 1464, § 7, effective August 8. L. 2019: (4)(b) amended, (HB 19-1166), ch. 125, p. 550, § 32, effective April 18. L. 2022: (4)(b) amended, (HB 22-1270), ch. 114, p. 523, § 34, effective April 21.
Cross references: For the legislative declaration in HB 16-1040, see section 1 of chapter 233, Session Laws of Colorado 2016.
24-33.5-706. Disaster emergency fund - established - financing - legislative intent. (1) It is the intent of the general assembly and declared to be the policy of the state that funds to meet disaster emergencies shall always be available.
(2) (a) A disaster emergency fund is hereby established. The fund consists of any money appropriated by the general assembly, money transferred pursuant to subsections (2.5) and (4)(b) of this section, and money to reimburse expenditures from the fund that are transmitted to the state treasurer and credited to the fund. Money in the disaster emergency fund shall remain in the fund until expended or until transferred pursuant to subsection (2.5)(c), (4.3), (4.5), or (4.7) of this section or section 24-33.5-1228 (3)(c)(III).
(b) Repealed.
(2.5) and (3) Repealed.
(4) (a) It is the legislative intent that first recourse be to money regularly appropriated to state and local agencies. If the governor finds that the demands placed upon this money in coping with a particular disaster are unreasonably great, the governor may make money available from the disaster emergency fund.
(b) If money available from the disaster emergency fund is insufficient, the governor may transfer to the fund and expend money appropriated for other purposes.
(4.3) If the disaster emergency fund is credited with reimbursements of moneys previously expended to cope with a particular disaster, to the extent that all or a portion of those moneys were transferred and expended by the governor pursuant to paragraph (b) of subsection (4) of this section, the governor may transfer moneys to the funds as repayment for the amounts the governor originally transferred from said funds to the disaster emergency fund.
(4.5) (a) The governor may, from time to time as the governor deems necessary based on his or her determination that a disaster emergency is imminent, direct the state treasurer to transfer, and the state treasurer shall transfer, moneys from the disaster emergency fund to the resource mobilization fund created in section 24-33.5-705.4 (6).
(b) The governor may, from time to time as the governor deems necessary based on his or her determination that a wildfire-related disaster emergency is imminent, direct the state treasurer to transfer, and the state treasurer shall transfer, moneys from the disaster emergency fund to the wildfire emergency response fund created in section 24-33.5-1226 (1).
(4.7) Three days after May 17, 2022, the state treasurer shall transfer two million seven hundred thousand dollars from the disaster emergency fund to the capital construction fund created in section 24-75-302 for use by the division of fire prevention and control created in section 24-33.5-1201 for capital construction related to aviation resources for wildfire suppression.
(5) The director of the division of homeland security and emergency management is authorized to establish, pursuant to article 4 of this title 24, the rules that govern the reimbursement of funds to state agencies and political subdivisions and to promulgate such rules.
(6) Nothing in this section limits the governor's authority to apply for, administer, and expend grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery.
(7) (a) No later than September 20, 2020, the office of state planning and budgeting shall submit a report to the joint budget committee of the expenditures from the fund during the last twelve months. Notwithstanding section 24-1-136 (11)(a), no later than the twentieth day of every third month thereafter, the office shall submit a report to the joint budget committee of the expenditures from the fund since the last report. The office shall separately identify expenditures by disaster, if there is more than one to be included in the report, and, for each disaster, the office shall identify:
(I) Amounts and sources of any money transferred to the fund related to the disaster;
(II) Total encumbrances for disasters at the time of the disaster emergency declaration;
(III) State agencies that received funds and amounts received;
(IV) Total expenditures by state agency; and
(V) A breakdown of expenditures.
(b) The office of state planning and budgeting shall post the reports required by subsection (7)(a) of this section on the office's website.
(8) The state auditor shall conduct or cause to be conducted a performance audit of the fund that is completed on December 1, 2022. On or before December 1, 2024, and December 1 of every second year thereafter, the state auditor shall conduct a financial audit of the fund for the two most recently completed fiscal years as of the date of the audit report.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1080, § 10, effective July 1. L. 2013: (2)(a) and (4) amended and (4.3) added, (HB 13-1282), ch. 206, p. 853, § 1, effective May 11; (2)(a) amended, (SB 13-270), ch. 250, p. 1312, § 1, effective May 23; (4.5) added, (HB 13-1031), ch. 369, p. 2158, § 2, effective June 5; (4.5) amended, (SB 13-270), ch. 250, p. 1312, § 2, effective June 5; (2)(b) repealed, (HB 13-1300), ch. 316, p. 1684, § 60, effective August 7. L. 2017: (2)(a) amended and (2.5) added, (SB 17-261), ch. 180, p. 661, § 1, effective April 28. L. 2018: (3) repealed and (4) and (5) amended, (HB 18-1394), ch. 234, p. 1467, § 11, effective August 8. L. 2020: (7) and (8) added, (HB 20-1426), ch. 306, p. 1557, § 2, effective July 14. L. 2022: (2)(a) amended and (4.7) added, (SB 22-206), ch. 173, p. 1158, § 9, effective May 17.
Editor's note: (1) This section is similar to former § 24-32-2106 as it existed prior to 2012.
(2) Amendments to subsection (2)(a) by Senate Bill 13-270 and House Bill 13-1282 were harmonized.
(3) Section 10(2)(b) of chapter 250, Session Laws of Colorado 2013, provides that amendments to subsection (4.5) take effect upon passage or the effective date of House Bill 13-1031, whichever is later, only if House Bill 13-1031 becomes law. Senate Bill 13-270 (chapter 250) was signed by the governor on May 23, 2013, and House Bill 13-1031 was signed by the governor on June 5, 2013.
(4) Subsection (2.5)(c) provided for the repeal of subsection (2.5), effective June 30, 2021. (See L. 2017, p. 661.)
Cross references: For the legislative declaration in SB 22-206, see section 1 of chapter 173, Session Laws of Colorado 2022.
24-33.5-706.5. Hazard mitigation fund - established - financing - legislative intent. (1) The hazard mitigation fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the hazard mitigation fund to the fund.
(3) Money in the hazard mitigation fund is continuously appropriated to the department to assist local jurisdictions in obtaining the matching funds required for certain federal hazard mitigation grants.
(4) On June 15, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer three million dollars from the wildfire preparedness fund established in section 24-33.5-1227 to the hazard mitigation fund.
Source: L. 2021: Entire section added, (SB 21-258), ch. 238, p. 1250, § 4, effective June 15.
Cross references: For the legislative declaration in SB 21-258, see section 1 of chapter 238, Session Laws of Colorado 2021.
24-33.5-707. Local and interjurisdictional emergency management agencies and services - definition. (1) Each political subdivision is within the jurisdiction of and served by the office of emergency management and by a local or interjurisdictional emergency management agency responsible for the coordination of disaster preparedness, prevention, mitigation, response, and recovery.
(2) Each county shall maintain an emergency management agency or participate in a local or interjurisdictional emergency management agency that, except as otherwise provided under this part 7, has jurisdiction over and serves the entire county.
(3) The governor shall determine which municipal corporations need emergency management agencies of their own and require that they be established and maintained. The governor shall make such determination on the basis of the municipality's disaster vulnerability and capability of response and recovery related to population size and concentration. The emergency management agency of a county shall cooperate with the emergency management agencies of municipalities situated within its borders but shall not have jurisdiction within a municipality having its own emergency management agency. The office of emergency management shall publish and keep current a list of municipalities required to have emergency management agencies under this subsection (3).
(4) The minimum composition of an emergency management agency is a director or coordinator appointed and governed by the chief executive officer or governing body of the appointing jurisdiction. The director or coordinator is responsible for the planning, coordination, and execution of the local pre- and post-disaster services.
(5) Any provision of this part 7 or other law to the contrary notwithstanding, the governor may require a political subdivision to establish and maintain an emergency management agency jointly with one or more contiguous political subdivisions if the governor finds that the establishment and maintenance of an agency or participation therein is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, mitigation, response, or recovery services under other provisions of this part 7.
(6) (Deleted by amendment, L. 2018.)
(7) The mayor, chairman of the board of county commissioners, or other principal executive officer of each political subdivision in the state shall notify the office of emergency management of the manner in which the political subdivision is providing or securing disaster preparedness, prevention, mitigation, response, and recovery services, identify the person who heads the agency or agencies from which the services are obtained, and furnish additional information relating thereto as the office of emergency management requires.
(8) Each local and interjurisdictional emergency management agency shall prepare and keep current a locally defined or interjurisdictional emergency management plan for its area, including provisions for the preparation, prevention, mitigation, response, and recovery from emergencies and disasters. Existing locally adopted recovery plans, plans approved by the office of emergency management or the federal emergency management agency, and other relevant emergency plans may be incorporated by reference, but only if those plans are specifically identified and publicly available.
(8.5) (a) (I) A locally defined or interjurisdictional emergency management plan amended or created pursuant to subsection (8) of this section on or after July 1, 2024, but before January 1, 2025, is strongly encouraged to, and on or after January 1, 2025, must when practicable, address the needs of an individual with an animal during an emergency by:
(A) Including provisions for the evacuation, shelter, and transport of an individual with an animal and that animal; and
(B) Requiring, to the extent practicable, that at least one shelter established during an emergency is designated to accommodate an individual with an animal and that animal.
(II) In order to determine whether it is practicable for a locally defined or interjurisdictional emergency management plan to address the elements described in subsection (8.5)(a)(I) of this section, among other factors, the following must be considered about the area subject to a locally defined or interjurisdictional emergency management plan:
(A) The quality and quantity of shelter facilities;
(B) The availability of staff and volunteer personnel to implement the locally defined or interjurisdictional emergency management plan elements described in subsection (8.5)(a)(I) of this section; and
(C) Whether there is emergency transportation available to accommodate an individual with an animal.
(III) Nothing in this subsection (8.5)(a) may be construed as lowering the protections for people with disabilities, including the right to remain with a service animal in any emergency shelter, provided by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, and parts 6 and 8 of article 34 of this title 24.
(IV) The administrator or manager of any shelter designated pursuant to subsection (8.5)(a)(I)(B) of this section has the authority to deny access to the facility to any animal that the administrator or manager deems unsafe, unsanitary, or contrary to the good working order of the facility, so long as such a determination is made on an individual animal basis and not on the basis of an animal's breed.
(b) On or after January 1, 2025, a city, county, or city and county is strongly encouraged to make available to the public information for animal emergency preparedness, including:
(I) Information for creating an evacuation plan and emergency checklist for individuals with animals consistent with recommendations publicly published by the United States department of agriculture and the federal emergency management agency;
(II) Local organizations that may provide emergency animal assistance; and
(III) Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate an individual with an animal.
(c) On or after January 1, 2025, a city, county, or city and county is strongly encouraged to conduct disability etiquette and service animal training provided by, or with guidance from, the relevant independent living center or other relevant training provider to ensure that emergency response personnel are well prepared to interact with individuals with disabilities and their service animals during emergency situations.
(d) As used in this subsection (8.5), unless the context otherwise requires, animal means both:
(I) A domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes; and
(II) A service animal, as defined in section 12-240-144 (4)(c).
(9) The local or interjurisdictional emergency management agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command.
(10) The sheriff of each county shall:
(a) Be the official responsible for coordination of all search and rescue operations within the sheriff's jurisdiction;
(b) Make use of the search and rescue capability and resources available within the county and request assistance from the office of emergency management only when and if the sheriff determines such additional assistance is required; and
(c) Establish a policy or procedure for adhering to the airspace deconfliction guidelines established pursuant to section 24-33.5-120 when there could be multiple aircraft involved in a search and rescue operation within the sheriff's jurisdiction.
(11) When authorized by the governor and executive director and approved by the director of the office of emergency management, expenses incurred in meeting contingencies and emergencies arising from search and rescue operations may be reimbursed from the disaster emergency fund.
(12) Any person providing information to a local or interjurisdictional emergency management agency may request, in writing, that such information be disseminated only to persons connected with or involved in the preparation, update, or implementation of any emergency management plan, and said information shall thereafter not be released to any person without the expressed written consent of the person providing the information.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1081, § 10, effective July 1. L. 2018: Entire section amended, (HB 18-1394), ch. 234, p. 1467, § 12, effective August 8. L. 2024: (8.5) added, (HB 24-1033), ch. 60, p. 204, § 1, effective April 11; (10)(b) amended and (10)(c) added, (HB 24-1309), ch. 156, p. 698, § 4, effective May 3.
Editor's note: This section is similar to former § 24-32-2107 as it existed prior to 2012.
Cross references: For the legislative declaration in HB 24-1309, see section 1 of chapter 156, Session Laws of Colorado 2024.
24-33.5-708. Establishment of interjurisdictional emergency management service area. (1) If the governor finds that two or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and services, the governor may delineate by executive order an interjurisdictional area adequate to plan for, prevent, or respond to and recover from disasters in that area and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency management plan, mutual aid, or an area organization for emergency planning and services.
(2) A finding of the governor pursuant to subsection (1) of this section shall be based on one or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system on a separate basis, such as:
(a) Small or sparse population;
(b) Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome;
(c) Unusual vulnerability to disaster as evidenced by a past history of disasters, topographical features, drainage characteristics, disaster potential, and presence of disaster-prone facilities or operations;
(d) The interrelated character of the counties in a multicounty area; and
(e) Other relevant conditions or circumstances.
(2.5) Nothing in this section limits a county's authority to enter into an interjurisdictional arrangement with one or more adjoining counties without action by the governor.
(3) If the governor finds that a vulnerable area lies only partly within this state and includes territory in another state or territory in a foreign jurisdiction and that it would be desirable to establish an interstate or international relationship or mutual aid or an area organization for disaster, the governor shall take steps to that end as desirable. If this action is taken with jurisdictions that have enacted the interstate civil defense and disaster compact, any resulting agreements may be considered supplemental agreements pursuant to article VI of such compact.
(4) Repealed.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1082, § 10, effective July 1. L. 2018: (1) and (2)(b) amended, (2.5) added, and (4) repealed, (HB 18-1394), ch. 234, p. 1469, § 13, effective August 8.
Editor's note: This section is similar to former § 24-32-2108 as it existed prior to 2012.
24-33.5-709. Local disaster emergencies. (1) A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management.
(2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans.
(3) No interjurisdictional emergency management agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. An interjurisdictional emergency management agency shall provide aid and services in accordance with the agreement pursuant to which it functions.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1083, § 10, effective July 1. L. 2018: (3) amended, (HB 18-1394), ch. 234, p. 1470, § 14, effective August 8.
Editor's note: This section is similar to former § 24-32-2109 as it existed prior to 2012.
24-33.5-710. Disaster prevention, mitigation, and recovery. (1) In addition to disaster prevention and mitigation measures as included in the state, local, and interjurisdictional emergency management plans, the governor shall consider steps that could be taken on a continuing basis to prevent or reduce the harmful consequences of and effectively recover from disasters. At the governor's direction, and pursuant to any other authority and competence they have, state agencies, including those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, hazard mitigation, air quality, public works, land use and land-use planning, and construction standards, shall make studies of matters related to disaster prevention. The governor and the executive director, from time to time, shall make recommendations to the general assembly, local governments, and such other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.
(2) All state departments shall conduct studies and adopt measures to reduce the impact of, and actions contributory to, a disaster. The studies shall concentrate on means of reducing or avoiding the dangers caused by such occurrences or the consequences thereof. State departments shall provide information about the accomplishments and successes of these projects when requested by the office of emergency management or the Colorado resiliency office for reporting purposes.
(3) If the director of the office of emergency management believes, on the basis of the studies or other competent evidence, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land-use regulations, or building requirements are essential in order to further the purposes of this section, the director shall specify the essential changes to the executive director and to the governor. If the governor, upon review of the recommendations, finds after public hearing that the changes are essential, the governor shall so recommend to the agencies or local governments with jurisdictions over the area and subject matter. If no action or insufficient action pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall so inform the general assembly and request legislative action appropriate to mitigate the impact of disaster.
(4) The governor, at the same time that the governor makes recommendations pursuant to subsection (3) of this section, may suspend the standard or control which the governor finds to be inadequate to protect the public safety and by regulation place a new standard or control in effect. The new standard or control shall remain in effect until rejected by joint resolution of both houses of the general assembly or amended by the governor. During the time it is in effect, the standard or control contained in the governor's regulation shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies. The governor's action is subject to judicial review but shall not be subject to temporary stay pending litigation.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1083, § 10, effective July 1. L. 2018: (1), (2), and (3) amended, (HB 18-1394), ch. 234, p. 1470, § 15, effective August 8.
Editor's note: This section is similar to former § 24-32-2110 as it existed prior to 2012.
24-33.5-711. Compensation - liability when combating grasshopper infestation. (1) Each person within this state shall conduct himself or herself and keep and manage such person's affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters or emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. This part 7 neither increases nor decreases these obligations but recognizes their existence under the constitution and statutes of this state and the common law. Compensation for services or for the taking or use of property shall be only to the extent that the obligations recognized in this subsection (1) are exceeded in a particular case and then only to the extent that the claimant has not volunteered such claimant's services or property without compensation.
(2) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute or local law or ordinance.
(3) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the governor or a member of the disaster emergency forces of this state.
(4) The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to eminent domain procedures, as provided in articles 1 to 7 of title 38, C.R.S.
(5) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or applies to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
(6) The state and its agencies and political subdivisions and the officers and employees of the state and its agencies and political subdivisions shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform an act relating to the combating of grasshopper infestation of this state except for negligence or willful disregard of the rights of others, and then only to the extent of one hundred thousand dollars for any injury to or damage suffered by one person and the sum of three hundred thousand dollars for an injury to or damage suffered by two or more persons in any single occurrence; except that, in such latter instance, no person may recover in excess of one hundred thousand dollars. This subsection (6) is the total extent of liability of the state and its agencies and political subdivisions and the officers and employees of the state and its agencies and political subdivisions with regard to the combating of grasshopper infestation of the state and abrogates any common-law cause of action thereto. Except to the extent of insurance coverage, no person acting as a contractor with the state or any of its political subdivisions, or any officer or employee of such contractor, shall be liable on any claim alleging strict liability on contract or tort for actions taken relating to combating grasshopper infestation of the state under this part 7 or under House Bill No. 1001, enacted at the second extraordinary session of the fifty-first general assembly in 1978.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1084, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2111 as it existed prior to 2012.
24-33.5-711.5. Liability - limits on damages and compensation - immunity for good faith compliance with rules and orders. (1) The state is not liable for a claim based upon the advice provided by an officer or employee of a state department to the governor or the alleged negligent exercise or performance of, or failure to exercise or perform, an act relating to an emergency epidemic. Liability against an officer or employee of a state department may be found only for wanton or willful misconduct or willful disregard of the best interests of protecting and maintaining the public health. Damages awarded on the basis of such liability shall not exceed one hundred thousand dollars for any injury to or damage suffered by one person or three hundred thousand dollars for an injury to or damage suffered by three or more persons in the course of an emergency epidemic.
(2) The conduct and management of the affairs and property of each hospital, physician, health insurer or managed health-care organization, health-care provider, public health worker, or emergency medical service provider shall be such that they will reasonably assist and not unreasonably detract from the ability of the state and the public to successfully control emergency epidemics that are declared a disaster emergency. Such persons and entities that in good faith comply completely with board of health rules regarding the emergency epidemic and with executive orders regarding the disaster emergency shall be immune from civil or criminal liability for any action taken to comply with the executive order or rule.
(3) No personal services may be compensated by the state or any subdivision or agency of the state, except pursuant to statute or local law or ordinance.
(4) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with an emergency epidemic that is declared by the governor or a member of the disaster emergency forces of this state.
(5) The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to eminent domain procedures, as provided in articles 1 to 7 of title 38, C.R.S.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1085, § 10, effective July 1. L. 2018: (1) amended, (HB 18-1394), ch. 234, p. 1471, § 16, effective August 8. L. 2025: (1) amended, (HB 25-1027), ch. 65, p. 273, § 8, effective April 10.
Editor's note: This section is similar to former § 24-32-2111.5 as it existed prior to 2012.
24-33.5-712. Telecommunications - intent. The state telecommunications director, working in coordination with the division of homeland security and emergency management, shall ascertain what means exist for rapid and efficient telecommunications in times of disaster emergencies. Operational characteristics of the available systems of telecommunications shall be evaluated by the office, and recommendations for modifications shall be made to the state telecommunications director. It is the intent of this section that adequate means of telecommunications be available for use during disaster emergencies.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1086, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2112 as it existed prior to 2012.
24-33.5-713. Mutual aid. (1) Political subdivisions not participating in interjurisdictional arrangements pursuant to this part 7 nevertheless shall be encouraged and assisted by the office of emergency management to conclude suitable arrangements for furnishing mutual aid in coping with disasters. The arrangements shall include provision of aid by persons and units in public employ.
(2) In passing upon local disaster plans, the governor shall consider whether such plans contain adequate provisions for the rendering and receipt of mutual aid.
(3) It is a sufficient reason for the governor to require an interjurisdictional agreement or arrangement pursuant to section 24-33.5-708 that the area involved and political subdivisions therein have available equipment, supplies, and forces necessary to provide mutual aid on a regional basis and that the political subdivisions have not already made adequate provision for mutual aid; except that, in requiring the making of an interjurisdictional arrangement to accomplish the purpose of this section, the governor need not require establishment and maintenance of an interjurisdictional agency or arrangement for any other disaster purposes.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1086, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2113 as it existed prior to 2012.
24-33.5-714. Weather modification. The office of emergency management shall keep continuously apprised of weather conditions that present danger of precipitation or other climatic activity severe enough to constitute a disaster. If the office of emergency management determines that precipitation that may result from weather modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a disaster, it shall recommend to the executive director of the department of natural resources, empowered to issue permits for weather modification operations under article 20 of title 36, C.R.S., to warn those organizations or agencies engaged in weather modification to suspend their operations until the danger has passed or recommend that said executive director modify the terms of any permit as may be necessary.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1087, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2114 as it existed prior to 2012.
24-33.5-715. Merit system. In accordance with section 13 (4) of article XII of the state constitution, the state personnel board may provide personnel services pursuant to contract to civil defense employees of the political subdivisions of the state, except where such employees are covered by another federally approved merit system.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1087, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2115 as it existed prior to 2012.
24-33.5-716. Interoperable communications among public safety radio systems - statewide plan - regional plans - governmental immunity - needs assessment - definitions - repeal. (Repealed)
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1087, § 10, effective July 1. L. 2014: (7) added, (SB 14-127), ch. 386, p. 1925, § 2, effective June 6. L. 2015: (7)(a) amended, (SB 15-002), ch. 67, p. 184, § 1, effective April 3. L. 2022: (8) added by revision, (HB 22-1353), ch 479, p. 3499, §§ 11, 12.
Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2023. (See L. 2022, p. 3499.)
24-33.5-717. Reporting of federal funds. (1) No later than December 1, 2021, and each December 1 thereafter, the state controller shall submit a report to the joint budget committee of all expenditures of federal funds received by the state that are used for costs associated with a disaster during the prior state fiscal year, excluding any federal funds included in the report required by section 24-33.5-706 (7). The state controller shall separately identify expenditures by disaster, if there is more than one in the prior fiscal year, and, for each disaster, the office shall identify:
(a) State agencies that received funds and amounts received;
(b) Total expenditures by state agency;
(c) A breakdown of expenditures for each state agency by fund source and program; and
(d) If applicable, the fund designated by the general assembly as part of the state emergency reserve in accordance with section 24-77-104, in which the federal funds were deposited.
(2) The state controller may combine the report required by this section with the report required by section 24-33.5-706 (7).
(3) The state controller shall post the reports required by this section on the state controller's website.
Source: L. 2020: Entire section added, (HB 20-1426), ch. 306, p. 1557, § 3, effective July 14. L. 2021: Entire section amended, (SB 21-288), ch. 221, p. 1168, § 2, effective June 11.
24-33.5-718. Evacuation and clearance time modeling study - definitions - report - repeal. (Repealed)
Source: L. 2023: Entire section added, (HB 23-1075), ch. 176, p. 869, § 1, effective May 12.
Editor's note: Subsection (5) provided for the repeal of this section, effective December 31, 2024. (See L. 2023, p. 869.)
24-33.5-719. Emergency alerts - definitions. (1) (a) Beginning July 1, 2027, an alerting authority shall disseminate emergency alerts in English and in a predominant minority language if the alerting authority covers a county or city in which at least two thousand or two and one-half percent of residents who are eighteen years of age or older speak the predominant minority language and speak English less than very well, as reported by the United States census bureau's American community survey or comparable available and validated census data.
(b) An emergency alert must be sent in the timeliest manner possible when using emergency messaging systems and emergency notification systems. An alerting authority may disseminate emergency alerts by using preloaded resident data and voluntary registrations. An alerting authority shall comply with 42 U.S.C. sec. 12101 et seq., when disseminating emergency alerts.
(c) Emergency alerts must be in plain language.
(d) Emergency alerts sent in English via an emergency messaging system must also be sent by alerting authorities in predominate minority languages that the system supports.
(2) In addition to compliance with the requirements in subsection (1) of this section, the state, counties, municipalities, and alerting authorities are encouraged to use available technology to issue emergency alerts in as many languages as possible in the same method as an English alert.
(3) (a) The state may provide assistance to counties, municipalities, and alerting authorities in implementing this section.
(b) Each alerting authority that is required to send emergency alerts in a predominant minority language pursuant to subsection (1) of this section is encouraged to conduct community outreach to inform people with limited English proficiency of the availability of language interpretation and translation options for emergency alerts. Existing emergency notification systems installed or subscribed to by an alerting authority must adhere to this section as the alerting application allows and in the timeliest manner. Alerting authorities that are required to send emergency alerts in a predominant minority language pursuant to subsection (1) of this section may meet the requirements by any available method, including technology, employees, or vendors.
(4) The 911 services enterprise created in section 29-11-108 may distribute grants to municipal or county alerting authorities to implement language and accessibility services for emergency alerts. The enterprise board of directors shall determine the total amount of the grants and the manner of distribution of the grants. The 911 services enterprise shall use enterprise funds to support distribution of the grants.
(5) For purposes of this section, unless the context otherwise requires:
(a) Alerting authority means a jurisdiction with the designated authority to alert and warn the public when there is an impending natural or human-made disaster, threat, or dangerous or missing person.
(b) Emergency alert means critical life safety information disseminated by an alerting authority that advises the public to prepare to take action or take action immediately due to an imminent life threat.
(c) Emergency messaging system means emergency messages from authorized federal, state, local, and territorial public alerting authorities that may be sent in multiple delivery formats, via federal alerting gateways to commercial mobile service providers or broadcasters or via state or local alerting platforms to pre-enabled devices in a locally targeted area. The system utilizing federal alerting gateways is a partnership among the federal emergency management agency, the federal communications commission, and wireless providers to enhance public safety.
(d) Emergency notification system means a communications system or network of systems, as defined by the alerting authority, that does not utilize federal alerting gateways and is designed to quickly alert the public to critical life safety information through multiple communications channels including, but not limited to, text messages, phone calls, emails, or desktop alerts.
(e) Predominant minority language means a language spoken by at least two thousand or two and one-half percent of residents who are eighteen years of age or older who also speak English less than very well in a city or county within an alerting authority's jurisdiction, as reported by the American community survey data or comparable available and validated census data.
Source: L. 2025: Entire section added, (SB 25-031), ch. 147, p. 559, § 2, effective August 6.
PART 8
COMPENSATION BENEFITS TO
VOLUNTEER CIVIL DEFENSE WORKERS
Editor's note: This part 8 was added in 1983. It was repealed in 1992 and was subsequently recreated and reenacted with relocations in 2012, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 8 prior to 1992, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2012 are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act recreating and reenacting this part 8, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-801. Legislative declaration. It is the policy and purpose of this part 8 to provide a means of compensating volunteer civil defense workers who may suffer any injury as defined in section 24-33.5-802 (6) as a result of participation in civil defense service.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1089, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2201 as it existed prior to 2012.
24-33.5-802. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Accredited local organization for civil defense means a local organization for civil defense that is certified by the office of emergency management as conforming with the Plan and Program for the Civil Defense of this State prepared by the governor of Colorado or under the governor's direction. A local organization for civil defense remains accredited only while the certificate of the Colorado state civil defense agency is in effect and is not revoked.
(1.5) Adjusting agent means the third-party workers' compensation insurer with which the office of emergency management contracts, in accordance with section 24-33.5-809, for the adjustment and disposition of claims and provision of compensation pursuant to this part 8.
(2) Civil defense service means all activities authorized by and carried on pursuant to the provisions of the Colorado Disaster Emergency Act, part 7 of this article, including training necessary or proper to engage in such activities.
(3) Civil defense worker means any natural person who is registered with the office of emergency management or with a local organization for civil defense for the purpose of engaging in civil defense service pursuant to the provisions of this part 8 or is a physician, health-care provider, public health worker, or emergency medical service provider who is ordered by the governor or a member of the disaster emergency forces of this state to provide specific medical or public health services during and related to an emergency epidemic.
(3.3) Colorado ranger means a peace officer acting under the authority of an agency requesting assistance from the Colorado rangers law enforcement shared reserve through an intergovernmental agreement or mutual aid agreement or as otherwise granted by law.
(3.5) Colorado rangers law enforcement shared reserve means the statewide shared reserve law enforcement agency that is a political subdivision of the state through the execution of an intergovernmental agreement pursuant to section 29-1-203.
(4) Disaster has the meaning set forth in section 24-33.5-703.
(5) Emergency volunteer service means all activities authorized and carried out by a volunteer who is a member of a qualified volunteer organization as directed by a county sheriff, local government, local emergency planning committee, or state agency in the event of disaster or during a training exercise, drill, or class conducted in preparation for a disaster, which exercise, drill, or class is organized or under the direction of such county sheriff, local government, local emergency planning committee, or state agency.
(6) Injury means and includes all accidental injuries and all occupational diseases recognized and compensated by the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S., as well as any illness that is caused by an emergency epidemic declared to be a disaster emergency.
(7) Local emergency planning committee means a committee that meets the criteria specified in section 24-33.5-1504.
(8) Local organization for civil defense means a public agency which is empowered to register and direct the activities of civil defense workers within the area of the county or city or any part thereof and is thus, because of such registration and direction, acting as an instrumentality of the state in aid of the carrying out of the general governmental functions and policy of the state and includes a local organization for civil defense established by ordinance.
(9) Qualified volunteer means a volunteer who meets the criteria specified in section 24-33.5-824 (1).
(10) Volunteer means a volunteer who is a member of a volunteer organization and provides volunteer services through the organization in the event of a disaster.
(11) Volunteer organization means an organization that provides emergency services on a state or local level pursuant to this part 8.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1089, § 10, effective July 1. L. 2016: (5) amended, (HB 16-1040), ch. 233, p. 942, § 3, effective August 10. L. 2020: (11) amended, (HB 20-1402), ch. 216, p. 1051, § 45, effective June 30. L. 2023: (3) amended, (HB 23-1072), ch. 21, p. 81, § 1, effective March 17. L. 2025: (3.3) and (3.5) added, (HB 25-1181), ch. 36, p. 179, § 3, effective March 26.
Editor's note: This section is similar to former § 24-32-2202 as it existed prior to 2012.
Cross references: For the legislative declaration in HB 16-1040, see section 1 of chapter 233, Session Laws of Colorado 2016.
24-33.5-803. Compensation for injury limited. Except as provided in this part 8, a civil defense worker and such civil defense worker's dependents have no right to receive compensation from the state, from the office of emergency management, from the local organization for civil defense with which such civil defense worker is registered, or from the county or city which has empowered the local organization for civil defense to register such civil defense worker and direct such civil defense worker's activities for an injury arising out of and occurring in the course of such civil defense worker's activities as a civil defense worker.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1090, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2203 as it existed prior to 2012.
24-33.5-804. Compensation provided is exclusive. Compensation provided by this part 8, as limited by this part 8, is the exclusive remedy of a civil defense worker or such civil defense worker's dependents for injury or death arising out of and in the course of such civil defense worker's activities as a civil defense worker as against the state, the office of emergency management, the local organization for civil defense with which such civil defense worker is registered, and the county or city that has empowered the local organization for civil defense to register such civil defense worker and direct such civil defense worker's activities. Liability for the compensation provided by this part 8, as limited by this part 8, is in lieu of any other liability whatsoever to a civil defense worker or such civil defense worker's dependents or any other person on the part of the state, the office of emergency management, the local organization for civil defense with which the civil defense worker is registered, and the county or city that has empowered the local organization for civil defense to register such civil defense worker and direct such civil defense worker's activities for injury or death arising out of and in the course of such civil defense worker's activities as a civil defense worker.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1090, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2204 as it existed prior to 2012.
24-33.5-805. Compensation for death or injury. (1) Compensation shall be furnished to a civil defense worker either within or without the state for any injury arising out of and occurring in the course of such civil defense worker's activities as a civil defense worker and for the death of any such worker if the injury proximately causes death in those cases where the following conditions occur:
(a) Where, at the time of the injury, the civil defense worker is performing services as a civil defense worker and is acting within the course of such civil defense worker's duties as a civil defense worker;
(b) Where, at the time of the injury, the local organization for civil defense with which the civil defense worker is registered is an accredited local organization for civil defense. If the civil defense worker is registered with the office of emergency management and is at the time of the injury performing services for said office and is acting within the course of such civil defense worker's duties as a civil defense worker for said office, registration with an accredited local organization for civil defense is not required.
(c) Where the injury is proximately caused by such civil defense worker's service as a civil defense worker, either with or without negligence;
(d) Where the injury is not caused by the intoxication of the injured civil defense worker;
(e) Where the injury is not intentionally self-inflicted.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1091, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2205 as it existed prior to 2012.
24-33.5-806. Benefits limited to appropriation. No compensation or benefits shall be paid or furnished to civil defense workers or their dependents pursuant to this part 8 except from moneys appropriated for the purpose of furnishing compensation and benefits to civil defense workers and their dependents. Liability for the payment or furnishing of compensation and benefits is dependent upon and limited to the availability of moneys so appropriated.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1091, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2206 as it existed prior to 2012.
24-33.5-806.5. Auxiliary emergency communications unit of the office of emergency management - qualified volunteers - protections and benefits. Notwithstanding any other provision of this part 8, any credentialed member of the auxiliary emergency communications unit of the office of emergency management created by section 24-33.5-705 (1) is a qualified volunteer for purposes of this part 8 and article 10 of this title and is eligible to receive the protections and benefits specified in this part 8 and in article 10 of this title.
Source: L. 2016: Entire section added, (HB 16-1040), ch. 233, p. 942, § 4, effective August 10.
Cross references: For the legislative declaration in HB 16-1040, see section 1 of chapter 233, Session Laws of Colorado 2016.
24-33.5-807. Benefits depend on reserve. After all moneys appropriated are expended or set aside in bookkeeping reserves for the payment or furnishing of compensation and benefits and reimbursing the adjusting agent for its services, the payment or furnishing of compensation and benefits for an injury to a civil defense worker or such civil defense worker's dependents is dependent upon there having been a reserve set up for the payment or furnishing of compensation and benefits to such civil defense worker or such civil defense worker's dependents for that injury, and liability is limited to the amount of the reserve. The excess in a reserve for the payment or furnishing of compensation and benefits or for reimbursing the adjusting agent for its services may be transferred to reserves of other civil defense workers for the payment or furnishing of compensation and benefits and reimbursing the adjusting agent fund or may be used to set up reserves for other civil defense workers.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1091, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2207 as it existed prior to 2012.
24-33.5-808. Workers' compensation law applies. Insofar as not inconsistent with this part 8, the Workers' Compensation Act of Colorado applies to civil defense workers and their dependents and to the furnishing of compensation and medical, dental, and funeral benefits to them or their dependents. Employee, as used in said act, includes a civil defense worker when liability for the furnishing of the compensation and benefits exists pursuant to this part 8 and as limited by this part 8. Where liability for compensation and benefits exists, such compensation and benefits shall be provided in accordance with the applicable provisions of the Workers' Compensation Act of Colorado and at the maximum rate provided therein, subject to the limitations set forth in this part 8.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1091, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2208 as it existed prior to 2012.
24-33.5-809. Agreement for disposition of claims. The office of emergency management and the adjusting agent shall enter into an agreement requiring the adjusting agent to adjust and dispose of claims and furnish compensation to civil defense workers and their dependents. The agreement must authorize the adjusting agent to make all expenditures, including payments to claimants for compensation or for the adjustment or settlement of claims. Nothing in this part 8 means that the adjusting agent or its officers or agents have the final decision with respect to the compensability of any case or the amount of compensation or benefits due. Any civil defense worker or the civil defense worker's dependents have the same right to hearings before the division of labor standards and statistics in the department of labor and employment and its referees, and to appeal from awards of the division and referees to the industrial claim appeals panel and to the courts, as is provided in the hearing and review procedures of the Workers' Compensation Act of Colorado, article 43 of title 8, C.R.S., subject to the limitations prescribed in this part 8.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1092, § 10, effective July 1. L. 2016: Entire section amended, (HB 16-1323), ch. 131, p. 380, § 18, effective August 10.
Editor's note: This section is similar to former § 24-32-2209 as it existed prior to 2012.
24-33.5-810. Reimbursement of fund. The agreement entered into pursuant to section 24-33.5-809 shall provide that the adjusting agent shall be reimbursed for its expenditures made as adjusting agent and for the cost of services rendered, which reimbursement shall be made out of moneys appropriated for the purpose of furnishing compensation to civil defense workers. The reimbursement for cost of services rendered shall not exceed twelve and one-half percent of the total expenditures for medical and dental treatment and disability and death payments made by the adjusting agent in the adjustment of claims arising under this part 8. The agreement shall provide for the setting up of bookkeeping reserves in order that provisions may be made for the reimbursement of the adjusting agent and that liability for the payment or furnishing of compensation may be determined. The agreement shall also provide that the adjusting agent shall be notified promptly by the office of emergency management when a local organization for civil defense is certified as an accredited local organization for civil defense and when the certification is revoked.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1092, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2210 as it existed prior to 2012.
24-33.5-811. Parties to agreement. An accredited local organization for civil defense and the county, town, or city which has empowered the local organization for civil defense to register and direct activities of civil defense workers automatically become parties to the agreement entered into pursuant to section 24-33.5-809 upon the local organization for civil defense becoming an accredited local organization for civil defense.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1092, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2211 as it existed prior to 2012.
24-33.5-812. Other provisions of agreement. The agreement entered into pursuant to section 24-33.5-809 may also contain any other provision not inconsistent with this part 8 deemed necessary by the office of emergency management and the adjusting agent for the furnishing of compensation to civil defense workers and their dependents in accordance with the provisions of this part 8 and the services provided by the adjusting agent. The agreement may be modified by action of the office of emergency management and the adjusting agent.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1093, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2212 as it existed prior to 2012.
24-33.5-813. Power of recovery - use of recovered amounts. The adjusting agent may, in its own name or in the name of the office of emergency management, or both, do any and all things necessary to recover on behalf of the office of emergency management any and all amounts that an employer or insurance carrier might recover under section 8-41-203, C.R.S. All amounts so recovered shall be used for the furnishing of compensation benefits, and the agreement entered into pursuant to section 24-33.5-809 shall provide for the reimbursing of the adjusting agent for expenses incurred in recovering such amounts and the manner in which such amounts shall be applied to the furnishing of compensation.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1093, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2213 as it existed prior to 2012.
24-33.5-814. Federal benefits deducted. Should the United States government or any agent thereof, in accordance with any federal statute or rule or regulation, furnish monetary assistance, benefits, or other temporary or permanent relief to civil defense workers or their dependents for injuries arising out of and occurring in the course of their activities as civil defense workers, the amount of compensation which any civil defense worker or such civil defense worker's dependents are otherwise entitled to receive from the state of Colorado as provided in this part 8 shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief such civil defense worker or such civil defense worker's dependents have received and will receive from the United States or any agent thereof as a result of the injury.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1093, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2214 as it existed prior to 2012.
24-33.5-815. State medical aid denied - when. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States government or any agent thereof furnishes medical, surgical, or hospital treatment or any combination thereof to an injured civil defense worker, such civil defense worker has no right to receive similar medical, surgical, or hospital treatment as provided in this part 8; except that the adjusting agent, as adjusting agent of the office of emergency management, may furnish medical, surgical, or hospital treatment as part of the compensation provided under this part 8.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1093, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2215 as it existed prior to 2012.
24-33.5-816. Medical benefits as part of compensation. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States government or any agent thereof will reimburse a civil defense worker or such civil defense worker's dependents for medical, surgical, or hospital treatment or any combination thereof furnished to such injured civil defense worker, the civil defense worker has no right to receive similar medical, surgical, or hospital treatment as provided in this part 8; except that the adjusting agent, as adjusting agent of the office of emergency management, may furnish medical, surgical, or hospital treatment as part of the compensation provided under this part 8 and apply to the United States government or its agent for the reimbursement that will be made to the civil defense worker or such civil defense worker's dependents. As a condition to the furnishing of such medical, surgical, or hospital treatment, the adjusting agent shall require the civil defense worker and such civil defense worker's dependents to assign to the state of Colorado, for the purpose of reimbursing for any medical, surgical, or hospital treatment furnished or to be furnished by the state, any privilege or right the civil defense worker or such civil defense worker's dependents may have to reimbursement from the United States government or any agent thereof.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1093, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2216 as it existed prior to 2012.
24-33.5-817. State benefits barred - when. If the furnishing of compensation under this part 8 and the acts referred to in this part 8 to a civil defense worker or such civil defense worker's dependents prevents such civil defense worker or such civil defense worker's dependents from receiving assistance, benefits, or other temporary or permanent relief under the provisions of a federal statute or rule or regulation, the civil defense worker and such civil defense worker's dependents have no right to and shall not receive any compensation from the state of Colorado under this part 8 and the acts referred to in this part 8 for any injury for which the United States government or any agent thereof will furnish assistance, benefits, or other temporary or permanent relief in the absence of the furnishing of compensation by the state of Colorado.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1094, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2217 as it existed prior to 2012.
24-33.5-818. Classes of workers - registration - duties. The division of homeland security and emergency management shall establish by rule various classes of civil defense workers and the scope of the duties of each class. The division of homeland security and emergency management shall also adopt rules prescribing the manner in which civil defense workers of each class are to be registered. All such rules shall be designed to facilitate the paying of workers' compensation.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1094, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2218 as it existed prior to 2012.
24-33.5-819. Accrediting local organization. Any local organization for civil defense that both agrees to follow the rules established by the division of homeland security and emergency management pursuant to this part 8 and substantially complies with such rules shall be certified by the division of homeland security and emergency management. Upon making the certification, not before, the local organization for civil defense becomes an accredited local organization for civil defense.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1094, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2219 as it existed prior to 2012.
24-33.5-820. Accredited status lost - when. If an accredited local organization for civil defense fails to comply with the rules of the division of homeland security and emergency management in any material degree, the division of homeland security and emergency management may revoke the certification, and upon the act of revocation the local organization for civil defense shall lose its accredited status. It may again become an accredited local organization for civil defense in the same manner as is provided for a local organization for civil defense that has not had its certificate revoked.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1094, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2220 as it existed prior to 2012.
24-33.5-821. Transfer of moneys. Not less often than once each ninety days, the treasurer of the state of Colorado, upon the written request of the adjusting agent, shall transfer to the account designated by the adjusting agent, from the sum appropriated by the general assembly for the payment of claims that may arise under this part 8, such sum as may be required to reimburse the adjusting agent in full for any sum theretofore paid by the adjusting agent on any claims arising under this part 8, together with any expense incurred by the adjusting agent in adjusting the same as provided in this part 8, and such amount as may be estimated by the adjusting agent as being necessary to carry said claims to maturity and ensure the full payment thereof. The requests of the adjusting agent from time to time for the transfer of moneys as provided in this section shall cite this part 8 as authority for such transfer and shall be made upon such form as the treasurer of the state of Colorado and the controller may prescribe or, in the absence of the prescribing of special forms, upon a voucher citing this part 8 as authority.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1095, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2221 as it existed prior to 2012.
24-33.5-822. County sheriff - local government - local emergency planning committee - memorandum of understanding with volunteer organizations. (1) Any county sheriff, the director of any local government, any local emergency planning committee, or any state agency may develop and enter into a memorandum of understanding with one or more volunteer organizations, including but not limited to the Colorado rangers, to assist the county sheriff, local government, local emergency planning committee, or state agency in providing services as required.
(2) A memorandum of understanding between a county sheriff, a local government, a local emergency planning committee, or a state agency and a volunteer organization may include the following information:
(a) The circumstances under which the county sheriff, local government, local emergency planning committee, or state agency may request the services of the volunteer organization;
(b) The circumstances under which the volunteer organization may accept or refuse the request for assistance by the county sheriff, local government, local emergency planning committee, or state agency;
(c) The party that will be responsible for any costs incurred by the volunteer organization in the course of assisting the county sheriff, local government, local emergency planning committee, or state agency;
(d) The specific training or certification required for volunteers who are members of the volunteer organization to be authorized to assist the county sheriff, local government, local emergency planning committee, or state agency;
(e) The duration of the memorandum of understanding;
(f) Provisions for amending the memorandum of understanding; and
(g) Any other information deemed necessary by the county sheriff, local government, local emergency planning committee, or state agency or by the volunteer organization.
(3) If national or statewide training and certification standards exist for a certain organization or certain type of volunteer, the existing standards shall be used in a memorandum of understanding created pursuant to this section.
(4) The most current version of the state of Colorado intergovernmental agreement for emergency management may be used as the memorandum of understanding pursuant to this section.
(5) A member of the Colorado rangers and any other volunteer organization lending assistance to a county sheriff, local government, local emergency planning committee, or state agency pursuant to this section is an authorized volunteer for the purposes of article 10 of this title 24.
(6) The executive director of the department of public safety created in section 24-33.5-103, the director of the Colorado bureau of investigation created in section 24-33.5-401, the executive director of the department of corrections created in section 24-1-128.5, the division of emergency management created by part 21 of this article 33.5, the division of homeland security created in section 24-33.5-1603, and a county sheriff, police chief, town marshal, or any other law enforcement organization certified pursuant to the provisions of article 2.5 of title 16, that enters into an intergovernmental agreement or mutual aid agreement with the Colorado rangers law enforcement shared reserve or a Colorado ranger is solely responsible for, and in direct control of, the performance of any Colorado ranger, including incurring any and all liabilities for misconduct of the Colorado ranger, and is responsible for addressing any misconduct as if the Colorado ranger was a full-time employee of the organization.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1095, § 10, effective July 1; (1), (2)(a), (2)(b), (2)(c), and (2)(d) amended and (5) and (6) added, (SB 12-072), ch. 57, pp. 207, 208, §§ 2, 4, effective August 8. L. 2025: (6) amended, (HB 25-1181), ch. 36, p. 180, § 4, effective March 26; (1) and (5) amended, (SB 25-300), ch. 428, p. 2449, § 33, effective August 6.
Editor's note: (1) This section is similar to former § 24-32-2222 as it existed prior to 2012.
(2) Amendments to section 24-32-2222 (1), (2)(a), (2)(b), (2)(c), (2)(d), (5), and (6) by Senate Bill 12-072 were harmonized with House Bill 12-1283 and relocated to this section.
Cross references: For the legislative declaration in the 2012 act amending subsections (1), (2)(a), (2)(b), (2)(c), and (2)(d) and adding subsections (5) and (6), see section 1 of chapter 57, Session Laws of Colorado 2012.
24-33.5-822.5. Colorado rangers law enforcement shared reserve - additional authority of board to authorize compensation for extended or out-of-state service - acceptance of gifts, grants, and donations authorized - sunrise application required - definition - repeal. (1) As used in this section, unless the context otherwise requires, board means the board of the Colorado rangers law enforcement shared reserve as collectively appointed pursuant to, and by the mayors of the municipalities and commissioners of any counties that are parties to, the intergovernmental agreement that governs the Colorado rangers law enforcement shared reserve.
(2) (a) The board may establish policies to allow compensation to be paid to a Colorado ranger if the Colorado ranger:
(I) Is deployed for an extended period, as defined or described in the policies, as a peace officer for a member jurisdiction pursuant to the intergovernmental agreement or for a nonmember jurisdiction pursuant to a mutual aid agreement; or
(II) Is deployed as a peace officer outside the state as authorized by the Emergency Management Assistance Compact, part 29 of article 60 of this title 24.
(b) Compensation paid to a Colorado ranger pursuant to board policies adopted as authorized by subsection (2)(a) of this section may be paid to the Colorado ranger either directly by the board or by a member jurisdiction or a nonmember jurisdiction under the terms of the intergovernmental agreement, a mutual aid agreement, or a memorandum of understanding, as applicable.
(3) The Colorado rangers law enforcement shared reserve may seek, accept, and expend gifts, grants, or donations from private or public sources for any of its purposes authorized by law, intergovernmental agreement, or a mutual aid agreement.
(4) (a) The board shall submit a sunrise application pursuant to section 16-2.5-201 by July 1, 2025, to determine if any change in peace officer status is necessary.
(b) This subsection (4) is repealed, effective January 1, 2026.
Source: L. 2025: Entire section added, (HB 25-1181), ch. 36, p. 180, § 5, effective March 26.
24-33.5-823. Qualified volunteer organization list - creation - nomination of organizations. (1) Any volunteer who is associated with a qualified volunteer organization pursuant to this section may be eligible to receive the protections and benefits specified in this part 8 and in article 10 of this title. The executive director of the department or the executive director's designee shall create and maintain a list of volunteer organizations that shall be known as the qualified volunteer organization list.
(2) Any county sheriff, local government, local emergency planning committee, or state agency may nominate a volunteer organization with which it enters into a memorandum of understanding pursuant to section 24-33.5-822 to be included on the qualified volunteer organization list created and maintained pursuant to subsection (1) of this section.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1096, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2223 as it existed prior to 2012.
24-33.5-824. Volunteers - provision of emergency services - protections - benefits. (1) A volunteer shall be allowed to receive the benefits and protections specified in this part 8 and pursuant to article 10 of this title if the volunteer is determined to be a qualified volunteer pursuant to this section. A volunteer shall be deemed a qualified volunteer if:
(a) The volunteer is a member of a volunteer organization that enters into a memorandum of understanding with a county sheriff, local government, local emergency planning committee, or state agency pursuant to section 24-33.5-822;
(b) The volunteer organization of which the volunteer is a member is included on the qualified volunteer organization list created and maintained by the department pursuant to section 24-33.5-823;
(c) The volunteer is called to service through the volunteer organization under the authority of the county sheriff, local government, local emergency planning committee, or state agency to volunteer in a disaster or during a training exercise, drill, or class conducted in preparation for a disaster, which exercise, drill, or class is organized or under the direction of such county sheriff, local government, local emergency planning committee, or state agency; except that the provisions of sections 24-33.5-825 and 24-33.5-826 do not apply to a training exercise, drill, or class without the express prior consent and approval of the volunteer's employer; and
(d) The volunteer receives the appropriate verification pursuant to subsection (2) of this section.
(2) The executive director of the department or the executive director's designee shall create a system whereby a volunteer may obtain proof to provide to his or her employer that specifies:
(a) The volunteer was called to service by a volunteer organization for the purpose of assisting in a disaster or during a training exercise, drill, or class conducted in preparation for a disaster, which exercise, drill, or class is organized or under the direction of such county sheriff, local government, local emergency planning committee, or state agency; except that the provisions of sections 24-33.5-825 and 24-33.5-826 do not apply to a training exercise, drill, or class without the express prior consent and approval of the volunteer's employer;
(b) The volunteer reported for service and performed the activities required of him or her by the volunteer organization; and
(c) The number of days of service that the volunteer provided.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1096, § 10, effective July 1. L. 2016: (1)(c) and (2)(a) amended, (HB 16-1040), ch. 233, p. 942, § 5, effective August 10.
Editor's note: This section is similar to former § 24-32-2224 as it existed prior to 2012.
Cross references: For the legislative declaration in HB 16-1040, see section 1 of chapter 233, Session Laws of Colorado 2016.
24-33.5-825. Qualified volunteers - leave of absence - public employees. (1) Any qualified volunteer who is an officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state and who is called into service by a volunteer organization is entitled to a leave of absence from the qualified volunteer's employment for the time when the qualified volunteer is serving, without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other benefits. The leave without loss of pay that is allowed pursuant to this section shall not exceed a total of fifteen workdays in any calendar year; except that such leave without loss of pay shall be allowed only if the required volunteer service is satisfactorily performed, which shall be presumed unless the contrary is established.
(2) The leave allowed pursuant to subsection (1) of this section shall be allowed only if the qualified volunteer returns to his or her public position the next scheduled workday after being relieved from emergency volunteer service; except that leave shall be allowed pursuant to subsection (1) of this section if the employee is unable to return to work due to injury or circumstances beyond the employee's control and the employee notifies the employer as soon as practicable, but prior to the next scheduled workday.
(3) A state agency or any political subdivision, municipal corporation, or other public agency of the state may hire a temporary employee to fill a vacancy created by a leave of absence allowed pursuant to subsection (1) of this section.
(4) Upon returning from a leave of absence allowed pursuant to this section, a qualified volunteer is entitled to return to the same position and classification held by the qualified volunteer before the leave of absence for the emergency volunteer service or to the position, including the geographic location of the position, and classification that the qualified volunteer would have been entitled to if the qualified volunteer did not take a leave of absence for the emergency volunteer service.
(5) A qualified volunteer who is an officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state, receiving a leave of absence pursuant to this section, and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all of the rights accrued up to the time of taking the leave and shall have all rights subsequently accruing under such system as if the qualified volunteer did not take the leave. Any increase in the amount of money benefits accruing with respect to the time of the leave is dependent upon the payment of any contributions or assessments, and the right to the increase is dependent upon the payment of contributions or assessments within a reasonable time after the termination of the leave and upon such terms as the authorities in charge of the system may prescribe.
(6) Notwithstanding this section, an employer shall not be required to provide leave pursuant to this section to more than twenty percent of the employer's employees on any workday.
(7) Notwithstanding this section, an employer shall not be required to allow leave pursuant to this section for any employee designated as an essential employee. For the purposes of this subsection (7), essential employee means an employee who the employer deems to be essential to the operation of the employer's daily enterprise and whose absence would likely cause the employer to suffer economic injury.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1097, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2225 as it existed prior to 2012.
24-33.5-826. Qualified volunteers - leave of absence - private employees. (1) Any qualified volunteer who is employed by a private employer and who is called into service by a volunteer organization for a disaster is entitled to a leave of absence from the qualified volunteer's employment, other than employment of a temporary nature, for the time when the qualified volunteer is serving. The leave allowed for a qualified volunteer pursuant to this section shall not exceed a total of fifteen workdays in any calendar year, and the leave shall be allowed only if the volunteer is called into service for a disaster and provides proof that he or she is a qualified volunteer pursuant to section 24-33.5-824 (2).
(2) The leave of absence allowed pursuant to this section shall be construed as an absence with leave and without pay and shall not affect the qualified volunteer's rights to vacation, sick leave, bonus, advancement, or other employment benefits or advantages relating to and normally to be expected for the qualified volunteer's particular employment.
(3) The leave of absence pursuant to subsection (1) of this section shall be allowed only if the qualified volunteer returns to his or her employment as soon as practicable after being relieved from emergency volunteer service.
(4) The employer of a qualified volunteer who takes a leave of absence from employment to engage in emergency volunteer service shall, upon the qualified volunteer's completion of the emergency volunteer service, restore the qualified volunteer to the position the volunteer held prior to the leave of absence or to a similar position.
(5) Notwithstanding this section, an employer shall not be required to provide leave pursuant to this section to more than twenty percent of the employer's employees on any workday.
(6) Notwithstanding this section, an employer shall not be required to allow leave pursuant to this section for any employee designated as an essential employee. For the purposes of this subsection (6), essential employee means an employee who the employer deems to be essential to the operation of the employer's daily enterprise, whose absence would likely cause the employer to suffer economic injury, or whose duties include assisting in disaster recovery for the employer.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1098, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2226 as it existed prior to 2012.
24-33.5-827. Procedures. (1) The office of emergency management shall create procedures for the administration of this part 8. The procedures shall include:
(a) A process for a county sheriff, local government, local emergency planning committee, or state agency to nominate a volunteer organization to be included on the qualified volunteer organization list pursuant to section 24-33.5-823; and
(b) A process to verify that a qualified volunteer provided volunteer services during a disaster or an organized training exercise, drill, or class, and a method to allow the volunteer to provide proof of such service to his or her employer pursuant to section 24-33.5-824 (2).
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1099, § 10, effective July 1. L. 2016: (1)(b) amended, (HB 16-1040), ch. 233, p. 943, § 6, effective August 10.
Editor's note: This section is similar to former § 24-32-2227 as it existed prior to 2012.
Cross references: For the legislative declaration in HB 16-1040, see section 1 of chapter 233, Session Laws of Colorado 2016.
24-33.5-828. Interpretation. (1) Nothing in this part 8 amends, suspends, supercedes, or otherwise modifies the protections provided to volunteer firefighters pursuant to section 31-30-1131, C.R.S.
(2) Nothing in this part 8 affects any preexisting intergovernmental agreement regarding emergency management or any other issue.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1099, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2228 as it existed prior to 2012.
PART 9
CIVIL DEFENSE LIABILITY - PUBLIC OR PRIVATE
Editor's note: This part 9 was added in 1983. It was repealed in 1992 and was subsequently recreated and reenacted with relocations in 2012, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 9 prior to 1992, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2012 are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act recreating and reenacting this part 9, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-901. Short title. This part 9 shall be known and may be cited as the Civil Defense Liability Act.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1099, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2301 as it existed prior to 2012.
24-33.5-902. Legislative declaration - no private liability. (1) It is declared to be the policy of the general assembly to encourage the owners of any building, mine, structure, or other real estate to make such property available, without compensation, for civil defense, and for that purpose this section is enacted.
(2) No person, limited liability company, partnership, corporation, or association shall be civilly liable, except for willful and wanton acts, for the death or injury of any person or the injury to or loss of any property which may occur in or on the property of such person, limited liability company, partnership, corporation, or association resulting from any preparation, drill, exercise, use in an official alert, or inspection incidental to a civil defense activity. This exemption from liability extends to any owner, tenant, lessee, assignee, or successor in interest of any property used for civil defense purposes, together with his or her personal representatives, heirs, successors, and assigns.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1099, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2302 as it existed prior to 2012.
24-33.5-903. State liability. All legal liabilities for damages, not only to property under the constitution of the state of Colorado but also for death or injury to any person, except a civil defense worker regularly enrolled and acting as such, caused by acts done or attempted under the color of the Colorado Disaster Emergency Act, part 7 of this article, in a bona fide attempt to comply therewith, shall be the obligation of the state of Colorado. Permission is given for suits against the state for recovery of compensation in that behalf, and for the indemnification of any person appointed and regularly enrolled as a civilian defense worker while actually engaged in civil defense duties or as a member of any agency of the state or political subdivision thereof engaged in civilian defense activity, or such person's dependents, as an aspect of damage done to such person's private property, or judgment against such person for acts done in good faith attempts in compliance with this part 9. The foregoing shall not be construed to result in indemnification in any case of willful misconduct, gross negligence, or bad faith on the part of any agent of civilian defense. Should the United States government or any agency thereof, in accordance with any federal statute, rule, or regulation, provide for the payment of damages to property or for death or injury as provided for in this section, then and in that event, there shall be no liability or obligation whatsoever upon the part of the state of Colorado for any such damage, death, or injury for which the United States government assumes liability.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1099, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2303 as it existed prior to 2012.
24-33.5-904. Recovery for personal injury. (1) Recovery for the injury or death of persons appointed and regularly enrolled in a civil defense organization as contemplated by the Colorado Disaster Emergency Act, part 7 of this article, while actually engaged in civil defense duties shall be limited to the provisions of the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S. If such persons are regularly employed by the state of Colorado or its political subdivisions, and, if such persons are volunteer civil defense workers, shall be limited as otherwise provided by statute.
(2) Subsection (1) of this section shall not affect the right of any person to receive benefits or compensation to which such person might be entitled under any workers' compensation or pension law or any act of congress.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1100, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2304 as it existed prior to 2012.
PART 10
EVACUATION OF SCHOOL BUILDINGS FOR CIVIL DEFENSE
Editor's note: This part 10 was added in 1983. It was repealed in 1992 and was subsequently recreated and reenacted with relocations in 2012, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this part 10 prior to 1992, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2012 are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act recreating and reenacting this part 10, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1001. Evacuation plan agreements. Any board of education of any school district in the state of Colorado may enter into an agreement with the appropriate local civil defense agency or authorities for the purpose of establishing an orderly plan for the evacuation of any or all school buildings within the jurisdiction of said school district.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1100, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2401 as it existed prior to 2012.
24-33.5-1002. Evacuation drill - district liability. In the event that such school district and the respective local civil defense agency or authorities desire to perform an evacuation drill for any or all school buildings, the board of education of such school district and its officers, employees, and agents participating therein shall be relieved of all liability, except as otherwise provided by article 10 of this title, with regard to the accidental injury of any pupil during school hours from the time that the pupil leaves the school building until such pupil's return to the building at the conclusion of the evacuation drill.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1100, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2402 as it existed prior to 2012.
24-33.5-1003. Buses used. For drill or other evacuation purposes as described in this part 10, buses and such other modes of transport as are operated by the respective school district for the transportation of pupils may be operated by the district outside the boundaries of the district.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1101, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2403 as it existed prior to 2012.
24-33.5-1004. Liability insurance. For purposes of this part 10, a school district may expend available funds to utilize the services of its employees or properties and may, if the board of education so desires, pay premiums from available funds to procure liability and property damage insurance covering such district, its governing body, officers, and employees, and, if deemed necessary or desirable, volunteer workers while participating in such civil defense activity, but there shall be no right of contribution on the part of such district to the insurance carrier.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1101, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2404 as it existed prior to 2012.
24-33.5-1005. Extraterritorial powers. When the officers, employees, or agents of any school district participating in any civil defense exercise in connection with this part 10 are required to go beyond the territorial limits of such political subdivision, such persons shall nevertheless have the same powers, duties, rights, privileges, and immunities while beyond the territorial limits of the school district as if they were performing their duties within the territorial limits of such district.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1101, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2405 as it existed prior to 2012.
PART 11
DISASTER RELIEF
Editor's note: This part 11 was added in 1983. It was repealed in 1992 and was subsequently recreated and reenacted with relocations in 2012, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 11 prior to 1992, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2012 are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act recreating and reenacting this part 11, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1101. Power to make rules. The governor is authorized to make rules necessary to carry out the purposes of this part 11, including standards of eligibility for persons applying for benefits; procedures for applying and administration; methods of investigating, filing, and approving applications; and formation of local or statewide boards to pass upon applications and procedures for appeal.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1101, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2501 as it existed prior to 2012.
24-33.5-1102. Emergency relief. (1) In an emergency, the governor may provide assistance to save lives and to protect property and public health and safety.
(2) The governor may provide such emergency assistance by directing state agencies to provide technical assistance and advisory personnel to the affected state and local governments in giving:
(a) Aid in the performance of essential community services, warning of further risks and hazards, public information and assistance in health and safety measures, technical advice on management and control, and reduction of immediate threats to public health and safety; and
(b) Assistance in the distribution of medicine, food, and other consumable supplies or emergency assistance.
(3) In addition, in any emergency, the governor is authorized to provide such other assistance under this part 11 as the governor deems appropriate.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1101, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2502 as it existed prior to 2012.
24-33.5-1103. False claims - penalties. Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under this part 11 and who thereby receives assistance to which such person is not entitled commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1102, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2503 as it existed prior to 2012.
24-33.5-1104. Temporary housing for disaster victims. (1) Whenever the governor has proclaimed a disaster emergency under the laws of this state or the president of the United States has declared an emergency or a major disaster to exist in this state, the governor is authorized:
(a) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the state;
(b) To assist any political subdivision of the state which is the locus of temporary housing for disaster victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units by:
(I) Advancing or lending funds available to the governor from any appropriation made by the general assembly or from any other source;
(II) Passing through funds made available by any agency, public or private; or
(III) Becoming a copartner with the political subdivision for the execution and performance of any temporary housing project for disaster victims; and
(c) Under such rules as the governor shall prescribe, to temporarily suspend or modify for not to exceed sixty days any public health, safety, zoning, transportation within or across the state, or other requirement of law or regulation within this state when by proclamation the governor deems such suspension or modification essential to provide temporary housing for disaster victims.
(2) Any political subdivision of the state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to prepare or equip such sites to utilize the housing units.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1102, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2504 as it existed prior to 2012.
24-33.5-1105. Debris removal. (1) Whenever the governor has declared a disaster emergency to exist under the laws of this state or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:
(a) Notwithstanding any other law, through the use of state departments or agencies or the use of any of the state's instrumentalities, to clear or remove from publicly or privately owned land or water debris and wreckage which may threaten public health or safety or public or private property; and
(b) To accept funds from the federal government and to utilize such funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.
(2) Authority under this part 11 shall not be exercised unless the affected local government, corporation, organization, or individual first presents an unconditional authorization for removal of such debris or wreckage from public or private property and, in the case of removal of debris or wreckage from private property, first agrees to indemnify the state government against any claim arising from such removal.
(3) Whenever the governor provides for clearance of debris or wreckage pursuant to subsections (1) and (2) of this section, employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or water and perform any tasks necessary to removal or clearance operations.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1102, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2505 as it existed prior to 2012.
24-33.5-1106. Grants to individuals. (1) Whenever the governor has declared a major disaster to exist in this state, he or she is authorized, upon making a determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which cannot be otherwise adequately met from other means of assistance, to accept a grant from the federal government to fund such financial assistance, subject to such terms and conditions as may be imposed upon the grant.
(2) Notwithstanding any other law or rule, the governor is authorized to make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which cannot otherwise adequately be met from other means of assistance.
(3) The office of emergency management created in 24-33.5-705 shall coordinate with the governor's office, federal agencies, other state agencies, local governments, and philanthropic entities as determined by the office to ensure disaster individual assistance is delivered in a coordinated effort and to avoid duplication of benefits.
(4) The office of emergency management may, in collaboration with the department of local affairs created in section 24-1-125 and the Colorado energy office created in section 24-38.5-101, implement and maintain a disaster survivor portal for disaster survivors to apply for approved state disaster individual assistance. The portal may provide disaster survivors with a coordinated method to access appropriate benefits, including federal benefit programs, approved state disaster individual assistance benefits, the disaster resilience rebuilding program created in 24-32-134, and the sustainable rebuilding program created in 24-38.5-115. The portal may ensure equitable access to program information including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility. Local governments and philanthropic entities may operate their own disaster survivor portals in coordination with the office of emergency management.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1103, § 10, effective July 1. L. 2014: Entire section amended, (HB 14-1004), ch. 11, p. 103, § 3, effective February 27. L. 2022: (2) amended and (3) and (4) added, (SB 22-206), ch. 173, p. 1157, § 6, effective May 17.
Editor's note: This section is similar to former § 24-32-2506 as it existed prior to 2012.
Cross references: For the legislative declaration in SB 22-206, see section 1 of chapter 173, Session Laws of Colorado 2022.
24-33.5-1107. Community loans. (1) Whenever, at the request of the governor, the president of the United States has declared a major disaster to exist in this state, the governor is authorized:
(a) Upon the governor's determination that a local government of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the local government, for a loan and to receive and disburse the proceeds of any approved loan to any local government making application therefor;
(b) To determine the amount needed by any local government making application therefor to restore or resume its governmental functions and to certify the same to the federal government; except that no application shall exceed twenty-five percent of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs;
(c) To recommend to the federal government, based upon the governor's review, the cancellation of all or any part of repayment when, in the first period of three full fiscal years following the major disaster, the revenues of the local government are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal character; and
(d) To determine the percentage at which the state and a local government will contribute moneys to cover the nonfederal cost share required by the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. sec. 5121 et seq., required by the federal highway administration pursuant to 23 U.S.C. sec. 125, or required by any other federal law in order to receive federal disaster relief funds. After making such a determination, the governor may amend the percentage at which the state and local government will contribute moneys to the nonfederal cost share based on the needs of the individual local governments. As soon as practicable after making or amending such a determination, the governor shall notify the joint budget committee of the source and amount of state moneys that will be contributed to cover a nonfederal cost share pursuant to this paragraph (d).
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1103, § 10, effective July 1. L. 2014: (1)(d) added, (SB 14-121), ch. 54, p. 251, § 2, effective March 21.
Editor's note: This section is similar to former § 24-32-2507 as it existed prior to 2012.
24-33.5-1108. Bar against suits. Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or agent complying with orders of the governor and performing duties pursuant thereto under this part 11 shall not be liable for death of or injury to persons or damage to property.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1104, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2508 as it existed prior to 2012.
24-33.5-1109. Interstate compacts. The governor is authorized to enter into interstate compacts for prevention of disasters and for carrying out the purposes of this part 11.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1104, § 10, effective July 1.
Editor's note: This section is similar to former § 24-32-2509 as it existed prior to 2012.
PART 12
DIVISION OF FIRE PREVENTION AND CONTROL
Editor's note: Prior to the enactment of this article, the substantive provisions of this part 12 relating to a voluntary certification program for firefighters were located in part 11 of article 32 of this title.
24-33.5-1201. Division of fire prevention and control - creation - public school construction and inspection section - health facility construction and inspection section - legislative declaration. (1) (a) There is hereby created within the department the division of fire prevention and control. The head of the division is the director of the division of fire prevention and control. The executive director shall appoint the director pursuant to section 13 of article XII of the state constitution. Only those persons meeting the qualifications described in paragraph (b) of this subsection (1) are eligible for appointment.
(b) Pursuant to this part 12, the director is responsible for the delivery, management, and administration of fire protection and life safety-related codes and standards, fire investigations, fire safety education for the public, and fire prevention services for the state. In order to be eligible for appointment as director, a person must be qualified in both structural and wildland fire suppression, mitigation, and prevention, have at least ten years of experience in an organized career fire department, and meet, or will meet within one year of hire, the job performance requirements specified in the national fire protection association's standard 1037 as the professional qualifications for fire marshal.
(c) (I) Whenever the division of fire safety is referred to or designated by any contract or other document, the reference or designation applies to the division of fire prevention and control.
(II) (A) Whenever any law refers to the division of fire safety, that law shall be construed as referring to the division of fire prevention and control.
(B) Repealed.
(2) The division, the office of the director, the advisory board created in section 24-33.5-1204, and the board of appeals created in section 24-33.5-1213.7 are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety and the executive director.
(3) (a) There is created in the division the public school construction and inspection section to implement the provisions of sections 22-32-124 (2) and 23-71-122 (1)(v) and to administer and enforce the codes in accordance with sections 24-33.5-1213 and 24-33.5-1213.3. The public school construction and inspection section is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division and the executive director.
(b) The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers specified in sections 22-32-124 and 23-71-122 (1)(v), C.R.S., and in this part 12. The executive director may delegate appointing authority as appropriate.
(c) and (d) Repealed.
(4) (a) (I) Effective July 1, 2012, the division of fire prevention and control shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations relating to fire and wildfire preparedness, response, suppression, coordination, or management vested previously in the board of governors of the Colorado state university system or the state forest service thereunder, as those rights, powers, duties, functions, and obligations existed on June 30, 2012.
(II) There is created in the division of fire prevention and control the wildland fire management section to implement this subsection (4) and sections 24-33.5-1217 to 24-33.5-1226.5. The wildland fire management section is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of fire prevention and control.
(b) (I) On July 1, 2012, all positions of employment in the state forest service of the board of governors of the Colorado state university system that are principally related to fire and wildfire preparedness, response, suppression, coordination, or management shall be transferred to the division of fire prevention and control in the department of public safety and shall become employment positions in the wildland fire management section therein.
(II) On July 1, 2012, all employees of the board of governors of the Colorado state university system or the state forest service thereunder who are employed in a capacity principally related to and wildfire preparedness, response, suppression, coordination, or management shall be considered employees of the wildland fire management section in the division of fire prevention and control in the department of public safety. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous.
(III) On July 1, 2012, all moneys previously received or appropriated to the board of governors of the Colorado state university system relating principally to fire and wildfire preparedness, response, suppression, coordination, and management, including office furniture and fixtures, books, documents, and records of the board, are transferred to the wildland fire management section in the division of fire prevention and control and shall become the property thereof.
(IV) On July 1, 2012, all items of personal property of the board of governors of the Colorado state university system relating principally to fire and wildfire preparedness, response, suppression, coordination, and management, including office furniture and fixtures, books, documents, and records of the board, are transferred to the wildland fire management section in the division of fire prevention and control and shall become the property thereof.
(V) Any and all claims and liabilities, including costs and attorneys' fees, relating in any way to the performance of any fire and wildfire preparedness, response, suppression, coordination, or management duties that were performed by the board or its employees on or before June 30, 2012, are transferred to and assumed by the state exclusively through the division, and such claims or liabilities, if any, are the sole responsibility of the state by and through the department of public safety, and no other public entity or agency, including the board and its employees, shall be responsible or liable for any such claims, liabilities, or damages.
(5) (a) There is created in the division the health facility construction and inspection section to implement section 24-33.5-1212.5 and to administer and enforce the codes in accordance with sections 24-33.5-1212.5 and 24-33.5-1213. The health facility construction and inspection section is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division and the executive director.
(b) On and after July 1, 2013, all positions of employment in the department of public health and environment for which principal duties are concerned with life safety inspection and that are determined by the director to be necessary to carry out the purposes of the health facility construction and inspection section are transferred to the division and are employment positions therein. The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers specified in this part 12. The executive director may delegate appointing authority as appropriate.
(c) On and after July 1, 2013, all employees of the department of public health and environment carrying out the duties principally relating to life safety code compliance are employees of the health facility construction and inspection section in the division. The employees retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services are deemed to have been continuous.
(d) On July 1, 2013, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of public health and environment used in carrying out the duties principally relating to life safety code compliance are transferred to the health facility construction and inspection section in the division and become the property of that section.
(e) On December 10, 2012, the division and the governor received approval from the secretary of the United States department of health and human services, pursuant to section F3 of the revised agreement, dated October 1, 1985, entered into between the secretary and the state of Colorado pursuant to section 1864 of the federal Social Security Act, 42 U.S.C. sec. 1395aa, dated October 1, 1985, and pursuant to section 4006A of the related state operation manual, for the division of fire prevention and control in the department of public safety to fulfill the duties under that law associated with the assessment of compliance with the federal fire safety code requirements for health facilities, and a modification to waivers for residential medicaid provider types to allow the division to conduct construction plans and inspections.
(f) The general assembly hereby finds, determines, and declares that, in discharging its duties under this article, as they pertain to health facility buildings and structures, the health facility construction and inspection section is encouraged to cooperate with local authorities, especially in regard to plan reviews and whether such plans comport with local requirements.
Source: L. 83: Entire article added, p. 958, § 1, effective July 1, 1984. L. 89: (2) amended, p. 1033, § 2, effective July 1. L. 2002: (1) amended, p. 1205, § 3, effective June 3. L. 2009: (2) amended and (3) added, (HB 09-1151), ch. 230, p. 1053, § 3, effective January 1, 2010. L. 2011: (2) amended, (SB 11-251), ch. 240, p. 1045, § 6, effective June 30. L. 2012: (5)(e) added, (HB 12-1268), ch. 234, p. 1026, § 5, effective May 29; (1) and (3)(b) amended, (3)(c) and (3)(d) repealed, and (4) added (HB 12-1283), ch. 240, p. 1104, § 11, effective July 1; (5)(a), (5)(b), (5)(c), (5)(d), and (5)(f) added, (HB 12-1268), ch. 234, p. 1026, § 5, effective July 1, 2013. L. 2013: (5)(e) amended, (HB 13-1155), ch. 24, p. 57, § 1, effective March 14; (1)(a) amended, (SB 13-083), ch. 249, p. 1300, § 3, effective May 23. L. 2021: (4)(a)(II) amended, (SB 21-012), ch. 29, p. 122, § 2, effective April 15. L. 2022: (2), (3)(a), (4)(a)(II), and (5)(a) amended, (SB 22-162), ch. 469, p. 3428, § 214, effective August 10. L. 2024: (1)(c)(II)(B) repealed, (HB 24-1450), ch. 490, p. 3417, § 49, effective August 7.
Cross references: (1) For the legislative declaration in the 2012 act amending subsections (1) and (3)(b), repealing subsections (3)(c) and (3)(d), and adding subsection (4), see section 1 of chapter 240, Session Laws of Colorado 2012.
(2) In 2013, subsection (1)(a) was amended by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-1202. Definitions. As used in this part 12, unless the context otherwise requires:
(1) Administrator means the state fire suppression administrator, who is the director of the division of fire prevention and control under the department of public safety, or the director's designee.
(1.2) Advisory board means the fire service training and certification advisory board created in section 24-33.5-1204.
(1.4) Agent means a person licensed by the department of revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
(1.7) ASTM international means the American society for testing and materials or its successor organization.
(2) Certification means the issuance to a firefighter, by the advisory board, of a signed instrument evidencing satisfactory completion by such firefighter of the requirements of the fire service education and training program.
(2.3) Certified burner means an individual who either successfully completes the division's certified burner training and certification program or meets the requirements for reciprocity described in section 24-33.5-1217 (2.5) and who possesses a valid certification number.
(2.5) Certified fire inspector means a person with fire safety plan review or inspection responsibilities who is employed by or volunteers services to the state or a governing body as a fire inspector and who is certified by the division to conduct fire safety plan reviews and inspections pursuant to section 24-33.5-1211.
(3) Certified fire suppression systems inspector means a person certified as provided in section 24-33.5-1206.4.
(3.1) Repealed.
(3.2) Cigarette means any roll for smoking, whether made wholly or partly of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
(3.3) Controlled agricultural burn means a technique used in farming or livestock production on a parcel of land that meets the definition of agricultural land, as that term is defined in section 39-1-102 (1.6)(a), C.R.S., to clear the land of any existing native vegetation or crop residue or kill weeds and weed seeds.
(3.4) Controlled ditch burn means a technique using fire to clear and remove vegetation, debris, or other material from ditches, canals, and other water transportation structures, including banks and access roads.
(3.5) Cross-connection control device means an installation, device, or assembly located between the water supply and fire suppression piping to prevent the undesirable reversal in the flow of water from a real or potential source of contamination back to the potable water supply. A cross-connection control device is also referred to as a back flow preventer.
(3.6) Director means the director of the division.
(3.7) Division means the division of fire prevention and control in the department of public safety created in this article.
(3.8) Emergency fire fund means the emergency fire fund created in section 24-33.5-1220 that was first established in 1967 with voluntary contributions from counties and the Denver water board; administered by a nine-person committee composed of county commissioners, sheriffs, fire chiefs, and the director; and used for the purpose of paying costs incurred as a result of controlling a wildfire by any of the parties contributing moneys to the fund, in accordance with the intergovernmental agreement for participation in the emergency fire fund.
(3.9) Fire department means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection. Fire department also includes volunteer fire departments organized under section 24-33.5-1208.5.
(4) Firefighter means any person, whether paid or a volunteer, who is actively participating in or employed by a public or private fire service unit in this state.
(5) Fire suppression contractor means any individual, firm, corporation, association, or organized group of persons, that, individually or through others, offers to undertake, represents itself as being able to undertake, or does undertake to sell, layout, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections of any fire suppression system.
(6) Fire suppression system means an assembly of any or all of the following: Piping valves, conduits, dispersal openings, sprinkler heads, orifices, and other similar devices that convey extinguishing agents for the purpose of controlling, confining, or extinguishing fire, with the exception of multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply, pre-engineered range hoods, duct systems, and portable fire extinguishers.
(6.5) and (7) Repealed.
(7.5) Governing body means:
(a) The city council, town council, board of trustees, or other governing body of a city, town, or city and county;
(b) The board of directors of a fire protection district organized pursuant to part 1 of article 1 of title 32, C.R.S.;
(c) The governing body of an improvement district that provides fire protection services organized pursuant to part 5 of article 20 of title 30, C.R.S.; or
(d) The board of county commissioners with respect to the area within a county outside the corporate limits of a city or town and outside the boundaries of a fire protection district.
(7.6) Hazardous materials responder means any person, whether such person is paid or a volunteer, actively participating in or employed by a public or private agency whose duties include response to hazardous materials incidents in this state.
(7.7) Health facility means a general hospital, hospital unit as defined in section 25-3-101 (2), psychiatric hospital, community clinic, rehabilitation center, convalescent center, behavioral health entity as defined in section 27-50-101 (4), facility for persons with developmental disabilities, habilitation center for children with brain damage, chiropractic center and hospital, maternity hospital, nursing care facility, rehabilitative nursing facility, hospice care facility, dialysis treatment clinic, ambulatory surgical center, birthing center, home care agency, assisted living residence, or other facility of a like nature; except that health facility does not include a facility at which health services are not provided to individuals.
(7.9) Manufacturer means any one or more of the following:
(a) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured with the intent that such cigarettes be sold in Colorado, regardless of where the cigarettes are manufactured or produced and regardless of whether they are imported from outside the United States;
(b) The first purchaser anywhere that intends to resell, in the United States, cigarettes manufactured anywhere that the original manufacturer or producer does not intend to be sold in the United States; or
(c) An entity that becomes a successor to an entity described in paragraph (a) or (b) of this subsection (7.9).
(8) Masticated fuels means fuels, such as brush, small-diameter trees, and slash, that have been ground or chewed into small pieces of woody material through a mechanical wildland fuels treatment process, and generally left to carpet the ground.
(8.2) Post-9/11 era veteran means a veteran who served on active duty during the military campaign period that started after the September 11, 2001, terrorist attacks on the United States, and continuing until the date of the end of hostilities as determined by the government of the United States, and who has received an honorable discharge, a general discharge under honorable conditions, or a general discharge.
(8.3) Prescribed burning means the application of fire, in accordance with a written prescription for vegetative fuels, under specified environmental conditions while following appropriate precautionary measures that ensure public safety and that is confined to a predetermined area to accomplish public safety or land management objectives. The term excludes controlled agricultural burns and controlled ditch burns.
(8.4) Principal means an individual having a position of responsibility in any entity acting as a fire suppression contractor, including any manager, director, officer, partner, owner, or shareholder owning ten percent or more of the stocks of any such entity.
(8.5) Qualified volunteer firefighter means a volunteer firefighter as defined in section 31-30-1102 (9), C.R.S., in active service and maintaining the minimum amount of training in a fire department of thirty-six hours each year.
(9) Quality control and quality assurance program means a set of laboratory procedures implemented to ensure that:
(a) Operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of cigarette testing; and
(b) The testing repeatability remains within the required repeatability values stated in section 24-33.5-1214 (2)(a)(II)(F) for all test trials used to certify cigarettes in accordance with section 24-33.5-1214 (3).
(10) Repeatability, with respect to a cigarette test trial, refers to the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.
(10.5) Rescuer means any person seeking certification under this part 12, whether such person is paid or a volunteer, actively participating in or employed by a public or private agency whose duties include response incidents in this state relating to nationally recognized fire service standards.
(10.7) Residential fire suppression contractor means a fire suppression contractor that, individually or through others, offers to undertake, represents itself as being able to undertake, or does undertake to sell, lay out, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections of a residential fire suppression system.
(10.8) Residential fire suppression system means a fire suppression system designed for or installed in a one- or two-family dwelling or townhouse that is not regulated by the Colorado board of plumbers.
(11) Retail dealer means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(12) Sale means any transfer of title, possession, or both, or exchange or barter, conditional or otherwise, in any manner or by any means or any agreement. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.
(12.5) Seasonal wildland firefighter means a temporary employee of a governing body or a state agency, or a volunteer member of a nongovernmental volunteer fire department, who is trained and qualified as a wildland firefighter and whose duties include responding to wildland fire emergency incidents and assisting in wildland fire suppression.
(13) Sell means to sell or to offer or agree to sell.
(13.3) Sprinkler fitter means a person other than an apprentice who is registered with the administrator and who installs fire suppression systems. Sprinkler fitter does not include a person who performs maintenance and repair on fire suppression systems as a part of his or her employment. A sprinkler fitter does not include a person who performs work exclusively on cross-connection control devices or a person who performs work exclusively on an underground system. Sprinkler fitter does not include a person performing work on his or her own home.
(13.7) Sprinkler fitter apprenticeship program means an apprenticeship training program that is registered with either the office of apprenticeship in the employment and training administration in the United States department of labor or a state apprenticeship agency in accordance with the requirements of 29 CFR 29.1 et seq., or other similar apprentice program approved by the administrator, and consists of a minimum of eight thousand hours of documented practical work experience on fire suppression systems, combined with a minimum of seven hundred hours of related instruction, including classroom or shop instruction, in the sprinkler fitter trade.
(13.9) Underground system means the system of below-ground piping, valves, appliances, and appurtenances that physically connect the water supply to a fire suppression system.
(14) UPC symbol means the symbol signifying the universal product code.
(14.3) Veterans' fire corps program means a program that is organized by a conservation corps or youth corps accredited by the Colorado youth corps association and that provides training and on-the-job experience for post-9/11 era veterans interested in entering into careers and gaining experience in natural resource management and wildland fire control.
(14.5) Volunteer fire department means a nongovernmental unit organized in accordance with section 24-33.5-1208.5 as a nonprofit organization with a primary purpose of firefighting, fire protection, or other emergency services to a defined service area that is recognized by the appropriate governmental entity with jurisdiction for the area the unit services.
(15) Wholesale dealer means:
(a) Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and
(b) Any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
Source: L. 83: Entire article added, p. 958, § 1, effective July 1, 1984. L. 85: (3) added, p. 829, § 1, effective July 1. L. 90: Entire section R&RE, p. 1211, § 1, effective May 18. L. 2006: (2.5), (3.5), and (7.5) added, p. 1362, § 5, effective July 1. L. 2008: (1.4), (1.7), (3.3), (7.7), (9), (10), (11), (12), (13), (14), and (15) added, p. 1484, § 1, effective January 1, 2009. L. 2009: (8.5) added, (SB 09-021), ch. 414, p. 2289, § 3, effective August 5. L. 2010: (3.4), (13.3), (13.7), and (13.9) added and (6) amended, (HB 10-1241), ch. 354, p. 1644, § 3, effective July 1, 2011. L. 2011: (6.5), (7.6), and (10.5) added, (SB 11-251), ch. 240, p. 1045, § 7, effective June 30. L. 2012: (1) and (3.5) amended and (1.2) and (3.7) added, (HB 12-1283), ch. 240, p. 1106, § 12, effective July 1; (7.7) amended and (7.9) added, (HB 12-1268), ch. 234, p. 1027, § 6, effective July 1, 2013. L. 2013: (3.1), (3.2), (3.6), (3.8), (3.9), (8.3), and (8.4) added and (3.3), (3.4), (3.5), (3.7), and (8) amended, (SB 13-083), ch. 249, p. 1301, § 4, effective May 23. L. 2014: (12.5) added, (SB14-047), ch. 41, p. 207, § 2, effective March 20; (2.3) added and (3.1) repealed, (HB 14-1010), ch. 175, p. 642, § 1, effective May 12; (10.7) and (10.8) added, (HB 14-1221), ch. 205, p. 753, § 3, effective May 15. L. 2015: (3.9) amended and (14.5) added, (HB 15-1017), ch. 3, p. 7, § 2, effective March 11; (8.2) and (14.3) added, (SB 15-205), ch. 184, p. 602, § 3, effective May 12. L. 2016: (6.5) and (7) repealed, (HB 16-1034), ch. 324, p. 1315, § 4, effective August 10. L. 2020: (13.7) amended, (HB 20-1402), ch. 216, p. 1051, § 46, effective June 30. L. 2022: (7.7) amended, (HB 22-1278), ch. 222, p. 1506, § 51, effective July 1. L. 2025: (2.3) amended, (SB 25-007), ch. 281, p. 1457, § 2, effective May 29.
Cross references: (1) For the legislative declaration in the 2010 act adding subsections (3.4), (13.3), (13.7), and (13.9) and amending subsection (6), see section 1 of chapter 354, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsections (1) and (3.5) and adding subsections (1.2) and (3.7), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 14-047, see section 1 of chapter 41, Session Laws of Colorado 2014.
(2) (a) In 2013, subsections (3.1), (3.2), (3.6), (3.8), (3.9), (8.3), and (8.4) were added and subsections (3.3), (3.4), (3.5), (3.7), and (8) were amended by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
(b) For the short title (Veterans Fire Corps Act) and the legislative declaration in SB 15-205, see sections 1 and 2 of chapter 184, Session Laws of Colorado 2015.
24-33.5-1203. Duties of division. (1) The division shall perform the following duties:
(a) Assist units of local government charged with fire prevention, fire protection, fire investigation, and emergency medical services in coordinating their activities with state departments and agencies which have similar responsibilities;
(a.5) Assist units of local government charged with the construction, maintenance, and inspection of public school and local district college buildings in coordinating their activities with state departments and agencies that have similar responsibilities;
(b) Advise the governor and the general assembly regarding the problems of fire safety;
(b.5) Advise the governor and the general assembly regarding implementation of the public school construction and inspection program and the health facility construction and inspection program;
(c) Regarding problems of fire safety which are common to local, state, and federal governmental units, including but not limited to hazardous waste, protective equipment for firefighters, flammable and toxic characteristics of materials during combustion, fire incident reporting, emergency medical incident reporting, and investigation of fires, be available to assist in the solution of those problems, serve as an information clearinghouse, and collect and disseminate to local governments, the general assembly, and the general public statistical and research reports which are of interest to them;
(d) Refer local fire departments to appropriate state and federal agencies for advice, assistance, and services regarding their specific problems;
(e) Perform such research as is necessary to carry out the functions of the division;
(f) Encourage and, when so requested, assist in cooperative efforts among the officials of various local fire departments to solve common problems;
(g) Encourage the conduct of and participate in training institutes, conferences, and programs for local government officials and employees in the area of fire services;
(h) Upon the request of local government officials, provide technical assistance in defining and developing solutions to local fire safety problems including, but not limited to, fireworks statutes; electrical hazards; public education programs; regulations concerning explosives; inspection of facilities when the performance of the inspections is the statutory duty of another state agency; hazardous materials storage, handling, and transportation; and volatile, flammable, and carcinogenic materials;
(i) Coordinate fire service education and training programs, hazardous materials responder training programs, and firefighter and hazardous materials responder certification programs, which shall be available statewide;
(j) Administer the certification programs for firefighters and hazardous materials responders, providing office space, equipment, and the services of a clerical staff as necessary for the carrying out of the intent of this part 12;
(k) Train and instruct firefighters in subjects relating to the fire service; coordinate fire service-related education and training classes, programs, conferences, and seminars; and train and instruct, or coordinate the training of, hazardous materials responders; except that all training related to terrorism shall be coordinated with the division of homeland security and emergency management created in part 16 of this article;
(l) Receive and accept gifts, funds, grants, bequests, and services for use in the function of the division;
(m) To help ensure that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, increase upgrades on federal excess property fire engines on loan to local fire departments; increase technical assistance in wildland fire preparedness to counties and fire protection districts; and, in conjunction with the wildfire preparedness plan created pursuant to section 24-33.5-1227, ensure that state fire-fighting equipment such as fire engines and air tankers is fully operational and available to and coordinated with the equipment capacities of local fire departments and fire protection districts, and that personnel are fully trained in its use;
(n) Administer a uniform statewide reporting system for fires, hazardous materials incidents, emergency medical service incidents, and other incidents to which fire departments respond;
(o) Repealed.
(p) [Editor's note: This version of subsection (1)(p) is effective until January 1, 2026.] Conduct construction plan reviews and inspect public school and local district college buildings and structures and enforce the codes adopted in accordance with sections 22-32-124 (2) and 23-71-122 (1)(v), C.R.S., and sections 24-33.5-1213 and 24-33.5-1213.3;
(p) [Editor's note: This version of subsection (1)(p) is effective January 1, 2026.] Conduct construction plan reviews and inspect public school and local district college buildings and structures and enforce the codes adopted in accordance with sections 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1213, and 24-33.5-1213.3. The division shall ensure that when the codes adopted in accordance with sections 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1213, and 24-33.5-1213.3 are substantially amended, the codes meet or exceed the accessibility standards adopted by one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization.
(p.5) [Editor's note: This version of subsection (1)(p.5) is effective until January 1, 2026.] When there is no local building department or fire department, or for facilities certified or potentially eligible for certification by the federal centers for medicare and medicaid services, conduct construction plan reviews and inspections of health facility buildings and structures, enforce the codes in accordance with sections 24-33.5-1212.5 and 24-33.5-1213, and issue certificates of compliance for such buildings and structures;
(p.5) [Editor's note: This version of subsection (1)(p.5) is effective January 1, 2026.] When there is no local building department or fire department, or for facilities certified or potentially eligible for certification by the federal centers for medicare and medicaid services, conduct construction plan reviews and inspections of health facility buildings and structures, enforce the codes in accordance with sections 24-33.5-1212.5 and 24-33.5-1213, and issue certificates of compliance for such buildings and structures. The division shall ensure that when the codes adopted in accordance with sections 24-33.5-1212.5 and 24-33.5-1213 are substantially amended, the codes meet or exceed the accessibility standards adopted by one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization.
(q) Provide training in accordance with section 24-33.5-1212 to directors of certain fire protection districts created pursuant to part 1 of article 1 of title 32, C.R.S.;
(r) Certify building inspectors to conduct building inspections for public school and local district college buildings;
(s) Pursuant to section 24-33.5-1213.4, assist school districts and schools in implementing the school response framework set forth in section 22-32-109.1 (4), C.R.S., advise school districts and schools concerning all-hazard exercises and drills for school buildings and the interoperability of school communications systems with state and local emergency personnel, and, in collaboration with the office of information technology created in section 24-37.5-103, the school safety resource center created in section 24-33.5-1803, and other government entities and community partners, provide information to school districts and schools concerning emergency preparedness;
(t) Implement a prescribed burning program, including conducting prescribed burning on any area in the state pursuant to section 24-33.5-1217. The division shall conduct such prescribed burning program in cooperation with local, state, or federal agencies, private persons, or concerns.
(u) Establish and maintain the Colorado firefighting air corps established under section 24-33.5-1228;
(v) Administer the funding and payment of death benefits for seasonal wildland firefighters in accordance with section 24-33.5-1229;
(w) Establish and operate the wildfire information and resource center created in section 24-33.5-1230;
(x) Establish and maintain a statewide fire dispatch center to ensure rapid response of fire-based resources to emerging wildfire and all-hazard incidents in support of local, county, state, and federal agencies in Colorado;
(y) (I) (A) On or before January 1, 2025, the division shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to the buildings described in sections 22-32-124 (2), 23-71-122 (1)(v), and 24-33.5-1212.5.
(B) On or before January 1, 2030, the division shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to the buildings described in sections 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, 24-33.5-1213.3, and 24-33.5-1213.5.
(II) Notwithstanding any other provision of this subsection (1)(y), the division may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(III) Nothing in this subsection (1)(y) restricts the ability of an investor-owned utility with approval from the public utilities commission to:
(A) Provide incentives or other energy efficiency program services to help the division or builders comply with the requirements of this subsection (1)(y); or
(B) Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emissions savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (1)(y).
(IV) A utility not subject to regulation by the public utilities commission may provide incentives as they so choose to assist the division or any builders in complying with the requirements of this subsection (1)(y).
(V) (A) A utility may count mass-based emissions reductions associated with the requirements of this subsection (1)(y) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(B) A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(z) [Editor's note: Subsection (1)(z) is effective January 1, 2026.] Adopt minimum codes and standards for fire safety and prevention related to the operation of mobile food establishments, as defined in section 29-11.6-102 (6), for use by a local government in the local government's establishment or adoption of a fire code.
(2) The duties and functions of the division set forth in this part 12, including duties and functions pertaining to fire service education, training, and certification, apply to prescribed fires, wildfires, and wildland fire-related activities.
Source: L. 83: Entire article added, p. 958, § 1, effective July 1, 1984. L. 93: (1)(i) to (1)(l) added, p. 556, § 1, effective April 30. L. 99: (1)(i) and (1)(k) amended, p. 436, § 4, effective April 30. L. 2002: (1)(k) amended and (1)(m), (1)(n), and (1)(o) added, p. 1205, § 4, effective June 3. L. 2006: (1)(p) added, p. 1363, § 6, effective July 1. L. 2008: (1)(p) amended, p. 1093, § 3, effective August 5; (1)(q) added, p. 1503, § 1, effective August 5. L. 2009: (1)(a.5), (1)(b.5), and (1)(r) added and (1)(p) amended, (HB 09-1151), ch. 230, p. 1054, § 4, effective January 1, 2010. L. 2011: (1)(s) added, (SB 11-173), ch. 310, p. 1516, § 4, effective June 10; (1)(i) and (1)(j) amended, (SB 11-251), ch. 240, p. 1045, § 8, effective June 30. L. 2012: (1)(h) amended, (HB 12-1059), ch. 271, p. 1436, § 16, effective July 1; (1)(k) and (1)(m) amended, (1)(o) repealed, and (2) added, (HB12-1283), ch. 240, p. 1107, § 13, effective July 1; (1)(b.5) amended and (1)(p.5) added, (HB 12-1268), ch. 234, p. 1028, § 7, effective July 1, 2013. L. 2013: (1)(m) amended, (SB 13-270), ch. 250, p. 1317, § 8, effective May 23; (1)(t) added, (SB 13-083), ch. 249, p. 1302, § 5, effective May 23; (1)(u) added, (SB 13-245), ch. 412, p. 2446, § 1, effective June 5. L. 2014: (1)(v) added, (SB 14-047), ch. 41, p. 207, § 3, effective March 20; (1)(w) added, (SB 14-008), ch. 178, p. 651, § 1, effective May 14. L. 2016: (1)(h), (1)(i), (1)(j), and (1)(k) amended, (HB 16-1034), ch. 324, p. 1315, § 5, effective August 10. L. 2019: (1)(p.5) amended, (HB 19-1237), ch. 413, p. 3638, § 6, effective July 1, 2021. L. 2022: (1)(x) added, (SB 22-206), ch. 173, p. 1157, § 7, effective May 17; (1)(y) added, (HB 22-1362), ch. 301, p. 2182, § 6, effective June 2. L. 2025: (1)(p) and (1)(p.5) amended, (HB 25-1030), ch. 8, p. 19, § 4, effective January 1, 2026; (1)(z) added, (HB 25-1295), ch. 214, p. 973, § 4, effective January 1, 2026.
Editor's note: (1) Section 15 of chapter 234, Session Laws of Colorado 2012, provides that the amendments to subsection (1)(b.5) and the enactment of subsection (1)(p.5) are effective July 1, 2013, only if the division of fire prevention and control in the department of public safety notifies the revisor of statutes in writing, by June 30, 2013, that the secretary of the United States department of health and human services has granted approval of the revised agreement entered into between said secretary and the state of Colorado. (See L. 2012, p. 1033 and L. 2013, p. 57.) The revisor of statutes received such notification on May 29, 2013.
(2) Section 4(2) of chapter 214 (HB 25-1295), Session Laws of Colorado 2025, provides that the act changing this section applies to food labeled or packaged on or after January 1, 2026.
Cross references: (1) For the legislative declaration in the 2011 act adding subsection (1)(s), see section 1 of chapter 310, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsections (1)(k) and (1)(m), repealing subsection (1)(o), and adding subsection (2), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 14-047, see section 1 of chapter 41, Session Laws of Colorado 2014. For the legislative declaration in SB 22-206, see section 1 of chapter 173, Session Laws of Colorado 2022. For the legislative declaration in HB 25-1030, see section 1 of chapter 8, Session Laws of Colorado 2025.
(2) In 2013, subsection (1)(t) was added by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1203.5. Powers and duties of director - report. (1) In addition to any other duties prescribed by law, the director of the division shall perform the following duties:
(a) Exercise general supervisory control over and coordinate the activities, functions, and employees of the division; and
(b) Adopt such rules as the director of the division deems necessary to carry out the purposes and provisions of this part 12 and amend such rules from time to time as necessary. Such rules and amendments shall be adopted in accordance with article 4 of this title.
(2) In order to carry out the purposes and provisions of this part 12 and part 14 of article 20 of title 30, the director of the division shall promulgate rules in accordance with article 4 of this title 24:
(a) Adopting codes, which shall be identical to or modeled on the international codes published by the international code council; and
(b) Adopting nationally recognized standards that the director reasonably finds necessary to carry out the purposes and provisions of this part 12, sections 24-33.5-2008 and 44-30-515, and part 14 of article 20 of title 30.
(3) Commencing in 2014, the director shall report annually to the wildfire matters review committee created in section 2-3-1602 regarding the current nature and magnitude of the state's wildfire situation; the number of wildland fire investigations the division conducted in the preceding calendar year and the status of each investigation; the status of wildfire preparedness and prescribed burns in the state, including available resources; and the challenges to addressing the state's wildfire threat. The report required by this subsection (3) is exempt from the automatic expiration described in section 24-1-136 (11).
Source: L. 2006: Entire section added, p. 1363, § 7, effective July 1. L. 2009: (2) amended, (HB 09-1151), ch. 230, p. 1055, § 5, effective January 1, 2010. L. 2010: IP(2) and (2)(b) amended, (HB 10-1018), ch. 421, p. 2180, § 12, effective June 10. L. 2011: (1)(b) and (2)(b) amended, (SB 11-251), ch. 240, p. 1046, § 9, effective June 30. L. 2014: (3) added, (SB 14-164), ch. 176, p. 645, § 1, effective May 12; IP(2) and (2)(b) amended, (HB 14-1352), ch. 351, p. 1593, § 3, effective July 1. L. 2017: IP(2) and (2)(b) amended, (SB 17-222), ch. 245, p. 1027, § 3, effective August 9. L. 2018: (2)(b) amended, (SB 18-034), ch. 14, p. 245, § 31, effective October 1. L. 2023: (3) amended, (SB 23-013), ch. 173, p. 851, § 1, effective May 12.
24-33.5-1204. Voluntary education and training program - voluntary certification of firefighters and hazardous materials responders - advisory board. (1) For the purposes of advising the director on the administration of the voluntary fire service education and training program within the division of fire prevention and control, the local firefighter safety and disease prevention grant program created in section 24-33.5-1231, and the voluntary firefighter and hazardous materials responder certification programs, there is hereby created in the division of fire prevention and control the fire service training and certification advisory board to serve as an advisory board to the director.
(2) (a) The advisory board consists of fourteen members, eleven of whom are voting members appointed by the governor as follows:
(I) Four of the eleven members appointed by the governor shall represent each of the following organizations:
(A) Colorado state fire fighters association;
(B) Colorado state fire chiefs association;
(C) Colorado fire training officers association; and
(D) Colorado professional fire fighters association;
(II) The other seven members appointed by the governor are:
(A) A fire chief or training officer from a volunteer fire department participating in the certification program;
(B) A fire chief or training officer from a career fire department participating in the certification program;
(C) A representative of the property and casualty insurance industry;
(D) A hazardous materials responder team leader;
(E) A person experienced in the transportation industry;
(F) A representative of local law enforcement; and
(G) A representative of a fixed facility dealing with hazardous materials.
(b) The remaining three ex officio nonvoting members are the following persons or their designees:
(I) The president of the Colorado community college and occupational education system;
(II) The chief of the emergency medical and trauma services section within the health facilities and emergency medical services division in the department of public health and environment; and
(III) The chief of the state patrol.
(c) The eleven advisory board members appointed by the governor shall be geographically apportioned, and at least one of those members must have wildland fire expertise.
(d) At least three members of the advisory board shall be from a community or communities with a resident population of fifteen thousand persons or less.
(e) Members appointed by the governor serve for terms of four years; except that the terms shall be staggered so that no more than six members' terms expire in the same year. If any appointee vacates the office during the term for which the appointee was appointed to the advisory board, the governor shall, by appointment, fill the vacancy for the unexpired term. The advisory board shall annually elect from its members a chair and a secretary.
(3) The advisory board shall meet as determined necessary by the chairperson or the director. The members of the advisory board shall receive no compensation but shall be reimbursed for necessary travel and other expenses actually incurred in the performance of their official duties. The expenses shall be paid from the firefighter, hazardous materials responder, and prescribed fire training and certification fund created in section 24-33.5-1207.
Source: L. 83: Entire article added, p. 959, § 1, effective July 1, 1984. L. 84: (1) amended, p. 685, § 2, effective July 1. L. 85: Entire section amended, p. 829, § 2, effective July 1. L. 87: Entire section amended, p. 1004, § 1, effective July 1. L. 93: Entire section RC&RE, p. 557, § 2, effective April 30. L. 99: Entire section amended, p. 330, § 1, effective April 15. L. 2009: (2)(c) amended, (SB 09-109), ch. 144, p. 608, § 1, effective July 1. L. 2011: Entire section amended, (SB 11-251), ch. 240, p. 1046, § 10, effective June 30. L. 2012: (1) and (2) amended, (HB 12-1283), ch. 240, p. 1108, § 14, effective July 1. L. 2013: (3) amended, (SB 13-083), ch. 249, p. 1309, § 11, effective May 23. L. 2014: (1) amended, (SB 14-046), ch. 210, p. 786, § 3, effective May 15. L. 2016: (1) and (3) amended, (HB 16-1034), ch. 324, p. 1316, § 6, effective August 10. L. 2022: (2)(e) amended, (SB 22-013), ch. 2, p. 49, § 62, effective February 25. L. 2025: (1) amended, (SB 25-300), ch. 428, p. 2450, § 34, effective August 6.
Editor's note: Prior to the recreation and reenactment of this section, section 24-33.5-1209 provided for the repeal of this section, effective July 1, 1992. (See L. 87, p. 1006.)
Cross references: (1) For the legislative declaration in the 2012 act amending subsections (1) and (2), see section 1 of chapter 240, Session Laws of Colorado 2012.
(2) In 2013, subsection (3) was amended by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1204.5. Powers and duties of administrator - rules. (1) In addition to any other duties and powers granted by this section or sections 24-33.5-1206.2 and 24-33.5-1206.4, the administrator has the following duties and powers:
(a) To establish a program for registration of fire suppression contractors and to adopt such rules and regulations as may be necessary to administer the fire suppression program for the registration of fire suppression contractors and the inspection and maintenance of fire suppression systems pursuant to article 4 of this title;
(b) To establish fees and charges in amounts necessary to defray the anticipated costs of administration of this article. The fees and charges may be adjusted by the administrator from time to time as necessary or appropriate.
(c) In the discretion of the administrator, to receive, investigate, and act upon complaints against those persons who violate any of the provisions of section 24-33.5-1206.6 or any rule or regulation adopted by the administrator pursuant to this section;
(d) (I) To maintain records of all applications, complaints, investigations, disciplinary or other actions, and registrants.
(II) The administrator shall keep records of all fire suppression system working plans and hydraulic calculations, searchable by both the applicable fire suppression contractor and the signing professional engineer or engineering technician, for projects that the administrator or any certified local fire suppression inspector, as applicable, identifies as containing significant or repeated design or installation deficiencies pursuant to section 24-33.5-1206.2 (2)(b).
(e) To conduct hearings upon charges for discipline of a fire suppression contractor or a certified fire suppression systems inspector, issue subpoenas, compel attendance of witnesses, compel the production of books, records, papers, and documents, administer oaths to persons giving testimony at hearings, and recommend prosecution of persons violating this article;
(f) To establish and adopt such rules as may be necessary to administer the public school construction and inspection program for the inspection of public school and local district college buildings and a program for certification of public school and local district college building inspectors;
(f.5) To establish and adopt rules necessary to administer the health facility construction and inspection program for:
(I) Where there is no local building department or fire department, the inspection of health facility buildings and structures and performance of plan reviews; and
(II) The development of a program for certification of health facility life safety inspectors;
(g) To conduct hearings upon charges for discipline of a school building inspector, health facility life safety code inspector, or third-party inspector; issue subpoenas; compel attendance of witnesses; compel the production of books, records, papers, and documents; administer oaths to persons giving testimony at hearings; and recommend prosecution of persons violating this part 12.
(2) (a) The administrator shall implement a tracking system, separate from the individual records of fire suppression contractors and inspectors, regarding the disposition of complaints.
(b) The administrator shall provide an online complaint form and internet access to the tracking system implemented pursuant to paragraph (a) of this subsection (2).
(3) Notwithstanding any authority granted to the administrator by this section and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the administrator does not have jurisdiction over and the rules of the administrator do not apply to activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).
Source: L. 90: Entire section added, p. 1212, § 2, effective May 18. L. 98: (1)(a) amended, p. 639, § 1, effective July 1. L. 2005: (1)(d) amended and (2) added, p. 247, § 4, effective July 1. L. 2009: (1)(b)(II)(C), (1)(b)(II)(D), (1)(b)(II)(E), and (1)(b)(III) amended and (1)(f) and (1)(g) added, (HB 09-1151), ch. 230, p. 1055, §§ 6, 7, effective January 1, 2010. L. 2011: (1)(b) amended, (SB 11-251), ch. 240, p. 1047, § 11, effective June 30. L. 2012: (1)(f.5) added and (1)(g) amended, (HB 12-1268), ch. 234, p. 1029, § 8, effective July 1, 2013. L. 2014: (1)(d) amended, (HB 14-1221), ch. 205, p. 753, § 4, effective May 15. L. 2025: (3) added, (SB 25-002), ch. 172, p. 714, § 4, effective May 8.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-33.5-1205. Duties of the director and the advisory board. (1) The director has the following duties relating to the voluntary firefighter and hazardous materials responder certification programs and the fire service education and training program:
(a) To establish a fire service education and training program, setting forth minimum standards for training and instructors;
(b) To promulgate rules establishing standards for the firefighter and hazardous materials responder certification programs and for determining whether a firefighter or an applicant for first responder or hazardous materials responder certification meets the established standards;
(c) (Deleted by amendment, L. 99, p. 332, § 2, effective April 15, 1999.)
(d) To certify firefighters and applicants for hazardous materials responder certification or withhold or revoke certification in the manner provided for by rules adopted by the director pursuant to the provisions of article 4 of this title;
(e) To issue a certificate to any firefighter or rescuer who presents evidence that the minimum firefighter certification standards have been met and to issue a certificate to any applicant who presents evidence that the minimum standards of the hazardous materials responder certification program have been met;
(f) (Deleted by amendment, L. 99, p. 332, § 2, effective April 15, 1999.)
(g) To establish fees for the actual direct and indirect costs of the administration of the firefighter and hazardous materials responder certification programs, which fees shall be assessed against any person participating in such programs. All fees collected shall be credited to the firefighter, first responder, hazardous materials responder, and prescribed fire training and certification fund created in section 24-33.5-1207.
(h) To establish fees for the actual direct and indirect costs of the administration of the fire service education and training program, which fees shall be assessed against any person participating in such program. All fees collected shall be credited to the fire service education and training fund created in section 24-33.5-1207.5.
(2) The advisory board has the following duties relating to the voluntary firefighter and hazardous materials responder certification programs and the fire service education and training program:
(a) To advise the director on the promulgation of rules enacting standards for the certification of firefighters and rescuers and procedures for determining whether a firefighter or rescuer meets the established standards;
(b) To advise the director on the promulgation of rules enacting standards for the certification of hazardous materials responders and procedures for determining whether an applicant meets such standards;
(c) To advise the director on the promulgation of rules enacting standards for fire service education and training for volunteer firefighters, the qualification of instructors, and procedures to ensure that the quality of the program is adequate to meet the minimum training requirements for volunteer firefighters as set forth in section 31-30-1122, C.R.S.;
(d) To advise the director on the establishment of fees for the actual direct and indirect costs of the administration of the firefighter and hazardous materials responder certification programs;
(e) To advise the director on the establishment of fees for the actual direct and indirect costs of the administration of the fire service education and training program.
(3) (Deleted by amendment, L. 99, p. 332, § 2, effective April 15, 1999.)
(4) Nothing in this section shall be construed as creating mandatory certification programs for firefighters or hazardous materials responders or creating a mandatory fire service education and training program. All fire departments in the state shall have the option of whether or not to participate in the firefighter or hazardous materials responder certification programs or the fire service education and training program.
(5) The advisory board shall advise the director on the promulgation of rules governing the local firefighter safety and disease prevention grant program created in section 24-33.5-1231.
(6) The advisory board shall review the curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section 24-31-1004 and advise the director on whether to include that curriculum or similar curriculum in the fire service education and training program.
Source: L. 83: Entire article added, p. 959, § 1, effective July 1, 1984. L. 85: IP(1) amended and (2) added, p. 830, § 3, effective July 1. L. 87: (1)(a) and (2)(a) to (2)(c) amended and (1)(f) to (1)(h) added, p. 1005, § 2, effective July 1. L. 93: Entire section RC&RE, p. 557, § 3, effective April 30. L. 95: (1)(b) amended, p. 1380, § 3, effective June 5. L. 99: Entire section amended, p. 332, § 2, effective April 15. L. 2011: Entire section amended, (SB 11-251), ch. 240, p. 1048, § 12, effective June 30. L. 2013: (1)(g) amended, (SB 13-083), ch. 249, p. 1309, § 12, effective May 23. L. 2014: (5) added, (SB 14-046), ch. 210, p. 786, § 4, effective May 15. L. 2016: IP(1), (1)(b), (1)(d), (1)(e), (1)(g), IP(2), (2)(b), (2)(d), and (4) amended, (HB 16-1034), ch. 324, p. 1316, § 7, effective August 10. L. 2021: (6) added, (HB 21-1122), ch. 405, p. 2691, § 5, effective June 30.
Editor's note: (1) Prior to the recreation and reenactment of this section, section 24-33.5-1209 provided for the repeal of this section, effective July 1, 1992. (See L. 87, p. 1006.)
(2) Section 23 of the act amending subsection (1)(b) (chapter 254, Session Laws of Colorado 1995) provides the following:
(a) This act shall not affect the terms of members of the boards of trustees created to administer volunteer firemen's pension funds under part 4 of article 30 of title 31, Colorado Revised Statutes, as in effect before June 5, 1995, in any municipality, fire protection district, or county improvement district in this state that maintains a regularly organized volunteer fire department. On and after June 5, 1995, these board members shall continue their terms and duties on the applicable boards of trustees of the volunteer firefighter pension funds under part 11 of article 30 of title 31, Colorado Revised Statutes, created in this act.
(b) This act shall not terminate or require transfers of moneys from volunteer firemen's pension funds governed by part 4 of article 30 of title 31, Colorado Revised Statutes, in effect before June 5, 1995. On and after June 5, 1995, these funds shall remain in effect and be governed by part 11 of article 30 of title 31, Colorado Revised Statutes, created in this act.
Cross references: (1) For the legislative declaration contained in the 1995 act amending subsection (1)(b), see section 1 of chapter 254, Session Laws of Colorado 1995.
(2) In 2013, subsection (1)(g) was amended by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1206. Education and training programs - certification programs - supervision and control. (1) The fire service education and training programs and the certification programs established pursuant to this part 12 shall be under the supervision and control of the director with the advice of the advisory board.
(2) The public school construction and inspection program, the health facility construction and inspection program, and the certification programs for public school and local district college building inspectors and life safety code inspectors established pursuant to this part 12 are under the supervision and control of the director with the advice of the board of appeals created in section 24-33.5-1213.7.
Source: L. 83: Entire article added, p. 960, § 1, effective July 1, 1984. L. 85: Entire section amended, p. 831, § 4, effective July 1. L. 87: Entire section amended, p. 1006, § 3, effective July 1. L. 93: Entire section RC&RE, p. 559, § 4, effective April 30. L. 2009: Entire section amended, (HB 09-1151), ch. 230, p. 1056, § 8, effective January 1, 2010. L. 2012: (2) amended, (HB 12-1268), ch. 234, p. 1029, § 9, effective July 1, 2013.
Editor's note: Prior to the recreation and reenactment of this section, section 24-33.5-1209 provided for the repeal of this section, effective July 1, 1992. (See L. 87, p. 1006.)
24-33.5-1206.1. Registration required. (1) A person shall not act, assume to act, or advertise as a fire suppression contractor unless the person is registered as a fire suppression contractor with the administrator. A person shall not act, assume to act, or advertise as a residential fire suppression contractor unless the person is registered as either a fire suppression contractor or a residential fire suppression contractor with the administrator.
(2) Any registered fire suppression contractor shall obtain any locally required licenses or permits and comply with local building and fire codes.
(3) Any registered fire suppression contractor shall be responsible for the acts of its agents and employees while acting on behalf of the contractor to sell, advertise, layout, fabricate, install, add to, alter, service, repair, or inspect fire suppression systems of any kind.
(4) Every registered fire suppression contractor shall assure that:
(a) A responsible person in the management or employment of the contractor is qualified in the layout, fabrication, installation, alteration, servicing, repair, and inspection of fire suppression systems; except that, with regard to residential fire suppression systems only, the responsible person need only be qualified in the layout, fabrication, installation, alteration, servicing, repair, and inspection of residential fire suppression systems;
(b) Each job is supervised by an on-site installer who is qualified in the layout, fabrication, installation, alteration, servicing, repair, and inspection of fire suppression systems;
(c) Any layout, fabrication, installation, alteration, servicing, repair, or inspection of fire suppression systems is done according to applicable standards adopted by the administrator by rule promulgated pursuant to section 24-33.5-1206.3 (1) and applicable local codes and ordinances;
(d) Actual fabrication, installation, alteration, servicing, or repair of any fire suppression system is done in accordance with approved plans, layout, or design;
(e) All interim and final inspections and system tests are completed according to standards adopted by the administrator or requirements laid out by local fire safety inspectors and the administrator and that any required logs, reports, or results of said inspections and system tests are accurately kept and conveyed to the appropriate fire safety inspectors.
(5) No registration shall be granted to any fire suppression contractor who has as a principal any person who, within the past two years, has violated any provision of this part 12 or any rule or regulation of the administrator pursuant thereto.
Source: L. 90: Entire section added, p. 1213, § 2, effective May 18. L. 2006: (1) amended, p. 145, § 22, effective August 7. L. 2014: (1), IP (4), (4)(a), and (4)(c) amended, (HB 14-1221), ch. 205, p. 754, § 6, effective May 15.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
24-33.5-1206.2. Job registration and plan review. (1) Except for minor alterations, modifications, repairs, or maintenance work that does not affect the integrity of the system, no installation, modification, alteration, or repair of a fire suppression system shall be started until:
(a) Any required local permits have been obtained;
(b) (I) The job, including the name and registration number of the contractor, the address and description of the premises where the job will be done, and the name and address of the general contractor or the name and address of the owner if no general contractor is involved, has been registered with the administrator.
(II) If the local fire safety agency requests job registration and plan review authority, and the administrator determines that said local fire safety agency has the capability and qualifications to conduct plan review, then the administrator shall accept job registration with local fire safety officials in satisfaction of the job registration requirement imposed by subparagraph (I) of this paragraph (b).
(c) (I) The working plans and hydraulic calculations for the job have been reviewed and approved by the administrator or a certified local fire suppression inspector in compliance with the standards established in subparagraph (II) of this paragraph (c).
(II) The administrator shall establish standards of review and approval and shall, where appropriate, accept review and approval by certified local fire suppression inspectors in satisfaction of the requirements of this paragraph (c).
(2) (a) Any working plans and hydraulic calculations submitted for review by the administrator or by a certified local fire suppression inspector pursuant to subparagraph (II) of paragraph (b) of subsection (1) of this section must bear the signature and certification number of either a licensed professional engineer or a level three or higher engineering technician (fire suppression engineering technology - automatic sprinkler design or fire suppression engineering technology - special hazards system layout), whichever is relevant to the particular job or design, certified by the national institute for the certification of engineering technologists. Such licensed professional engineer or engineering technician shall certify that he or she has reviewed the plan and design and finds that it meets the applicable standards adopted by the administrator for fire safety and that it is adequately designed to meet the system requirements.
(b) If a certified local fire suppression inspector identifies significant or repeated design or installation deficiencies with regard to a fire suppression system, the certified local fire suppression inspector shall notify the administrator of the deficiencies and the identifying information for the applicable fire suppression contractor and the signing professional engineer or engineering technician.
Source: L. 90: Entire section added, p. 1214, § 2, effective May 18. L. 98: (1)(c)(II) amended, p. 639, § 2, effective July 1. L. 2004: (2) amended, p. 1311, § 56, effective May 28. L. 2014: IP(1), (1)(c)(I), and (2) amended, (HB 14-1221), ch. 205, p. 753, § 5, effective May 15.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
24-33.5-1206.3. Requirements for installation, inspection, and maintenance of fire suppression systems - rules. (1) Fire suppression contractors shall design and install fire suppression systems in accordance with the applicable standards adopted by the administrator by rule, manufacturer's specifications, and applicable local codes and ordinances. In adopting standards, the administrator may consider and adopt the standards of the national fire protection association and shall adopt, by January 1, 2015, a separate set of design and installation standards and a separate registration category applicable only to residential fire suppression systems.
(2) The contractor shall furnish the user with operating instructions for all equipment installed, together with as-built diagrams of the final installation.
(3) Contractor inspections and tests, where required, shall be conducted by qualified personnel or certified fire safety inspectors and in compliance with applicable standards adopted by the administrator. Complete records shall be kept of the tests and operations of each system. The records shall be available for examination by the local certified fire safety inspector or the fire suppression administrator.
Source: L. 90: Entire section added, p. 1214, § 2, effective May 18. L. 2014: (1) amended, (HB 14-1221), ch. 205, p. 755, § 7, effective May 15.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
24-33.5-1206.4. System approval, inspection, and inspectors. (1) No installation, modification, alteration, or repair of a fire suppression system shall be completed and cleared for use, and no structure or partial structure in which such fire suppression system is installed, modified, altered, or repaired shall be cleared for occupancy, until such fire suppression system has been approved by a certified fire suppression systems inspector. Approval shall include review of approved working plans and hydraulic calculations, installation inspections, and final tests.
(2) (a) Each county, municipality, and special district that has fire suppression systems enforcement responsibilities shall, as needed, provide a certified fire suppression systems inspector. Such inspector shall conduct all fire suppression systems inspections that are required by this part 12. The governing body of the county, municipality, or special district that has fire suppression systems enforcement responsibilities may provide a schedule of fees to pay the costs of plan review and inspections conducted pursuant to this subsection (2) and related administrative expenses, and collect said fees from the fire suppression contractor.
(b) Two or more counties, municipalities, or special districts that have fire safety enforcement responsibilities may jointly employ or contract with a fire safety inspector.
(c) The administrator or his agent shall be available to provide such fire safety inspections to any county, municipality, or special district on a contractual or job-by-job basis. The county, municipality, or special district shall pay the actual costs of such inspections by the administrator or his agents.
(3) Every inspection of a fire suppression system conducted pursuant to this part 12 shall be by a person certified as having met the inspection training requirements set by the administrator. Such person shall:
(a) Be at least eighteen years of age;
(b) Not have been engaged in any of the activities specified in section 24-33.5-1206.6 (2); and
(c) (I) Have satisfactorily completed the fire suppression systems inspector certification examination as prescribed by the administrator; or
(II) Have demonstrated to the administrator that the applicant has met such other equivalent qualifications, including but not limited to education and experience, as may be prescribed by rule and regulation. If the head of a county, municipality, or special district that has fire suppression system enforcement responsibility determines that the applicant has met the qualifications adopted pursuant to this subparagraph (II), then he shall notify the administrator, who shall certify the applicant; or
(III) Have received in another state training which is determined by the administrator to be at least equivalent to that required by the administrator for approved certified fire safety inspector education and training programs in this state.
(4) Every certificate issued by the administrator is valid for a period of three years from the date of issuance. Renewal of certification shall require the affected person to complete a proper application for renewal and meet any other requirements for renewal as prescribed by the administrator, including successful passage of an examination as established by the administrator.
Source: L. 90: Entire section added, p. 1215, § 2, effective May 18.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
24-33.5-1206.5. Unlawful acts - criminal penalties. (1) Any person who violates any of the provisions of section 24-33.5-1206.1 commits a petty offense and, if a natural person, shall, upon conviction thereof, be punished as provided in section 18-1.3-503, and, if a corporation, shall be punished by a fine of not more than five thousand dollars.
(2) Any person who knowingly and willfully makes any false statement whatsoever or who conceals a material fact in any application, form, claim, advertisement, contract, warranty, guarantee, or statement, either written or oral, with the intent to influence the actions or decisions of any owner or contractor negotiating or contracting for the installation, alteration, or repair of any fire suppression system, or to any bonding agent, commits a class 2 misdemeanor and shall, upon conviction thereof, be punished as provided in section 18-1.3-501.
Source: L. 90: Entire section added, p. 1216, § 2, effective May 18. L. 2002: Entire section amended, p. 1534, § 253, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3228, § 422, effective March 1, 2021.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
24-33.5-1206.6. Unlawful acts - civil penalties - disciplinary actions. (1) Any person, firm, association, or corporation which violates any of the provisions of sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation promulgated by the administrator pursuant to this part 12 may be punished upon a finding of such violation by the administrator as follows:
(a) In any first administrative proceeding against a licensee, a fine of not less than one hundred dollars nor more than one thousand dollars;
(b) In any subsequent administrative proceeding against a licensee for transactions occurring after a final agency action determining that any violation of sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation of the administrator has occurred, a fine of not less than one thousand dollars nor more than ten thousand dollars.
(2) In addition to the penalties provided in subsection (1) of this section, the administrator may withhold, deny, suspend, or revoke the registration or certification of any registered fire suppression contractor or certified fire safety inspector or applicant therefor if the administrator finds, upon proof, that any such person has committed any of the following:
(a) Fraud or material deception in the obtaining or renewing of a registration;
(b) Professional incompetence as manifested by poor, faulty, or dangerous workmanship;
(c) Engaging in conduct that is likely to deceive, defraud, or harm the public in the course of professional services or activities;
(d) Performing any services in a negligent manner or permitting any of his agents or employees to perform services in a grossly negligent manner, regardless of whether actual damage or damages to the public is established;
(e) Directly or indirectly, willfully receiving compensation for any professional services not actually rendered;
(f) Failing to comply with any provision of this part 12 or the standards or rules promulgated by the administrator pursuant thereto;
(g) Contracting or assisting unregistered persons to perform services for which registration is required under this part 12.
(3) All fines imposed by the administrator pursuant to this section shall be credited to the general fund.
(4) A person acting as a fire suppression contractor may not bring any legal action to collect compensation due for performing any act for which registration is required pursuant to section 24-33.5-1206.1 unless such contractor alleges and proves that he was duly registered under said section at the time the alleged cause of action arose.
(5) (a) Any person who provides testimony with respect to a disciplinary matter and any person who lodges a complaint pursuant to this section shall be immune from liability in any civil action brought against such person for acts occurring while acting in his or her capacity as a witness or complainant.
(b) The immunity provided in paragraph (a) of this subsection (5) shall apply to a person only if the person made a reasonable effort to obtain the facts of the matter and acted in the reasonable belief that the action taken was warranted by the facts.
(6) (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the administrator, does not warrant formal action but that should not be dismissed as being without merit, the administrator may issue a letter of admonition by certified mail to the fire suppression contractor or inspector.
(b) The letter of admonition shall notify the fire suppression contractor or inspector of the right to request in writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request for adjudication is timely made, the letter of admonition shall be deemed vacated and the matter shall be processed by means of formal disciplinary proceedings.
Source: L. 90: Entire section added, p. 1216, § 2, effective May 18. L. 98: (5) added, p. 640, § 3, effective July 1. L. 2005: (2)(c) and (3) amended and (6) added, p. 247, § 5, effective July 1.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
24-33.5-1206.7. Sprinkler fitters - registration required - rules. (1) No person shall act, assume to act, or advertise as a sprinkler fitter who is not registered with the administrator.
(2) A registered sprinkler fitter shall obtain any locally required licenses or permits and comply with local building codes.
(3) In order to register with the administrator, a sprinkler fitter shall pay a fee as determined by the administrator and shall:
(a) Provide evidence demonstrating that he or she successfully completed a sprinkler fitter apprenticeship program and take and pass an examination established and approved by the administrator;
(b) Complete an application for registration by reciprocity established by rules of the administrator that demonstrates competent evidence that the applicant is currently authorized to practice as a sprinkler fitter in another state that has established qualification requirements substantially similar to, or greater than, the requirements established in this section or by rule of the administrator;
(c) Provide evidence demonstrating that he or she performed at least eight thousand hours of documented practical work experience on fire suppression systems within the past five years; or
(d) Otherwise demonstrate competency as a sprinkler fitter as determined by the administrator.
(4) Notwithstanding the provisions of subsection (3) of this section, a person who is enrolled in a sprinkler fitter apprenticeship program may perform work on a fire suppression system under the direct supervision of and in the immediate presence of a sprinkler fitter.
(5) (a) A registered sprinkler fitter shall complete continuing education requirements established by rule of the administrator.
(b) A sprinkler fitter shall apply to renew his or her registration annually. The administrator shall renew, for a period of one year, a sprinkler fitter registration upon receipt of a completed renewal application and a renewal fee as determined by the administrator. In years that the fire and safety code is revised, a sprinkler fitter shall also successfully complete a revised examination in order to renew his or her registration.
(6) The administrator may promulgate rules as necessary for the implementation of this section.
Source: L. 2010: Entire section added, (HB 10-1241), ch. 354, p. 1645, § 4, effective July 1, 2011.
Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 354, Session Laws of Colorado 2010.
24-33.5-1207. Firefighter, hazardous materials responder, and prescribed fire training and certification fund - created. (1) All moneys received by the director pursuant to the coordination and administration of the firefighter, hazardous materials responder, and prescribed fire training and certification programs and all interest earned on the moneys shall be deposited in the state treasury in the firefighter, hazardous materials responder, and prescribed fire training and certification fund, which fund is hereby created, and the moneys shall be used, subject to annual appropriations by the general assembly, for the purposes set forth in this part 12 and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.
(2) (Deleted by amendment, L. 2011, (SB 11-251), ch. 240, p. 1050, § 13, effective June 30, 2011.)
Source: L. 83: Entire article added, p. 960, § 1, effective July 1, 1984. L. 85: Entire section amended, p. 835, § 5, effective July 1. L. 93: Entire section RC&RE, p. 559, § 5, effective April 30. L. 2011: Entire section amended, (SB 11-251), ch. 240, p. 1050, § 13, effective June 30. L. 2013: (1) amended, (SB 13-083), ch. 249, p. 1309, § 13, effective May 23. L. 2016: (1) amended, (HB 16-1034), ch. 324, p. 1317, § 8, effective August 10.
Editor's note: Prior to the repeal and reenactment of this section, section 24-33.5-1209 provided for the repeal of this section, effective July 1, 1992. (See L. 87, p. 1006.)
Cross references: In 2013, subsection (1) was amended by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1207.5. Fire service education and training fund - created. (1) All moneys received by the director pursuant to the administration of the fire service education and training programs and all interest earned on the moneys shall be deposited in the state treasury in the fire service education and training fund, which fund is hereby created, and the moneys shall be used, subject to annual appropriations by the general assembly, for the purposes set forth in this part 12 and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.
(2) The moneys in the fire service training fund, which fund was repealed, shall be deposited in and consolidated with the fire service education and training fund.
Source: L. 87: Entire section added, p. 1006, § 4, effective July 1. L. 93: Entire section RC&RE, p. 560, § 6, effective April 30.
Editor's note: Prior to the repeal and reenactment of this section, section 24-33.5-1209 provided for the repeal of this section, effective July 1, 1992. (See L. 87, p. 1006.)
24-33.5-1207.6. Fire suppression cash fund - created. (1) All moneys collected by the administrator pursuant to the administration of the fire suppression program and pursuant to subsection (2) of this section shall be transmitted to the state treasurer, who shall credit the same to the fire suppression cash fund, which fund is hereby created. All moneys credited to said fund and all interest earned thereon are subject to annual appropriation by the general assembly for paying the expenses of the fire suppression program, and said moneys shall remain in such fund for such purposes and shall not revert or be credited to the general fund.
(2) The administrator may be reimbursed by a unit of local government for the actual, reasonable, and necessary expenses of the division incurred in providing technical assistance in circumstances when the unit of local government collects a fee for technical assistance provided by the division. Nothing in this subsection (2) shall be construed to require a unit of local government to collect a fee for technical assistance provided by the division, and payment of reimbursement shall be at the discretion of the unit of local government.
Source: L. 90: Entire section added, p. 1217, § 2, effective May 18. L. 2011: Entire section amended, (SB 11-251), ch. 240, p. 1050, § 14, effective June 30.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.
24-33.5-1207.7. Public school construction and inspection cash fund - created. All moneys collected by the division pursuant to sections 22-32-124 (2) and 23-71-122 (1)(v), C.R.S., or section 24-33.5-1213.3 shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund, which is hereby created. All moneys credited to the fund and all interest earned thereon are subject to annual appropriation by the general assembly for paying the expenses of the public school construction and inspection program. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2008: Entire section added, p. 1093, § 4, effective August 5. L. 2009: Entire section amended, (HB 09-1151), ch. 230, p. 1056, § 9, effective January 1, 2010.
24-33.5-1207.8. Health facility construction and inspection cash fund - created. All moneys collected by the division pursuant to section 24-33.5-1212.5 shall be transmitted to the state treasurer, who shall credit the same to the health facility construction and inspection cash fund, which is hereby created. All moneys credited to the fund and all interest earned thereon are subject to annual appropriation by the general assembly for paying the expenses of the health facility construction and inspection program. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2012: Entire section added, (HB 12-1268), ch. 234, p. 1029, § 10, effective July 1, 2013.
24-33.5-1208. Limitation of authority. Nothing in this part 12 shall be construed to give the division, director, or administrator any power of control or supervision over any unit of local government.
Source: L. 83: Entire article added, p. 960, § 1, effective July 1, 1984. L. 90: Entire section amended, p. 1217, § 3, effective May 18.
24-33.5-1208.5. Volunteer Fire Department Organization Act - areas without fire protection - state assistance for creation of volunteer fire departments - eligibility for grants - short title - legislative declaration. (1) This section shall be known and may be cited as the Volunteer Fire Department Organization Act.
(2) (a) The general assembly hereby finds, determines, and declares that:
(I) While the county sheriff is the fire warden and is responsible for wildland fire in unincorporated areas outside of fire protection districts, there is significant land area in Colorado that does not have organized fire protection;
(II) The existence of areas without organized fire protection adversely impacts adjacent fire protection districts and other entities that provide fire protection and related emergency services; and
(III) Fire prevention, fire suppression, and related emergency services provided by not-for-profit, nongovernmental volunteer fire departments are vital to the protection of the safety of the citizens of the state.
(b) The general assembly therefore:
(I) Finds that it is in the public interest to establish and maintain a complete, cooperative, and coordinated fire protection and suppression program for the state; and
(II) Declares that the purpose of this section is to create a framework for the organization of not-for-profit, nongovernmental volunteer fire departments and to promote, encourage, and support their creation in areas of the state where there is no organized fire protection.
(3) (a) In order to be recognized under this section and be considered in good standing, the volunteer fire department must:
(I) Be organized under and in compliance with the Colorado Revised Nonprofit Corporation Act, articles 121 to 137 of title 7, C.R.S.; and
(II) Enter into an agreement to provide fire fighting, fire protection, or other emergency services with:
(A) The town, city, county, city and county, fire protection district, metropolitan district, or county improvement district providing fire protection services and having jurisdictional authority over the area the unit services;
(B) The appropriate county sheriff for the unincorporated area of the county outside the boundaries of a fire protection district, metropolitan district, or county improvement district providing fire protection services; or
(C) The division for the detection, prevention, or suppression of forest and range fires where state responsibility has been determined pursuant to section 24-33.5-1221.
(b) (I) At a minimum, the agreement required by subparagraph (II) of paragraph (a) of this subsection (3) must specify the types of services to be provided by the volunteer fire department and the boundaries of its service area.
(II) For volunteer fire departments created prior to March 11, 2015, the agreement required by subparagraph (II) of paragraph (a) of this subsection (3) may be replaced by a letter from the jurisdictional authority recognizing the existence of the volunteer fire department and specifying the boundaries of its service area and the services it provides.
(c) A volunteer fire department shall complete and file with the division a fire department registration form specified by the division within sixty days after January 1, 2016, and annually thereafter. The division may issue a fire department identification number to the volunteer fire department based upon the registration filed under this paragraph (c).
(4) A volunteer fire department recognized under this section and considered in good standing that provides services within a jurisdiction may establish a schedule of charges for the services that the volunteer fire department provides.
(5) A volunteer fire department recognized under this section and considered in good standing may enter into agreements with the state or any political subdivision of the state.
(6) (a) The general assembly intends this subsection (6) to provide the division with a means by which the state can encourage and support the creation of volunteer fire departments in areas of the state where there is no organized fire protection.
(b) A group of individuals wishing to establish a volunteer fire department may petition the director for technical or funding assistance.
(c) Prior to providing assistance in the creation of a new volunteer fire department under this subsection (6), the director shall first consult with local officials and consider the question of the appropriateness and viability of:
(I) Inclusion of the proposed service area into one or more existing fire protection districts or metropolitan districts providing fire protection; and
(II) The provision of fire protection by an adjacent or nearby fire department.
(d) Nothing in this subsection (6) permits state assistance in the creation of a volunteer fire department within the boundaries of a fire protection district, metropolitan district, or county improvement district providing fire protection services without permission from such district.
(e) A volunteer fire department recognized under this section and considered in good standing is eligible to receive state funding assistance, including state grant awards, to the extent that a fire department is eligible, unless specifically excluded.
(7) Nothing in this section prohibits a private entity from organizing, training, or equipping itself as a private fire department or providing fire protection services.
Source: L. 2015: Entire section added, (HB 15-1017), ch. 3, p. 4, § 1, effective March 11.
24-33.5-1209. Repeal of sections.
(1) Repealed.
(2) Sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6, concerning programs for fire suppression administered by the division of fire prevention and control, and this section are repealed, effective September 1, 2026. Before the repeal, the programs administered pursuant to those sections are scheduled for review in accordance with section 24-34-104.
Source: L. 84: Entire section added, p. 686, § 23, effective July 1. L. 87: Entire section amended, p. 1006, § 5, effective July 1. L. 93: Entire section amended, p. 560, § 7, effective April 30. L. 98: (2) amended, p. 640, § 4, effective July 1. L. 99: (1) amended, p. 334, § 3, effective April 15. L. 2005: (2) amended, p. 246, § 1, effective July 1. L. 2009: (1) repealed, (SB 09-109), ch. 144, p. 608, § 2, effective July 1. L. 2012: (2) amended, (HB 12-1283), ch. 240, p. 1109, § 15, effective July 1. L. 2014: (2) amended, (HB 14-1221), ch. 205, p. 752, § 1, effective May 15. L. 2019: (2) amended, (SB 19-157), ch. 260, p. 2474, § 2, effective August 2. L. 2025: (2) amended, (SB 25-300), ch. 428, p. 2450, § 35, effective August 6.
Cross references: For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1210. Resource mobilization plan - fire - emergency medical services - search and rescue. (Repealed)
Source: L. 2002: Entire section added, p. 1206, § 5, effective June 3. L. 2012: Entire section repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
Cross references: For the legislative declaration in the 2012 act repealing this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1211. Inspector certification. (1) The division shall certify a person with fire safety responsibilities who is employed by, under contract to, or volunteers services to the state or a governing body as a fire inspector if the person files an application with the division for certification on forms provided by the division, pays the required certification fee, is at least eighteen years of age, and:
(a) Passes the fire code certification examination as prescribed by the director of the division; or
(b) Holds a valid and current fire code certification from the international code council; or
(c) Demonstrates to the director of the division that the person meets other equivalent qualifications, including, but not limited to, the education and experience prescribed by rules adopted by the director of the division in accordance with article 4 of this title and obtains an attestation on a form provided by the division from the head of the governing body or a designee that the person has the knowledge, skills, and ability to conduct fire safety plan reviews and inspections using the rules and codes adopted pursuant to sections 8-1-107 (2)(p) and 24-33.5-1203.5 (2)(b), C.R.S.
(2) An inspector certification issued pursuant to subsection (1) of this section shall be valid for a period of three years; except that such certification shall become invalid if:
(a) The certified inspector's employment relationship or contract with the state or governing body is terminated; or
(b) The certified inspector ceases to provide volunteer fire safety plan review or inspection services to the state or governing body.
(3) The requirements and process for renewal of an inspector certification shall be the same as for initial certification.
(4) The director of the division shall establish a fee to cover the actual direct and indirect costs of processing applications and issuing and renewing certifications pursuant to this section. Certification fees collected by the division shall be credited to the firefighter, first responder, hazardous materials responder, and prescribed fire training and certification fund created in section 24-33.5-1207.
Source: L. 2006: Entire section added, p. 1363, § 7, effective July 1. L. 2011: (4) amended, (SB 11-251), ch. 240, p. 1050, § 15, effective June 30. L. 2013: (4) amended, (SB 13-083), ch. 249, p. 1310, § 14, effective May 23.
Cross references: In 2013, subsection (4) was amended by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1212. Training for directors of fire protection districts - pilot program - advisory board - training fund. (1) The division shall establish a pilot program to offer training courses to directors of fire protection districts whose territory includes wildland-urban interface areas, as defined by the Colorado state forest service.
(2) The division shall offer courses pursuant to this section on subjects including but not necessarily limited to:
(a) Strategic planning; and
(b) Community outreach on wildland-urban interface issues.
(3) Repealed.
(4) The division shall issue a certificate of wildland-urban interface fire safety to a director who successfully completes the courses offered pursuant to this section.
(5) (a) (I) The division shall offer courses to directors of fire protection districts in accordance with this section at no charge and shall seek gifts, grants, and donations to fund the pilot program created pursuant to this section. Except for the money transferred in accordance with subsection (5)(a)(II) of this section, no general fund money shall be expended for the implementation of the program. Notwithstanding any other provision of this section, the division shall not implement the program until the division receives sufficient appropriations, gifts, grants, or donations to cover the costs of implementing the program. The division shall transmit gifts, grants, and donations received in accordance with this subsection (5) to the state treasurer, who shall credit the moneys, along with any moneys appropriated by the general assembly, to the wildland-urban interface training fund, which fund is hereby created in the state treasury. Any money in the fund in excess of those needed for the training of directors of fire protection districts shall be used for the purpose of providing firefighters with basic wildland firefighting and wildland-urban interface firefighting training through existing wildland fire training programs. All interest derived from the deposit and investment of money in the fund is credited to the fund. Money not expended at the end of a fiscal year shall remain in the fund and shall not be transferred or revert to the general fund.
(II) On July 1, 2017, and July 1, 2018, the state treasurer shall transfer forty-five thousand four hundred fifty-five dollars from the general fund to the wildland-urban interface training fund.
(b) and (c) Repealed.
(6) The director shall report to the general assembly on the results of the pilot program established pursuant to this section no later than July 1, 2010.
Source: L. 2008: Entire section added, p. 1503, § 2, effective August 5. L. 2009: (5) amended, (HB 09-1199), ch. 411, p. 2278, § 3, effective June 3. L. 2013: (5)(c) repealed, (HB 13-1300), ch. 316, p. 1684, § 61, effective August 7. L. 2017: (5)(a) amended, (SB 17-259), ch. 190, p. 690, § 4, effective May 3. L. 2018: (5)(a)(II) amended, (HB 18-1338), ch. 201, p. 1309, § 4, effective May 4; (3) repealed, (HB 18-1238), ch. 111, p. 804, § 2, effective July 1.
Editor's note: Subsection (5)(b)(II) provided for the repeal of subsection (5)(b), effective July 1, 2012. (See L. 2009, p. 2278.)
24-33.5-1212.5. Health facility fire and building codes - third-party inspections authorized - temporary certificate of occupancy - fees - rules - board of appeals. (1) (a) This section applies to health facility buildings or structures, including the construction or substantial remodeling and ongoing compliance with this article thereof, when there is no local building department or fire department to perform such functions. The division shall conduct the necessary plan reviews and inspections and issue certificates of compliance to certify that such buildings or structures are constructed or maintained in conformity with the codes adopted by the director.
(b) On and after July 1, 2013, health facility buildings and structures shall be maintained in accordance with their local building and fire codes or, if no such local building and fire codes exist, with the building and fire codes adopted by the director pursuant to section 24-33.5-1203.5.
(c) Notwithstanding paragraph (a) of this subsection (1), upon request of the local fire authority, the director of the division shall provide technical assistance in the review of health facility plans and, if appropriate, conduct inspections on behalf of the local fire authority.
(2) Except as specified in subsection (3) of this section, in the absence of a local building department or fire department, the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform final inspections, and issue certificates of occupancy to assure that a health facility building or structure has been constructed in conformity with the building and fire codes adopted by the director and that the health facility has complied with this section.
(3) Third-party inspectors. (a) The division may contract with third-party inspectors who are certified in accordance with section 24-33.5-1213.5 to perform inspections.
(b) (I) A health facility may hire and compensate third-party inspectors under contract with the division or hire and compensate other third-party inspectors who are certified in accordance with section 24-33.5-1213.5 to perform inspections.
(II) If a third-party inspector is used, the division shall require a sufficient number of third-party inspection reports to be submitted by the inspector to the division based upon the scope of the project to ensure quality inspections are performed. Except as specified in subsection (4) of this section, the third-party inspector shall attest that inspections are complete and all violations are corrected before the health facility is issued a certificate of occupancy. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the appropriate health facility pursuant to section 24-33.5-1213.
(4) Temporary certificate of occupancy. If inspections are not completed and a building or structure requires immediate occupancy, and if the health facility has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy expires ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building or structure shall be vacated upon expiration of the temporary certificate. The division shall enforce this subsection (4) pursuant to section 24-33.5-1213.
(5) Division fees. If the division conducts the necessary plan reviews and performs the necessary inspections to determine that a building or structure has been constructed in conformity with the building and fire codes adopted by the director, the division shall charge fees as established by the director by rule, based on the direct and indirect cost of providing the service. The fees shall cover the actual, reasonable, and necessary expenses of the division. The director, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover the actual, reasonable, and necessary costs of the division. Any fees collected by the division pursuant to this subsection (5) shall be transmitted to the state treasurer, who shall credit the same to the health facility construction and inspection cash fund created in section 24-33.5-1207.8.
(6) Rules. Rules promulgated pursuant to this section shall be adopted in accordance with article 4 of this title.
(7) Board of appeals. (a) (I) There is hereby created in the division the health facility construction and inspection program board of appeals, referred to in this section as the board of appeals. The board of appeals consists of seven members appointed by the executive director and one ex officio nonvoting member appointed in accordance with sub-subparagraph (C) of subparagraph (II) of this paragraph (a).
(II) The members of the board of appeals shall be persons who are qualified by experience and training to pass upon matters pertaining to health facility building construction, including one member with experience and knowledge of the life safety code, and shall include:
(A) The four members of the board of appeals created in section 24-33.5-1213.7 who represent the Colorado chapter of the international code council, the fire marshal's association of Colorado, the Colorado state fire chiefs' association, and Colorado counties, incorporated, or any member appointed from a successor to any of these organizations representing comparable interests;
(B) One representative from each of the following organizations or a successor to any of such organizations representing comparable interests: The Colorado association of healthcare engineers and directors; the American society for healthcare engineering; and the Colorado chapter of the American institute of architects; and
(C) One ex officio nonvoting member, appointed by the executive director of the department of public health and environment, who is employed by that department as a health surveyor.
(III) The members of the board of appeals serve at the pleasure of the executive director.
(IV) For the initial appointments to the board of appeals:
(A) The members serving pursuant to sub-subparagraph (A) of subparagraph (II) of this paragraph (a) serve terms coextensive with the terms to which they were appointed under section 24-33.5-1213.7; and
(B) For the members appointed pursuant to sub-subparagraph (B) of subparagraph (II) of this paragraph (a), the executive director shall appoint one member for a one-year term, one member for a two-year term, and one member for a three-year term. Each term for the member appointed pursuant to sub-subparagraph (C) of subparagraph (II) of this paragraph (a) is two years. All subsequent appointments are for three-year terms; except that an appointment to fill a vacancy on the board shall be for the remainder of the predecessor's term.
(V) The members of the board of appeals shall not be compensated for their service on the board and shall not be reimbursed for expenses.
(b) The board of appeals shall select a chair from among its members and shall adopt reasonable procedures for conducting its deliberations.
(c) (I) A health facility representative may appeal to the board of appeals a final written decision of a division inspector or third-party inspector that conducts a plan review or inspection pursuant to this section. The appeal shall be filed with the division within thirty days after the date of the decision. The division shall specify the form on which an appeal shall be made and shall provide the form to a health facility representative upon request.
(II) Upon receipt of an appeal, the division shall notify the chair of the board of appeals and schedule a hearing no more than fifteen days after the date on which the appeal was filed.
(III) The board of appeals may review a final written decision by an inspecting entity that is based on the codes or standards adopted by the director. The board of appeals shall not waive any requirement of the codes or standards. The board of appeals may recommend alternative materials as provided in the codes or standards. The final written decision of the board is final agency action for purposes of section 24-4-106.
(d) In addition to hearing appeals as provided in this section, the board of appeals shall advise the director in promulgating rules and enacting standards for the health facility construction and inspection program.
Source: L. 2012: Entire section added, (HB 12-1268), ch. 234, p. 1029, § 11, effective July 1, 2013.
24-33.5-1213. Fire and building code - violations - enforcement - inspections. (1) The director shall enforce sections 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, 24-33.5-1213.3, and 24-33.5-1213.5, C.R.S., by appropriate actions in courts of competent jurisdiction.
(2) (a) The director may issue a notice of violation to a person who is believed to have violated the codes as determined by an inspection pursuant to section 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, or 24-33.5-1213.3, C.R.S. The notice shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.
(b) The notice of violation shall allege the facts that constitute a violation.
(c) The notice of violation may require the alleged violator to act to correct the alleged violation.
(d) Within ten working days after delivery of the notice of violation, the alleged violator may request in writing an informal conference with the director concerning the notice of violation. If the alleged violator fails to request the conference within ten days, the notice of violation is final and not subject to further review by the director, and any requirement to correct the alleged violation pursuant to paragraph (c) of this subsection (2) becomes a binding enforcement order.
(e) Upon receipt of a request for an informal conference, the director shall set a reasonable time and place for the conference and shall notify the alleged violator of the time and place of the conference. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation.
(f) Within twenty working days after the informal conference, the director shall uphold, modify, or strike the allegations within the notice of violation and may issue an enforcement order. The decision and, if applicable, enforcement order shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.
(3) (a) A person who is the subject of and is adversely affected by a notice of violation or an enforcement order issued pursuant to subsection (2) of this section may appeal such action to the executive director. The executive director shall hold a hearing to review such notice or order and take final action in accordance with article 4 of this title and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel.
(b) Final agency action shall be subject to judicial review pursuant to article 4 of this title.
(c) An alleged violator who is required to correct an action pursuant to paragraph (c) of subsection (2) of this section shall be afforded the procedures set forth in section 24-4-104 (3), to the extent applicable.
(4) (a) An enforcement order issued pursuant to this section may impose a civil penalty, depending on the severity of the alleged violation, not to exceed five hundred dollars per violation for each day of violation; except that the director may impose a civil penalty not to exceed one thousand dollars per violation for each day of violation that results in, or may reasonably be expected to result in, serious bodily injury.
(b) A civil penalty collected pursuant to this subsection (4) shall be deposited in the public school construction and inspection cash fund created in section 24-33.5-1207.7 or the health facility construction and inspection cash fund created in section 24-33.5-1207.8, as appropriate.
(5) The director may file suit in the district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to this section.
(6) In addition to the remedies provided in this section, the director is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction to restrain any person from violating any provision of section 22-32-124 (2) or 23-71-122 (1)(v), C.R.S., or section 24-33.5-1213.3 or 24-33.5-1213.5 regardless of whether there is an adequate remedy at law.
Source: L. 2008: Entire section added, p. 1093, § 4, effective August 5. L. 2009: (1), (2)(a), and (4) amended and (6) added, (HB 09-1151), ch. 230, p. 1056, § 10, effective January 1, 2010. L. 2012: (1), (2)(a), and (4)(b) amended, (HB 12-1268), ch. 234, p. 1033, § 12, effective July 1, 2013.
24-33.5-1213.3. Building and structure fire code maintenance - rules. (1) (a) This section applies to building and structure maintenance for fire safety. The fire department providing fire protection service for the buildings and structures of a school district or of a local college district or for a charter school may inspect the buildings and structures when deemed necessary to ensure that they are maintained in accordance with the fire code adopted by the director of the division. If the local fire department does not perform the inspections authorized by this section, the division has the authority and duty to conduct the inspections.
(b) An inspection conducted pursuant to this section within the preceding twelve months satisfies the inspection requirement of a child care center that provides child care exclusively to school-age children and operates on the property of a school district, district charter school, or institute charter school. The fire department or division that conducts the inspection pursuant to this section shall provide a copy of the inspection report to a child care center official.
(2) The division is authorized to charge a fee for inspections conducted by the division to cover the actual, reasonable, and necessary costs of the inspections. The amount of the fee shall be determined by the director of the division by rule. In accordance with section 24-33.5-1213, the division shall enforce the fire code adopted by the director of the division.
(3) A fire department that chooses to conduct fire code inspections pursuant to this section may refer notices of deficiencies to the division for evaluation or enforcement in accordance with section 24-33.5-1213. The division shall promulgate rules to establish procedures for fire departments to refer notices of deficiencies for evaluation or enforcement to the division.
(4) Nothing in this section shall prohibit the fire department from correcting violations that pose an immediate threat to life safety. Nothing in this section shall prohibit the fire department from seeking enforcement action in a court of competent jurisdiction.
Source: L. 2009: Entire section added, (HB 09-1151), ch. 230, p. 1057, § 11, effective January 1, 2010. L. 2021: (1) amended, (SB 21-167), ch. 131, p. 528, § 1, effective September 7.
24-33.5-1213.4. School all-hazard emergency planning and response. (1) The school response framework created in section 22-32-109.1 (4), C.R.S., sets forth the framework for school emergency incident response and emergency preparedness, including emergency communications and the responsibilities of school resource officers. Pursuant to the school response framework, emergency response personnel are community partners with schools. As part of its duty to regularly inspect school buildings to ensure compliance with the fire code, the division, local fire departments, and certified fire inspectors may partner with schools in assessing each school's implementation of NIMS, the interoperability of the school's emergency communications equipment with state and local emergency response agencies, and the implementation of a school resource officer program.
(2) (a) As part of the division's duty, as set forth in section 24-33.5-1213, to enforce the provisions of section 22-32-124 (2), C.R.S., and section 24-33.5-1213.3, the division:
(I) Shall inquire of each school as to the number and type of any all-hazard drills conducted by the school, in addition to regular fire drills; and
(II) May inquire concerning:
(A) The school safety, readiness, and incident management plan developed pursuant to section 22-32-109.1 (4)(d), C.R.S.;
(B) The school's progress toward implementing NIMS and the incident command system pursuant to section 22-32-109.1, C.R.S., and in achieving communications interoperability with state and local emergency personnel;
(C) The nature and location of the school's emergency equipment, including communications equipment, and whether the communications equipment's interoperability with state and local emergency personnel has been tested separately or as part of an all-hazard drill; and
(D) Any other issues related to the school response framework, including but not limited to NIMS implementation, incident management, and communications interoperability with state and local emergency personnel.
(b) Inquiries made by the division pursuant to paragraph (a) of this subsection (2) that do not relate to the fire code shall not be the basis for a notice of deficiency or enforcement action.
(3) (a) Pursuant to its role as a community partner with schools, the division may, as part of its regular correspondence with schools, provide information to school safety personnel in school districts and schools, including but not limited to information related to NIMS and interoperable communications, courses and training on NIMS and interoperable communications, representation of schools at meetings held by community partners, best practices in incident management, and funding or grant opportunities related to emergency preparedness.
(b) The division shall collaborate with the office of information technology, created in section 24-37.5-103, the school safety resource center created in section 24-33.5-1803, and any other government entities and community partners as determined by the division to collect and disseminate information to school districts and schools as described in paragraph (a) of this subsection (3).
Source: L. 2011: Entire section added, (SB 11-173), ch. 310, p. 1515, § 3, effective June 10. L. 2013: (1) amended, (SB 13-138), ch. 253, p. 1342, § 4, effective May 23.
Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 310, Session Laws of Colorado 2011. For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 253, Session Laws of Colorado 2013.
24-33.5-1213.5. Certification for building inspectors - rules. (1) The director of the division shall implement a building inspector and plans examiner certification program to comply with the provisions of sections 22-32-124 (2) and 23-71-122 (1)(v), C.R.S., that evaluates the education, training, and experience of each inspector and ensures that the inspectors hold current national certifications that require continuing education. The director of the division shall require that each inspector be recertified every three years.
(2) Plans examiners for plan review and building inspectors for construction inspections shall be certified in their respective fields by the international code council, or another similar national organization, and have demonstrated education, training, and experience in their respective fields.
(3) If a plans examiner or building inspector is not certified in his or her respective field, the plans examiner or building inspector shall have at least five years of demonstrated education, training, and experience in his or her respective field and receive national certification within one year after the date of hire.
(4) The director of the division shall outline, by rule, the criteria for the revocation of inspector certifications. If the division finds that inspections are not complete or that all violations are not corrected, the division shall take enforcement action against the third-party inspector pursuant to section 24-33.5-1213.
Source: L. 2009: Entire section added, (HB 09-1151), ch. 230, p. 1058, § 11, effective January 1, 2010.
24-33.5-1213.7. Board of appeals. (1) (a) There is hereby created in the division a board of appeals, referred to in this section as the board of appeals. The board of appeals shall consist of seven members appointed by the executive director.
(b) The members of the board of appeals shall be persons who are qualified by experience and training to pass upon matters pertaining to building construction and shall include one representative nominated by each of the Colorado association of school boards, the Colorado association of school executives, the Colorado chapter of the international code council, the fire marshal's association of Colorado, the Colorado state fire chiefs' association, the rocky mountain chapter of the council for educational facilities planners international, and Colorado counties, incorporated, or from a successor to any of these organizations representing comparable interests.
(c) The members of the board of appeals shall serve at the pleasure of the executive director. For the initial board, the executive director shall appoint one member for a one-year term, two members for two-year terms, and three members for three-year terms. Subsequent appointments shall be for three-year terms; except that an appointment to fill a vacancy on the board shall be for the remainder of the predecessor's term.
(d) The members of the board of appeals shall not be compensated for their service on the board and shall not be reimbursed for expenses.
(e) The board of appeals shall adopt reasonable procedures for conducting its deliberations.
(2) A board of education, the state charter school institute, a charter school, or a local district college board of trustees may appeal to the board of appeals a final written decision of an entity that conducts a plan review or inspection pursuant to section 22-32-124 or 23-71-122 (1)(v), C.R.S. The appeal shall be filed with the division within thirty days after the date of the decision. The division shall specify the form on which an appeal shall be made and shall provide the form to a board of education, a charter school, the state charter school institute, or a local district college board of trustees upon request.
(3) Upon receipt of an appeal, the division shall notify the chair of the board of appeals and schedule a hearing no more than fifteen days after the date on which the appeal was filed.
(4) The board of appeals may review a final written decision by an inspecting entity that is based on the provisions of the codes or standards adopted by the director of the division. The board shall not waive any requirement of the codes or standards. The board may recommend alternative materials as provided in the codes or standards. The final written decision of the board is final agency action for purposes of section 24-4-106.
(5) In addition to hearing appeals as provided in this section, the board of appeals shall advise the director in promulgating rules and enacting standards for the public school construction and inspection program.
(6) This section only applies to matters related to school reviews and inspections.
Source: L. 2009: Entire section added, (HB 09-1151), ch. 230, p. 1058, § 11, effective January 1, 2010. L. 2012: (6) added, (HB 12-1268), ch. 234, p. 1033, § 13, effective July 1, 2013.
24-33.5-1214. Cigarettes - reduced ignition propensity standards - repeal. (1) Short title. This section shall be known and may be cited as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act.
(2) Testing - performance standard. (a) (I) Except as otherwise provided in paragraph (g) of this subsection (2), no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, unless:
(A) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this subsection (2);
(B) A written certification has been filed by the manufacturer with the director in accordance with subsection (3) of this section; and
(C) The cigarettes have been marked in accordance with subsection (4) of this section.
(II) The following conditions shall apply to testing and certification:
(A) Testing of cigarettes shall be conducted in accordance with ASTM international standard E2187-04, standard test method for measuring the ignition strength of cigarettes.
(B) Testing shall be conducted on ten layers of filter paper.
(C) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this subsection (2) shall exhibit full-length burns. Forty replicate tests shall constitute a complete test trial for each cigarette tested.
(D) The performance standard required by this subsection (2) shall be applied only to a complete test trial.
(E) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization or another comparable accreditation standard specified by the division.
(F) A laboratory conducting testing in accordance with this subsection (2) shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results and limit the repeatability value to no greater than nineteen percent.
(G) This subsection (2) shall not require additional testing of cigarettes that have been tested for other purposes in a manner consistent with this section.
(H) Testing performed or sponsored by the division in order to determine a cigarette's compliance with the performance standard required by this subsection (2) shall be conducted in accordance with this subsection (2).
(b) Each cigarette listed in a certification submitted pursuant to subsection (3) of this section that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this subsection (2) shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
(c) A manufacturer of a cigarette that the division determines cannot be tested in accordance with the test method prescribed in paragraph (a) of this subsection (2) shall propose a test method and performance standard for the cigarette to the division. Upon approval of the proposed test method and a determination by the division that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subparagraph (II) of paragraph (a) of this subsection (2), the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to this subsection (2). If the division determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are substantially similar to those contained in this subsection (2), and the division finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of such state's laws or rules under a legal provision comparable to this subsection (2), then the division shall authorize the manufacturer to employ the alternative test method and performance standard to certify such cigarette for sale in Colorado unless the division demonstrates a reasonable basis why the alternative test should not be accepted. All other applicable requirements of this subsection (2) shall apply to the manufacturer.
(d) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the division and the attorney general upon written request. Any manufacturer who fails to make copies of such reports available within sixty days after receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.
(e) The division may adopt a subsequent ASTM international standard test method for measuring the ignition strength of cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM international standard E2187-04 and the performance standard in subparagraph (II) of paragraph (a) of this subsection (2).
(f) On or before June 30, 2012, and on or before June 30 of every third year thereafter, the division shall review the effectiveness of this subsection (2) and report to the general assembly the division's findings and, if appropriate, recommendations for legislation to improve the effectiveness of this section.
(g) The requirements of paragraph (a) of this subsection (2) shall not be construed to prohibit:
(I) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 31, 2009, if a wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes before said date and that the inventory was purchased before said date in comparable quantity to the inventory purchased during the same period of the immediately preceding year; or
(II) The sale of cigarettes solely for the purpose of consumer testing. As used in this subparagraph (II), consumer testing means an assessment of cigarettes that is conducted by, or under the control and direction of, a manufacturer for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.
(h) The division shall implement this section in accordance with the implementation in New York of the New York fire safety standards for cigarettes.
(3) Certification. (a) Each manufacturer shall submit to the director a written certification attesting that each cigarette listed in the certification:
(I) Has been tested in accordance with subsection (2) of this section; and
(II) Meets the performance standard set forth in subsection (2) of this section.
(b) Each cigarette listed in the certification submitted pursuant to paragraph (a) of this subsection (3) shall be described with the following information:
(I) Brand or trade name on the package;
(II) Style, such as light or ultra light;
(III) Length in millimeters;
(IV) Circumference in millimeters;
(V) Flavor, such as menthol or chocolate if applicable;
(VI) Filter or nonfilter;
(VII) Package description, such as soft pack or box;
(VIII) Marking pursuant to subsection (4) of this section;
(IX) The name, address, and telephone number of the laboratory that conducted the tests, if different from that of the manufacturer; and
(X) The date that the testing occurred.
(c) Certifications under this subsection (3) shall be made available to the attorney general for purposes consistent with this section and to the department of revenue for the purpose of ensuring compliance with this subsection (3).
(d) Each cigarette certified under this subsection (3) shall be subject to recertification every three years.
(e) At the time it submits a written certification under this subsection (3), a manufacturer shall pay to the department of public safety a fee of one thousand dollars for each brand family of cigarettes listed in the certification. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three-year certification period.
(f) There is hereby established, in the state treasury, the reduced cigarette ignition propensity standards and firefighter protection act enforcement fund, also referred to in this section as the fund. The fund shall consist of all certification fees and civil penalties collected pursuant to this section and shall, in addition to any other moneys made available for such purpose, be available to the division to support processing, testing, enforcement, and oversight activities under this section. Any moneys in the fund in excess of the amounts needed for such purposes may be used by the division, subject to annual appropriation, for fire safety and prevention programs, including without limitation firefighter training and certification.
(g) If a manufacturer has certified a cigarette pursuant to this subsection (3), and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standard required by this section, such cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in subsection (2) of this section and maintains records of the retesting as required by said subsection (2). Any altered cigarette that does not meet the performance standard set forth in said subsection (2) may not be sold in this state.
(4) Labeling. (a) Effective July 31, 2009, cigarettes that are certified by a manufacturer in accordance with subsection (3) of this section shall be marked to indicate compliance with the requirements of this section. Such marking shall be in eight-point type or larger and shall consist of one or more of the following:
(I) Modification of the package's UPC symbol to include a visible mark printed at or around the area of the UPC symbol. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC symbol.
(II) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed on the cigarette package or cellophane wrap; or
(III) Stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of this section.
(b) A manufacturer shall use only one marking and shall apply the marking uniformly to all brands and packages, including but not limited to packs, cartons, and cases, marketed by the manufacturer.
(c) The manufacturer shall notify the division as to the marking selected by the manufacturer.
(d) Prior to the certification of any cigarette, the manufacturer shall present its proposed marking to the division, which shall have discretion to approve or disapprove the marking; except that:
(I) The division shall approve:
(A) Any marking in use and approved for sale in New York pursuant to the New York fire safety standards for cigarettes; or
(B) The letters FSC, signifying fire standards compliant, appearing in eight-point type or larger and permanently stamped, engraved, embossed, or printed on the package at or near the UPC symbol; and
(II) Proposed markings shall be deemed approved if the division fails to act within ten business days after receiving a request for approval.
(e) A manufacturer shall not modify its approved marking unless the modification has been approved by the division in accordance with this subsection (4).
(f) Manufacturers certifying cigarettes in accordance with subsection (3) of this section shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this subsection (4) for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide copies of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the director, the department of revenue, the attorney general, and employees thereof to inspect markings of cigarette packaging marked in accordance with this subsection (4).
(5) Penalties - forfeiture. Effective July 31, 2009:
(a) A manufacturer, wholesale dealer, agent, or other person or entity who knowingly sells or offers to sell cigarettes, other than at retail, in violation of subsection (2) of this section shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale; except that the penalty against any such person or entity shall not exceed one hundred thousand dollars during any thirty-day period.
(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of subsection (2) of this section shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale; except that the penalty against any such retail dealer shall not exceed twenty-five thousand dollars for sales or offers to sell during any thirty-day period.
(c) In addition to any other penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to subsection (3) of this section shall be subject to a civil penalty of at least seventy-five thousand dollars, not to exceed two hundred fifty thousand dollars for each such false certification.
(d) A person who violates any provision of this section for which a penalty is not specifically provided shall be subject to a civil penalty of up to one thousand dollars for a first violation and up to five thousand dollars for a second or subsequent violation.
(e) Cigarettes that have been sold or offered for sale and that do not comply with the performance standard required by subsection (2) of this section shall be subject to forfeiture as provided in the Colorado Contraband Forfeiture Act, part 5 of article 13 of title 16, C.R.S. Cigarettes forfeited pursuant to this paragraph (e) shall be destroyed; except that, before such destruction, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes if desired.
(f) In addition to any other remedy provided by law, the director or the attorney general may file an action in district court for a violation of this section, including petitioning for injunctive relief or to recover any costs or damages suffered by the state and enforcement costs, including attorney fees, relating to the specific violation. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the director or attorney general may obtain relief under this paragraph (f).
(g) Whenever a law enforcement officer or duly authorized agent of the director discovers cigarettes that have not been marked as required by subsection (4) of this section, such officer or agent is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the department of revenue and shall be forfeited to the state. Cigarettes seized pursuant to this paragraph (g) shall be destroyed; except that, before such destruction, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes if desired.
(6) Rules. (a) The director may promulgate rules in accordance with the State Administrative Procedure Act, article 4 of this title, as necessary to administer this section.
(b) The department of revenue, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers as authorized by law, may inspect cigarettes to determine whether the cigarettes are marked as required by subsection (4) of this section. If the cigarettes are not marked as required, the department of revenue shall notify the division.
(7) Enforcement. To enforce this section, the attorney general, the department of revenue, the division, all duly authorized employees and agents thereof, and all law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as any cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale is hereby directed and required to give the attorney general, the department of revenue, the division, all duly authorized employees and agents thereof, and all law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this subsection (7).
(8) Exceptions. Nothing in this section shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of subsection (2) of this section if:
(a) The cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States; and
(b) The person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in Colorado.
(9) Repeal. (a) The general assembly intends that this section shall cease to be effective upon the effective date of a federal reduced cigarette ignition propensity standard that preempts this section. The division, upon receiving notice of the effectiveness of such federal standard, shall forward such notice to the revisor of statutes.
(b) This section is repealed, effective 12:01 a.m. the day after the revisor of statutes receives notice from the division as described in paragraph (a) of this subsection (9).
(c) Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or rule conflicting with, or preempted by, any provision of this section or with any policy of this state expressed by this section.
Source: L. 2008: Entire section added, p. 1485, § 2, effective January 1, 2009.
Editor's note: As of publication date, the revisor of statutes has not received the notice referred to in subsection (9).
Cross references: For the New York fire safety standards for cigarettes, see 19 New York Codes, Rules and Regulations Part 429.
24-33.5-1215. Volunteer firefighter tuition voucher fund - created. There is hereby created in the state treasury the volunteer firefighter tuition voucher fund, which shall be administered by the division and shall consist of any gifts, grants, or donations from private or public sources that the division is hereby required to seek and accept. All moneys in the fund are continuously appropriated to the division to be used for the purposes set forth in section 24-33.5-1216. All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.
Source: L. 2009: Entire section added, (SB 09-021), ch. 414, p. 2289, § 4, effective August 5.
24-33.5-1216. Volunteer firefighters - tuition vouchers - community and technical colleges. (1) The division shall collaborate with the state board for community colleges and occupational education created in section 23-60-104 (1)(b), C.R.S., and the board of the trustees for each local community college as specified in section 23-71-122, C.R.S., to develop a system to provide a tuition voucher for three credits per academic year to a qualified volunteer firefighter who is a full-time or part-time student at an institution in the state system of community and technical colleges or a local community college and who agrees to serve as a volunteer firefighter for no less than four years after completing his or her education at the institution.
(2) For purposes of this section, local community college includes Aims community college and Colorado mountain college.
(3) The division shall fund the tuition vouchers specified in subsection (1) of this section from the volunteer firefighter tuition voucher fund created in section 24-33.5-1215; except that, if the volunteer firefighter tuition voucher fund does not have sufficient moneys to fund the tuition vouchers, the division may use any existing appropriation.
Source: L. 2009: Entire section added, (SB 09-021), ch. 414, p. 2289, § 4, effective August 5.
24-33.5-1217. Prescribed burning program - training and certification of certified burners - rules - fees. (1) The director shall establish training and certification standards for users of prescribed fire in consultation with the Colorado prescribed fire council or an analogous successor organization. The director may also consult with local fire jurisdictions.
(2) The training and certification standards adopted under this section must:
(a) Create certified burner and noncertified burner designations for users of prescribed fire on private and nonfederal land;
(b) Establish requirements for certified burners to conduct lawful activities pursuant to authorization under section 18-13-109 (2)(b)(IV), regarding firing of woods or prairie;
(c) Identify processes and procedures for certified burners to conduct a prescribed fire;
(d) Recommend organizational structures for prescribed burn operations;
(e) Establish training standards for certified burners and utilize all means available to make the certified burner training as accessible as possible;
(f) Clearly identify preexisting fees, permit requirements, liabilities, liability exemptions, and penalties for prescribed burn personnel and landowners, including those specified in sections 25-7-106 (7) and (8) and 25-7-123; and
(g) Allow for an individual who meets the reciprocity requirements described in subsection (2.5) of this section to apply for and receive a state certification number.
(2.5) (a) An individual who meets the reciprocity requirements described in this subsection (2.5) may qualify for certification as a certified burner.
(b) To receive a valid certification number from the division, the individual must:
(I) Apply for certification to the division, according to the rules and standards of the division, including the payment of any associated fee; and
(II) Submit evidence to the division, according to the rules and standards of the division, that the individual holds a valid certification from a state government or other entity.
(3) (a) Except as otherwise provided in this section, on and after December 1, 2013, a prescribed fire must be attended by a person certified by the division pursuant to this section and rules promulgated thereto or otherwise authorized under section 24-33.5-1217.5 (1)(c).
(b) (I) Nothing in this section requires a private landowner to be certified by the division as a certified burner or qualified by national wildfire coordinating group standards as a prescribed burn boss to conduct prescribed fire on the landowner's own property.
(II) A private landowner or the landowner's designee who is certified by the division as a certified burner or qualified by national wildfire coordinating group standards as a prescribed burn boss is not liable for any civil damages for acts or omissions made in good faith resulting in damage or injury caused by fire or smoke resulting from prescribed burns they conduct on the landowner's own property and in compliance with applicable state laws and local ordinances, unless such private landowner's or designee's acts or omissions are grossly negligent or willful and wanton.
(III) Nothing in this section exempts private landowners from complying with any other applicable local, state, or federal requirements pertaining to open burning.
(4) The director, by rule, may establish a fee at an amount not to exceed the amount required to recover all direct costs that the division incurs in providing training to and processing applications for persons seeking certification as certified burners pursuant to this section. Any fees so collected shall be deposited into the firefighter, first responder, hazardous materials responder, and prescribed fire training and certification fund created in section 24-33.5-1207.
(5) (a) The director, in consultation with the Colorado state forest service described in part 3 of article 31 of title 23 and in accordance with article 4 of this title 24:
(I) May adopt any such rules as the director deems necessary to administer the prescribed burning program within the division; and
(II) Shall adopt rules and standards:
(A) Pertaining to the training and certification of certified burners, including training components; application processes; qualification for and terms and durations of certification, including through reciprocity; types of certification, if applicable; grounds and processes for renewal, suspension, and revocation of certifications; and training, certification, and renewal fees; and
(B) For the use of prescribed burning occurring on state lands or conducted by state agencies on private lands, pursuant to section 24-33.5-1217.5.
(b) The rules and standards promulgated pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of this subsection (5) constitute the minimum standards for all prescribed burning conducted in the state, except for prescribed burning conducted by an agency of the federal government. To be exempt from these standards, other users of prescribed fire, including local governments and nongovernmental organizations must adopt or have already adopted guidelines or standards that are in substantial compliance with the intent of section 24-33.5-1217.5 for prescribed burning under their control.
(6) (a) Subject to the provisions of paragraph (c) of this subsection (6), the director may enter into an agreement with an owner or other person having legal control of property, including a public agency with regulatory or natural resource management authority over any such property, for the use of prescribed burning consistent with this article to prevent high-intensity wildland fires by reducing the volume and continuity of wildland fuels or to achieve other goals, including forest improvement, consistent with this article.
(b) The director shall not enter into an agreement for prescribed burning pursuant to paragraph (a) of this subsection (6) unless the director first determines that the property owner or other person having legal control of the property has both evaluated all alternatives to prescribed burning and concluded that prescribed burning is an appropriate hazardous fuel reduction method for the property.
(c) Nothing in this section compels any person to enter into an agreement with the director.
(d) (I) Where an agency of the federal government assumes primary responsibility for conducting a prescribed burn in the state, neither the agency nor any other agency of the federal government is required to comply with the rules and standards promulgated pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of subsection (5) of this section.
(II) If the director has entered into an agreement with an agency of the federal government as of May 23, 2013, of the type described in paragraph (a) of this subsection (6), nothing in this section shall be construed to require a new agreement or modification of an existing agreement.
(7) (a) The division shall cooperate with and provide advisory services to any person desiring to use prescribed burning, the objective of which is the prevention of high-intensity wildland fires, watershed management, vegetation management, forest improvement, wildlife habitat improvement, or any other objective that is deemed to be in the public interest, or any combination of such objectives.
(b) The division shall provide information and technical assistance to units of local government, upon request from the local government, concerning prescribed burning.
(c) The division may provide standby fire protection to any person using prescribed burning in a manner deemed to be in the public interest, to such extent as personnel, fire crews, and firefighting equipment are requested and available.
(8) The division shall, subject to sufficient funding, institute a public information campaign to promote to the general public the benefits of prescribed burning.
(9) Nothing in this article grants the division authority over any hazardous fuel reduction other than prescribed burning. Forest health, forest improvement, vegetation and watershed management, and hazardous fuel reduction other than prescribed burning remain responsibilities vested in the state forest service.
(10) Notwithstanding any other provision of law:
(a) In performing the duties assigned to the director under subsections (5) and (6) of this section, the director shall consult with the Colorado state forest service as described in part 3 of article 31 of title 23.
(b) The prescribed burning standards adopted by the director pursuant to subsection (5)(a)(II)(B) of this section must be consistent with existing laws and processes that ban, regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124.
(c) Nothing in this section or section 24-33.5-1217.5 or 24-33.5-1217.7 affects the authority of a county government to develop or administer an open burning permit system for the purpose of safely disposing of slash in accordance with the provisions of section 30-15-401 (1)(n.5).
(11) Except as otherwise provided for the fees established and collected pursuant to subsection (4) of this section, all moneys received by the division pursuant to this section shall be credited to the wildland fire cost recovery fund created in section 24-33.5-1220 (4).
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1109, § 16, effective July 1. L. 2013: IP(2), (2)(e), (3), and (4) amended and (5) to (11) added, (SB 13-083), ch. 249, p. 1303, § 6, effective May 23. L. 2014: (3)(b)(I), (3)(b)(II), (4), and (5)(a)(II)(A) amended, (HB 14-1010), ch. 175, p. 642, § 2, effective May 12. L. 2025: IP(2), (2)(b), (2)(e), (2)(f), IP(5)(a), (5)(a)(II)(A), and (10) amended and (2)(g) and (2.5) added, (SB 25-007), ch. 281, p. 1457, § 3, effective May 29.
Editor's note: This section is similar to former § 23-31-313 (6)(a)(III) as it existed prior to 2012.
Cross references: (1) For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
(2) In 2013, subsections IP(2), (2)(e), (3), and (4) were amended and subsections (5) to (11) were added by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1217.3. Authority to permit controlled burns during drought conditions - civil - criminal. The division may provide written authority to persons seeking to conduct prescribed or controlled fires, such as grassland, forest, or habitat management activities, during drought conditions as specified in section 13-21-105 (2) or 18-13-109 (2)(b)(III), C.R.S. In issuing written authority for prescribed or controlled fires, the division shall conform to and shall not supersede any state or local bans on fires.
Source: L. 2013: Entire section added, (SB 13-083), ch. 249, p. 1306, § 7, effective May 23.
Editor's note: This section is similar to former §§ 24-33-203 and 24-33-204 as they existed prior to 2013.
Cross references: In 2013, this section was added by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1217.5. Minimum prescribed burning standards. (1) The prescribed burning standards adopted by the director pursuant to section 24-33.5-1217 (5)(a)(II)(B) must, at a minimum:
(a) Ensure that prescribed burning is the controlled application of fire to vegetative fuels under specified environmental conditions in accordance with a written prescription plan, which plan:
(I) Is designed to confine the fire to a predetermined area;
(II) Is designed to accomplish planned land management objectives, as those objectives are determined by the property owner or natural resource management authority; and
(III) Conforms to this article and the rules and standards adopted in accordance with this article;
(b) Include information on planning, preparing, and implementing safe, effective prescribed burning, which information:
(I) Is based on the interagency prescribed fire planning and implementation procedures guide, as amended, published by the national wildfire coordinating group, or by any successor group; and
(II) Contains specific criteria with respect to masticated fuels;
(c) Require at least one person, who must be qualified by national wildfire coordinating group standards as a prescribed burn boss at the level commensurate with the complexity of the burn, to be present on site:
(I) During the conduct of the prescribed burn; and
(II) (A) Until the fire is adequately confined to reasonably prevent escape of the fire from the area intended to be burned; or
(B) Until the prescribed burning is completed and all fire is declared to be out;
(d) Establish appropriate guidelines sufficient to:
(I) Conduct the burn in accordance with the prescription plan; and
(II) Provide adequate protection for the safety of persons and of adjacent property;
(e) Evaluate alternatives to prescribed burning, such as mechanical treatment, and guide the user through the safe and prudent application of prescribed burning, when it is determined to be an appropriate method; and
(f) Set forth requirements for record keeping; public information campaigns; and timely notice of prescribed burning to adjacent landowners, local authorities, and, to the extent practicable, potentially affected neighbors.
(2) All users of prescribed fire shall comply with the applicable provisions of the Colorado Air Pollution Prevention and Control Act, part 1 of article 7 of title 25, C.R.S., and its implementing regulations, and shall obtain a permit for prescribed fire pursuant to section 25-7-123, C.R.S.
(3) The rules and standards adopted by the director must be promulgated in consultation with the Colorado state forest service as described in part 3 of article 31 of title 23, C.R.S., the Colorado prescribed fire council, or an analogous successor organization, and other subject matter experts as the director deems appropriate. In promulgating such rules and standards, the director shall consider the current state of research and best management practices for prescribed burning.
Source: L. 2013: Entire section added, (SB 13-083), ch. 249, p. 1306, § 7, effective May 23. L. 2014: IP(1)(c) amended, (HB 14-1010), ch. 175, p. 643, § 3, effective May 12.
Cross references: In 2013, this section was added by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1217.7. Escaped prescribed fires. (1) If a prescribed fire exceeds the control capability of on-site resources, the fire is deemed to be escaped, and suppression actions shall be taken immediately to bring the escape under control.
(2) The division shall conduct or cause to be conducted a formal review following escape of a prescribed fire. The purpose of the review is to identify the factors that contributed to the escape, including compliance with policy requirements, in an effort to reduce the occurrence or prevent future escapes.
(3) Wildfires burning uncontrolled on forested, brush, or grassland areas that pose a hazard to life and property constitute a public nuisance. Employees or agents of the division have the right to enter land to control, suppress, or investigate wildfires without liability for trespass.
(4) In order to prevent high-intensity or catastrophic wildland fires, local, state, or federal firefighters may enter lands and construct fire lines or fire breaks to prevent further spread of wildfires, without liability for trespass.
Source: L. 2013: Entire section added, (SB 13-083), ch. 249, p. 1308, § 7, effective May 23. L. 2014: (1) amended, (HB 14-1010), ch. 175, p. 643, § 4, effective May 12.
Cross references: In 2013, this section was added by the Colorado Prescribed Burning Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
24-33.5-1218. Cooperation with governmental units. In connection with its powers and duties concerning the protection of the forest lands of the state from fire, the division may cooperate and coordinate with the United States forest service, the United States secretary of the interior, the United States secretary of agriculture, the state board of land commissioners, and the counties for such protection and may advise and aid in preventing forest fires on state and private lands in the national forests in the state, including coordinating with the United States secretary of the interior and the United States secretary of agriculture to develop management plans for federal lands within the state of Colorado pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712; but nothing contained in this section shall be construed as transferring to the division the duties or responsibilities of the sheriffs of the various counties with respect to forest fire control laws.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1110, § 16, effective July 1.
Editor's note: This section is similar to former § 23-31-203 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1219. Wildland fires - duty of sheriff to report. It is the duty of the sheriffs of the various counties of the state to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to the division or its authorized agent, and, upon receiving notice from any source of a fire in any forest, it is the duty of the agent of the division to aid and assist in controlling or extinguishing the same, if necessary.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1111, § 16, effective July 1.
Editor's note: This section is similar to former § 23-31-204 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1220. Funds available - emergency fire fund - wildland fire equipment repair fund - wildland fire cost recovery fund - creation - gifts, grants, and donations authorized - rules. (1) The governor's emergency fund may be used for the purpose of preventing and suppressing forest and wildland fires, in accordance with part 7 of this article.
(2) (a) There is hereby created in the state treasury the emergency fire fund, which fund shall be administered by the division, in accordance with paragraph (b) of this subsection (2), to fund emergency responses to wildfires. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes indicated in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.
(b) The division shall use the moneys in the emergency fire fund to provide funding or reimbursement for wildfires in accordance with memoranda of understanding with participating public entities.
(3) There is hereby created in the state treasury the wildland fire equipment repair cash fund, which fund shall be administered by the division to fund the costs of fire equipment maintenance and repair. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes set forth in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.
(4) (a) There is hereby created in the state treasury the wildland fire cost recovery fund, to be administered by the division for personnel and operating expenses associated with wildland fire suppression activities. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this subsection (4). The fund consists of all moneys recovered for the division's expenditures for wildland fire suppression, moneys that may be appropriated thereto by the general assembly, and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. The fund is noninterest-bearing. The moneys in the fund are hereby continuously appropriated for the purposes set forth in this subsection (4). Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.
(b) Notwithstanding any limitation on the amount of advances set forth in section 24-75-203 (2), the controller may authorize an advance without interest in any amount to be made to the division to provide it with working capital for the operation of wildland fire suppression activities to which wildland fire cost recovery fund moneys are allocated pursuant to this subsection (4).
(5) Notwithstanding any provision of law to the contrary, the funds established under subsections (2), (3), and (4) of this section are exempt from the limitations set forth in section 24-75-402.
(6) (a) Notwithstanding any other provision of law, a fire department is eligible for reimbursement for wildland fire suppression activities within the jurisdiction or designated boundaries of the fire department from the governor's emergency fund and the wildland fire cost recovery fund if:
(I) The fire department relies solely or primarily on volunteer firefighters to provide fire protection services, as determined under guidelines adopted by the division in the annual wildfire preparedness plan required by section 24-33.5-1227 (2)(a);
(II) The wildland fire exceeds the capabilities of the fire department to control or extinguish; and
(III) The mutual aid period for that fire has ended.
(b) The fire department must use money received pursuant to this subsection (6) to compensate volunteer firefighters pursuant to guidelines adopted by the division in the annual widlfire preparedness plan required by section 24-33.5-1227 (2)(a).
(c) The division and each county sheriff's office shall modify any intergovernmental agreements governing reimbursement for wildland fire suppression activities as necessary to allow reimbursement in accordance with this subsection (6).
(d) The director may promulgate rules as necessary to implement this subsection (6).
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1111, § 16, effective July 1. L. 2013: (4) and (5) amended, (SB 13-110), ch. 4, p. 9, § 1, effective February 19. L. 2022: (6) added, (SB 22-002), ch. 339, p. 2437, § 1, effective June 3.
Editor's note: This section is similar to former § 23-31-303 (1) as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1221. State responsibility - determination by the director - intergovernmental agreements required - terms included - definitions - legislative declaration. (1) The director shall determine, in consultation with local authorities and with the approval of the governor, geographic areas of the state, including wildland-urban interface areas, in which the state has a financial responsibility for managing forest and wildland fires. The management of fires in all other areas is primarily the responsibility of local or federal agencies, as the case may be. The director may exclude all lands owned or controlled by the federal government or any agency thereof, and the director shall exclude all lands within the exterior boundaries of incorporated cities or towns.
(2) (a) The general assembly hereby finds, determines, and declares that:
(I) Because wildland fires so often traverse the territorial boundaries of political subdivisions, the full cooperation of governmental entities within whose territorial boundaries forest lands, rangelands, or wildland areas are located is necessary to ensure adequate protection against those fires;
(II) Because wildland fires cross territorial boundaries, particularly if cooperative fire mitigation policies are not established and maintained, protecting the public from the dangers of such fires, especially fires occurring in wildland-urban interface areas, is a necessary endeavor and a matter of statewide concern; and
(III) This subsection (2) is enacted for the purpose of requiring intergovernmental cooperation between a county and any state agency that owns wildland areas located within the county to mitigate the harm caused by wildland fires affecting land areas in the interest of protecting the public health and safety.
(b) As used in this subsection (2), unless the context otherwise requires:
(I) Forest land means land of which at least ten percent is stocked by forest trees of any size and includes land that formerly had such tree cover and that will be naturally or artificially regenerated. Forest land includes roadside, streamside, and shelterbelt strips of timber that have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings that are less than one hundred twenty feet wide.
(II) Rangeland means an expanse of land that is unforested and on which it is suitable for livestock to wander and graze.
(III) State agency has the meaning set forth in section 24-18-102.
(IV) Wildland area means an area in which development is essentially nonexistent, except for roads, railroads, power lines, and similar infrastructure, and in which structures, if present, are widely scattered.
(V) Wildland fire means an unplanned or unwanted fire in a forest land, rangeland, or wildland area, including an unauthorized human-caused fire, an out-of-control prescribed fire, and any other fire in a forest land, rangeland, or wildland area where the objective is to extinguish the fire.
(c) (I) (A) On or before January 1, 2017, each state agency that owns any land constituting forest land, rangeland, or wildland area shall enter into an intergovernmental agreement with each county in which the land is located to mitigate wildland fires affecting the land areas of the state agency and county. In making such intergovernmental agreement, the parties to the agreement shall consult with any utility providers that have facilities in the areas subject to the agreements to the extent that the agreements will affect the providers.
(B) Sub-subparagraph (A) of this subparagraph (I) does not apply to rights-of-way, conservation easements, or state trust lands. However, the department of natural resources and the state land board shall evaluate the feasibility of entering into intergovernmental agreements similar to those required under sub-subparagraph (A) of this subparagraph (I) for state trust lands. Prior to September 1, 2014, the department of natural resources shall report to the wildfire matters review committee created in section 2-3-1602, C.R.S., regarding any conclusions reached subsequent to this evaluation, including reasonable alternatives to address wildland fire mitigation and suppression costs with counties in which state trust lands are located.
(II) Any agreement required by subparagraph (I) of this paragraph (c) must address the following matters:
(A) The identification of all parties to the agreement and their respective roles and responsibilities regarding the mitigation and management of wildland fires;
(B) The procedures for cooperation and coordination among the parties to the agreement;
(C) Management objectives for forest land and wildland fire prevention, preparedness, mitigation, suppression, reclamation, or rehabilitation, and the designation of the state agency with fiscal and operational authority for each objective;
(D) A description of available emergency or mutual aid resources in the event of wildland fires;
(E) Identification of the party or parties responsible for paying the costs of suppression of wildfires occurring on state-owned lands;
(F) The specification that reimbursement and billing procedures will be handled through the division's existing billing process; and
(G) Action that may be undertaken by one party to the agreement if another party to the agreement fails to satisfy its duties or responsibilities under the agreement.
(d) The agreement required under paragraph (c) of this subsection (2) must be executed by all parties to the agreement.
(e) Nothing in this subsection (2) alters or affects the manner in which suppression costs are handled:
(I) During an agreed-upon mutual aid period; or
(II) Pursuant to an existing agreement.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1112, § 16, effective July 1. L. 2014: Entire section amended, (HB 14-1210), ch. 119, p. 424, § 1, effective August 6.
Editor's note: This section is similar to former § 23-31-304 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1222. Cooperation by counties. The boards of county commissioners may, in their discretion, cooperate and coordinate with the governing bodies of organized fire districts, fire departments, and municipal corporations; with private parties; with other counties; with the director; with the United States secretary of the interior; with the United States secretary of agriculture; and with an agency of the United States government in the management and prevention of forest fires. Such boards of county commissioners are authorized to participate in the organization and training of rural fire-fighting groups, in the payment for the operation and maintenance of fire-fighting equipment, and in sharing the cost of managing fires.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1112, § 16, effective July 1.
Editor's note: This section is similar to former § 23-31-305 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1223. Sheriffs to enforce. The county sheriff, assisted by the director, shall enforce sections 24-33.5-1217 to 24-33.5-1228 and of all state forest fire laws, and such persons shall not be liable to civil action for trespass committed in the discharge of their duties.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1112, § 16, effective July 1.
Editor's note: This section is similar to former § 23-31-306 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1224. Limitation of state responsibility. Nothing in sections 24-33.5-1217 to 24-33.5-1228 authorizes any county fire warden, firefighter, or county officer to obligate the state for payment of any money.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1113, § 16, effective July 1.
Editor's note: This section is similar to former § 23-31-307 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1225. Emergencies. When the governor finds that conditions of extreme fire hazard exist, he or she may by proclamation close such land as he or she may find to be in such condition of extreme hazard to the general public and prohibit or limit burning thereon to such a degree and in such ways as he or she deems necessary to reduce the danger of forest fire. The governor shall declare the end of any such emergency only upon a finding that the conditions of extreme fire hazard no longer exist.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1113, § 16, effective July 1.
Editor's note: This section is similar to former § 23-31-308 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1226. Wildfire emergency response fund - creation - gifts, grants, and donations authorized - rules. (1) (a) There is hereby created in the state treasury the wildfire emergency response fund, which fund shall be administered by the division. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly, any moneys transferred to the fund by the state treasurer pursuant to section 24-33.5-706 (4.5) or transferred pursuant to section 10-3-209 (4), C.R.S., and all private and public funds received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes indicated in this section. Any moneys not expended at the end of the fiscal year remain in the fund and do not transfer or revert to the general fund.
(b) The general assembly finds that the implementation of this section does not rely on the receipt of adequate funding through gifts, grants, or donations. Therefore, the notice requirements specified in section 24-75-1303 (3) are inapplicable to the wildfire emergency response fund.
(2) At a minimum, the division shall use the moneys in the wildfire emergency response fund to provide funding or reimbursement for:
(a) The first aerial tanker flight or the first hour of a firefighting helicopter operating on a wildfire at the request of any county sheriff, municipal fire department, or fire protection district; and
(b) The employment of wildfire hand crews to fight a wildfire for the first two days of a wildfire at the request of any county sheriff, municipal fire department, or fire protection district, with a preference for the use of wildfire hand crews from the inmate disaster relief program created in section 17-24-124, C.R.S.
(2.5) In addition to any other purpose for the use of money in the wildfire emergency response fund specified in this section, the division may use money in the fund to provide wildfire suppression assistance to county sheriffs, municipal fire departments, or fire protection districts throughout the state at no cost to such entities pursuant to annual guidelines published by the division in the wildfire preparedness plan required by section 24-33.5-1227 (2)(a).
(3) On an annual basis, the governor may authorize the division to increase the use of the wildfire emergency response fund to provide funding or reimbursement for additional aerial tanker flights or additional usage of wildfire hand crews to fight a wildfire. The director shall include a request for such authorization in, and in accordance with, the annual wildfire preparedness plan recommendations developed pursuant to section 24-33.5-1227 (2).
(4) Nothing in this section precludes or prevents the governor, in his or her discretion, from authorizing additional increases or decreasing the use of the wildfire emergency response fund if the actual wildfire situation is more or less severe than anticipated at the time the wildfire preparedness plan required under section 24-33.5-1227 (2) was prepared.
(5) (Deleted by amendment, L. 2013.)
(6) (a) On June 15, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer six hundred thousand dollars from the wildfire preparedness fund created in section 24-33.5-1227 and one million two hundred thousand dollars from the Colorado firefighting air corps fund created in section 24-33.5-1228 to the wildfire emergency response fund.
(b) On July 1, 2021, the state treasurer shall transfer six hundred thousand dollars from the wildfire preparedness fund created in section 24-33.5-1227 and one million two hundred thousand dollars from the Colorado firefighting air corps fund created in section 24-33.5-1228 to the wildfire emergency response fund.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1113, § 16, effective July 1. L. 2013: Entire section amended, (SB 13-270), ch. 250, p. 1313, § 3, effective May 23. L. 2021: (2.5) added, (SB 21-113), ch. 17, p. 93, § 1, effective March 21; (6) added, (SB 21-258), ch. 238, p. 1253, § 6, effective June 15. L. 2022: (2.5) amended, (SB 22-002), ch. 339, p. 2438, § 2, effective June 3; (2.5) amended, (SB 22-212), ch. 421, p. 2978, § 56, effective August 10.
Editor's note: This section is similar to former § 23-31-309 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 21-258, see section 1 of chapter 238, Session Laws of Colorado 2021.
24-33.5-1226.5. Career and education information - peer mentor program - inmate disaster relief program participants. (1) (a) On or before July 1, 2022, the division shall develop informational materials to increase awareness of wildland fire career opportunities for persons who acquired experience in wildland fire services through the inmate disaster relief program, described in section 17-24-124.
(b) The informational materials must include a description of wildland fire career opportunities, minimum qualifications for wildland fire career opportunities, and how a person may pursue and acquire minimum qualifications for wildland fire career opportunities.
(c) The division shall make the informational materials available to the department of corrections. The department of corrections shall distribute the informational materials to persons who have experience in wildland fire services through the inmate disaster relief program.
(2) The division is encouraged to hire persons who acquired experience in wildland fire services through the inmate disaster relief program, described in section 17-24-124, for positions performing wildland fire services.
(3) The division shall develop and implement a peer mentor program for persons hired who acquired experience in wildland fire services through the inmate disaster relief program. The program must provide to the participant a resource for developing and sustaining professional skills.
Source: L. 2021: Entire section added, (SB 21-012), ch. 29, p. 122, § 3, effective April 15.
24-33.5-1227. Wildfire preparedness fund - creation - gifts, grants, and donations authorized - wildfire preparedness plan - report. (1) (a) (I) There is hereby created in the state treasury the wildfire preparedness fund. The fund consists of all money that may be appropriated thereto by the general assembly, all private and public money received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund, all money transferred to the fund from the healthy forests and vibrant communities fund created in section 23-31-313 (10), money transferred pursuant to subsection (1.5)(a) of this section, and money transferred pursuant to subsections (1)(a)(II) and (1)(a)(III) of this section. All interest earned from the investment of money in the fund shall be credited to the fund. The money in the fund is hereby continuously appropriated for the purposes indicated in this section. Any money not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.
(II) On July 1, 2017, and July 1, 2018, the state treasurer shall transfer eighty-six thousand three hundred sixty-four dollars from the general fund to the wildfire preparedness fund.
(III) On March 21, 2021, the state treasurer shall transfer three million dollars from the general fund to the wildfire preparedness fund.
(b) By executive order or proclamation, the governor may access and designate money in the wildfire preparedness fund for wildfire preparedness activities; except that money in the wildfire preparedness fund that has been transferred from the healthy forests and vibrant communities fund created in section 23-31-313 (10) may be used only for the purposes set forth in subsection (1)(c)(II) of this section, and except as set forth in subsection (1)(c)(IV) of this section. The division shall implement the directives set forth in such executive order or proclamation. As soon as practicable after issuing the executive order or proclamation, the governor shall notify the joint budget committee of any money so accessed and designated.
(c) (I) Except as provided in subparagraph (II) of this paragraph (c), the division may use the moneys in the wildfire preparedness fund to provide funding or reimbursement for the purchase of fire shelters by volunteer fire departments in order to comply with applicable federal requirements.
(II) The division shall use money in the wildfire preparedness fund transferred from the healthy forests and vibrant communities fund created in section 23-31-313 (10) to:
(A) Increase upgrades to fire engines acquired through the federal excess personal property program that are on loan to local fire departments;
(B) Increase technical assistance in wildland fire preparedness to counties, municipalities, and fire protection districts; and
(C) Ensure, in conjunction with the wildfire preparedness plan developed pursuant to subsection (2) of this section, that state firefighting equipment is fully operational and both available to and coordinated with the equipment capacities of fire protection districts and that county, municipality, and fire protection districts personnel are fully trained in the use of such equipment.
(III) The division may use moneys in the wildfire preparedness fund for the purpose of training, equipping, or supervising one or more hand crews employed by veterans' fire corps programs in Colorado for wildland fire mitigation and suppression.
(IV) The division of homeland security and emergency management shall use the money transferred to the wildfire preparedness fund in accordance with subsection (1)(a)(III) of this section:
(A) As the state match for federal hazard mitigation assistance grants to local governments that are used to mitigate wildland fire hazards; and
(B) To provide local governments that are eligible to receive the federal grants specified in subsection (1)(c)(IV)(A) of this section with strategic planning assistance for wildland fire hazard mitigation.
(d) The general assembly finds that the implementation of this section does not rely on the receipt of adequate funding through gifts, grants, or donations. Therefore, the notice requirements specified in section 24-75-1303 (3) are inapplicable to the wildfire preparedness fund.
(1.5) (a) At the end of any state fiscal year commencing with the 2022 state fiscal year, the state treasurer shall transfer any money in the aviation resources line of the annual general appropriation act for that same state fiscal year that would otherwise revert to the general fund into the wildfire preparedness fund created in subsection (1)(a) of this section. Money transferred by the state treasurer into the wildfire preparedness fund in accordance with this subsection (1.5)(a) must be used for the purpose of traditional mitigation efforts including but not limited to maintaining staff and necessary equipment for prescribed fire projects; mechanical and other fuels treatment projects; project planning, coordination, and agreements; and community assistance and planning efforts. As long as money transferred into the wildfire preparedness fund pursuant to this subsection (1.5)(a) is being expended for one of the purposes specified in this subsection (1.5)(a), the division may allocate the money to any such purpose as will maximize the impact of such funding as the division may determine in its sole discretion.
(b) Not less than once every three years commencing January 15, 2025, the division shall report to the joint budget committee concerning the amount of money transferred into the wildfire preparedness fund pursuant to subsection (1.5)(a) of this section during the prior three-year period, the amount expended by the division from the money transferred into it, and the purposes for which the money has been expended.
(2) (a) To effectively implement section 24-33.5-1226 and to provide recommendations to the governor related to use of the disaster emergency fund pursuant to section 24-33.5-706 and the wildfire preparedness fund created in subsection (1) of this section, the director, a representative of the county sheriffs of Colorado, a representative of the Colorado state fire chiefs' association, the director of the office of emergency management created in part 7 of this article, and the adjutant general or his or her designee shall collaborate to develop a wildfire preparedness plan designed to address the following:
(I) The amount of aerial firefighting resources necessary for the state of Colorado at times of high and low wildfire risk;
(II) The availability of appropriate aerial firefighting equipment and personnel at times of high fire risk to respond to a wildfire;
(III) The availability of state wildfire engines and staffing of the engines at different levels of wildfire risk;
(IV) The availability of wildfire hand crews, including state inmate wildfire hand crews, at different levels of wildfire risk; and
(V) A process for ordering and dispatching aerial firefighting equipment and personnel that is consistent with, and supportive of, the statewide all-hazards resource mobilization plan prepared pursuant to section 24-33.5-705.4.
(b) The wildfire preparedness plan recommendations developed pursuant to paragraph (a) of this subsection (2) shall be updated each March 15. Notwithstanding section 24-1-136 (11), the director shall submit a written report of the wildfire preparedness plan to the governor and the members of the general assembly no later than each April 1.
(c) The director, the representative of the county sheriffs of Colorado, the representative of the Colorado state fire chiefs' association, the director of the office of emergency management created in part 7 of this article, and the adjutant general or his or her designee shall not receive additional compensation for the collaboration required by this subsection (2) for the development of the wildfire preparedness plan.
(3) The director may enter into agreements to provide firefighting services, including personnel or firefighting aircraft, engines, or other vehicles to federal, state, or local agencies. Any moneys received pursuant to such agreements shall be credited to the wildland fire cost recovery fund created in section 24-33.5-1220 (4).
(4) Procedures governing the development, adoption, and implementation of community wildfire protection plans by county governments are specified in section 30-15-401.7, C.R.S. Nothing in this section affects section 30-15-401.7, C.R.S.
Source: L. 2013: Entire section added, (SB 13-270), ch. 250, p. 1315, § 4, effective May 23. L. 2014: (1)(a), (1)(b), and (1)(c) amended, (SB 14-154), ch. 313, p. 1355, § 2, effective May 31. L. 2015: (1)(c)(III) added, (SB 15-205), ch. 184, p. 602, § 4, effective May 12. L. 2017: (1)(a) amended, (SB 17-259), ch. 190, p. 691, § 5, effective May 3. L. 2018: (1)(a)(II) amended, (HB 18-1338), ch. 201, p. 1309, § 5, effective May 4; (1)(a)(I) amended, (HB 18-1375), ch. 274, p. 1709, § 44, effective May 29. L. 2021: (1)(a)(I) and (1)(b) amended and (1)(a)(III) and (1)(c)(IV) added, (SB 21-054), ch. 18, p. 95, § 2, effective March 21; (1)(a)(I), (1)(b), and IP(1)(c)(II) amended, (SB 21-281), ch. 255, p. 1502, § 11, effective June 18; (1)(a)(I) amended and (1.5) added, (SB 21-166), ch. 287, p. 1702, § 6, effective June 22.
Editor's note: (1) This section is similar to former § 24-33.5-1226 (3), (4), and (5) as it existed prior to 2013.
(2) Amendments to subsection (1)(a)(I) by SB 21-054, SB 21-281, and SB 21-166 were harmonized. Amendments to subsection (1)(b) by SB 21-054 and SB 21-281 were harmonized.
Cross references: (1) For the short title (Veterans Fire Corps Act) and the legislative declaration in SB 15-205, see sections 1 and 2 of chapter 184, Session Laws of Colorado 2015.
(2) For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.
24-33.5-1228. Colorado firefighting air corps - creation - powers - aircraft acquisitions required - center of excellence - unmanned aircraft systems study and pilot program - Colorado firefighting air corps fund - creation - report - rules - repeal. (1) There is hereby created in the division the Colorado firefighting air corps, also referred to in this section as the C-FAC.
(2) (a) The division may:
(I) Purchase, acquire, lease, or contract for the provision of firefighting aircraft, facilities, equipment, and supplies for aerial firefighting; and
(II) Retrofit, maintain, staff, operate, and support the firefighting aircraft or contract for the provision of those services.
(b) (I) The director may enter into agreements with federal agencies or other states for the provision of the C-FAC's firefighting aircraft when the aircraft are not being utilized for fires or other emergencies in Colorado.
(II) The director shall establish reimbursement rates for the direct and indirect costs of providing aircraft from the C-FAC that are requested through the interagency dispatch system or pursuant to an agreement described in subparagraph (I) of this paragraph (b). All reimbursements shall be credited to the Colorado firefighting air corps fund created in subsection (3) of this section.
(c) The director may fulfill any of the duties contained in paragraph (a) of this subsection (2) through the use of public-private partnerships with one or more private or public entities.
(2.5) (a) Within eighteen months after May 12, 2014, the division shall operate a center of excellence for advanced technology aerial firefighting, also referred to in this section as the center of excellence, based on the innovations proposed, analyzed, reviewed, evaluated, or implemented by the C-FAC in the technology, tactics, and economics of aerial resources, particularly in connection with the activities described in subparagraphs (I) and (II) of paragraph (a) of subsection (2) of this section. The executive director shall include in his or her annual report required under section 2-7-203, C.R.S., an update regarding the center of excellence, including the center's activities, findings, and needs.
(b) The center of excellence shall perform, but is not limited to, the following functions:
(I) Serve as an integrated repository for science-based evaluation of the three fundamental contributing factors to successful aerial firefighting: Effectiveness, efficiency, and sustainability;
(II) Review current regular research and assessment projects to evaluate:
(A) New and existing technologies for integration into tactical fire scenarios in a variety of settings, such as initial attack, night operations, and operations in wildland urban interface areas; and
(B) Sustainable contracting and value propositions to determine which technologies and contract vehicles are most advantageous and cost-effective to entities performing or providing aerial firefighting;
(III) Review current data and documentation on science and technology relevant to aerial firefighting and make the results of the center of excellence's research and assessment projects available to persons interested in aerial firefighting effectiveness, efficiency, and sustainability, including fire managers, policy decision-makers, scientists, students, and any other requesting persons; and
(IV) Establish and support a Colorado wildland fire prediction and decision support system in accordance with section 24-33.5-1232.
(V) Develop and implement a Colorado team awareness kit for interested public safety agencies in the state.
(c) (I) In addition to performing the functions described in subsection (2.5)(b) of this section, upon receiving sufficient money in the form of gifts, grants, and donations, the center of excellence shall conduct a study concerning the integration of unmanned aircraft systems within state and local government operations that relate to certain public-safety functions. At a minimum, the study must:
(A) Identify the most feasible and readily available ways to integrate unmanned aircraft systems technology within local and state government functions relating to firefighting, search and rescue, accident reconstruction, crime scene documentation, emergency management, and emergencies involving significant property loss or potential for injury or death; and
(B) For each application of unmanned aircraft systems that the center of excellence identifies pursuant to subsection (2.5)(c)(I)(A) of this section, include consideration of privacy concerns, costs, and timeliness of deployment.
(II) Not later than one month after completing the study described in subsection (2.5)(c)(I) of this section, the center of excellence shall submit a report describing the results of its study to the wildfire matters review committee created in section 2-3-1602 and the house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee, or any successor committees. The report must address each item described in subsection (2.5)(c)(I) of this section, as well as the results of the unmanned aircraft system pilot program described in subsection (2.5)(d) of this section.
(d) (I) As part of the study described in subsection (2.5)(c)(I) of this section, upon receiving sufficient money in the form of gifts, grants, and donations, on and after June 5, 2017, the center of excellence shall operate an unmanned aircraft system pilot program, referred to within this section as the pilot program, to integrate unmanned aircraft systems within state and local government operations that relate to certain public-safety functions.
(II) As part of the pilot program, the department of public safety shall deploy at least one team of unmanned aircraft system operators to a region within the state that has been designated by the division as a fire hazard. The pilot program must train the unmanned aircraft system operators to operate unmanned aircraft systems in various contexts relating to firefighting, search and rescue, accident reconstruction, crime scene documentation, emergency management, and emergencies involving significant property loss or potential for injury or death. Unmanned aircraft system operators may be compensated by the center during their training.
(III) In operating the pilot program, the center of excellence shall not interfere with any active wildfire suppression effort unless the center is granted permission to assist in such effort by a supervising agency with the authority to grant such permission.
(e) Subject to available appropriations, the center of excellence shall study and, if feasible, implement a system to patrol the airspace above a wildland fire. The patrol system must be capable of determining whether the airspace above wildland fires is clear of obstacles, including private unmanned aircraft systems, that may interfere with aerial firefighting.
(3) (a) The division shall administer the Colorado firefighting air corps fund, which fund is created in the state treasury. The division may seek and accept gifts, grants, reimbursements, investments, bond revenues, sales proceeds, commissions for services, sponsorships, advertising fees, licensing fees, profits, or donations from private or public sources for the purposes of this section. The fund consists of money transferred in accordance with subsection (3)(c) of this section; all money that may be appropriated to the fund by the general assembly; and all private and public funds received through gifts, grants, reimbursements, investments, bond revenues, sales proceeds, commissions for services, sponsorships, advertising fees, licensing fees, profits, or donations that are transmitted to the state treasurer and credited to the fund. The money in the fund is continuously appropriated for the purposes indicated in subsection (3)(c) of this section. Any money not expended at the end of the fiscal year remains in the fund.
(a.5) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado firefighting air corps fund to the Colorado firefighting air corps fund.
(II) Notwithstanding subsection (3)(a) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado firefighting air corps fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer four hundred sixty-six thousand nine hundred sixty dollars from the Colorado firefighting air corps fund to the general fund.
(B) This subsection (3)(a.5)(III) is repealed, effective July 1, 2026.
(b) The general assembly finds that the implementation of this section does not rely entirely on the receipt of adequate funding through gifts, grants, or donations. Therefore, the division is not subject to the notice requirements specified in section 24-75-1303 (3).
(c) (I) Except as provided in subsection (3)(c)(III) of this section, the division shall use the money in the Colorado firefighting air corps fund for the purposes of subsection (2.5) of this section and for paying the direct and indirect costs of maintaining the Colorado firefighting air corps, including expenses associated with acquisition, retrofitting, labor, equipment, supply, transportation, air, mobilization, repair, maintenance, and demobilization.
(II) On March 21, 2021, the state treasurer shall transfer thirty million eight hundred thousand dollars from the general fund to the Colorado firefighting air corps fund created in subsection (3)(a) of this section. The division shall use the money transferred pursuant to this subsection (3)(c)(II) for the following purposes:
(A) The purchase by the division of a fire hawk helicopter configured for wildfire and other public safety response needs; and
(B) The leasing by the division of a type 1 helicopter or other available and appropriate aviation resource configured for wildfire mitigation in advance of the 2021 wildfire season and for the operational costs associated with the use of the leased and purchased aviation resources.
(III) Within three days of May 17, 2022, the state treasurer shall transfer fifteen million five hundred thousand dollars from the disaster emergency fund created in section 24-33.5-706 (2)(a) to the Colorado firefighting air corps fund created in subsection (3)(a) of this section. Notwithstanding any other requirement of this section, the division shall use the money transferred pursuant to this subsection (3)(c)(III) for the following purposes in fiscal year 2021-22 and in fiscal year 2022-23:
(A) Establishing and maintaining a statewide fire dispatch center to ensure rapid response of fire-based resources to emerging wildfire and all-hazard incidents in support of local, county, state, and federal agencies in Colorado in accordance with section 24-33.5-1203 (1)(x);
(B) The leasing by the division of appropriate aviation resources configured for wildfire suppression, for the operational costs associated with the use of the leased and purchased aviation resources, and the costs associated with leasing, purchasing, or owning capital infrastructure to house the aviation resources; and
(C) Expanding and further implementing the Colorado team awareness kit systems in accordance with subsection (2.5)(b)(V) of this section.
(IV) On May 12, 2023, the state treasurer shall transfer twenty-six million dollars from the general fund to the Colorado firefighting air corps fund created in subsection (3)(a) of this section. The division shall use the money transferred pursuant to this subsection (3)(c)(IV) for the purpose of purchasing a fire hawk helicopter configured for wildfire and other public safety response needs.
(d) The Colorado firefighting air corps fund is exempt from the limitations set forth in section 24-75-402.
(4) The director shall include, in his or her annual report to the wildfire matters review committee required under section 24-33.5-1203.5 (3), an update regarding the division's activities under this section, including the number and type of aerial firefighting resources acquired or contracted for during the fire season in which the committee meets, an assessment of the effectiveness of the aerial firefighting program, an estimate of anticipated budget and other resource needs to sustain or improve the C-FAC's operations, and other information related to aerial firefighting that the director deems pertinent.
(5) (a) As soon as practicable after May 12, 2014, the division shall acquire or contract for firefighting aircraft for use during the 2014 fire season. In making such acquisitions or contracts, the division shall adhere, as nearly as feasible and appropriate and within available appropriations, to the recommendations made in the division's special report: Colorado firefighting air corps, report to the governor and general assembly on strategies to enhance the state's aerial firefighting capabilities, dated March 28, 2014; except that nothing in this subsection (5):
(I) Requires the director to contract for exclusive use of any aircraft; or
(II) Limits the director's ability to determine the actual number, kind, type, and location of aviation assets based on preparedness levels, wildfire risk and activity, weather, location of other aerial assets, available appropriations, and other appropriate criteria.
(b) Nothing in this subsection (5) abrogates, reduces, or otherwise affects the division's powers under subsection (2) of this section with regard to subsequent fire seasons, including the authority to obtain or arrange for suitable aircraft and associated resources.
(c) In addition to the acquisitions or contracts made pursuant to paragraph (a) of this subsection (5), the division may use any appropriations for the Colorado firefighting air corps for the center of excellence described in subsection (2) of this section.
(6) The division shall seek to maximize its aerial firefighting capacity consistent with the recommendations of the director and within the division's available budget.
(7) The director may establish general statements of policy or promulgate rules as he or she deems necessary or convenient to implement this section, including specifying additional functions to be performed by, or methods of operation of, the center of excellence created in subsection (2) of this section. Rules shall be adopted in accordance with article 4 of this title.
Source: L. 2013: Entire section added, (SB 13-245), ch. 412, p. 2446, § 2, effective June 5. L. 2014: (2.5), (5), (6), and (7) added and (3)(a) and (4) amended, (SB 14-164), ch. 176, p. 645, § 2, effective May 12. L. 2015: (2.5)(b)(II)(B) and (2.5)(b)(III) amended and (2.5)(b)(IV) added, (HB 15-1129), ch. 206, p. 745, § 3, effective May 20. L. 2017: (2.5)(c) and (2.5)(d) added and (3) amended, (HB 17-1070), ch. 326, p. 1751, § 2, effective June 5. L. 2018: (3)(d) added, (SB 18-202), ch. 174, p. 1206, § 1, effective April 30. L. 2019: (2.5)(e) added, (SB 19-020), ch. 428, p. 3729, § 1, effective August 2. L. 2021: (3)(a) and (3)(c) amended, (SB 21-113), ch. 17, p. 93, § 2, effective March 21. L. 2022: (2.5)(b)(V) and (3)(c)(III) added and (3)(c)(I) amended, (SB 22-206), ch. 173, p. 1157, § 8, effective May 17. L. 2023: (3)(c)(IV) added, (SB 23-161), ch. 178, p. 874, § 1, effective May 12. L. 2025: (3)(a) amended and (3)(a.5) added, (SB 25-317), ch. 385, p. 2146, § 16, effective June 3.
Editor's note: Section 2 of House Bill 17-1070 incorrectly states that it adds subsection (2)(d) when the actual provision it adds is subsection (2.5)(d).
Cross references: For the legislative declaration in HB 15-1129, see section 1 of chapter 206, Session Laws of Colorado 2015. For the legislative declaration in HB 17-1070, see section 1 of chapter 326, Session Laws of Colorado 2017. For the legislative declaration in SB 22-206, see section 1 of chapter 173, Session Laws of Colorado 2022. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-33.5-1229. Lump-sum death benefits for seasonal wildland firefighters - definition - rules. (1) If the director determines that an eligible seasonal wildland firefighter has died as the direct and proximate result of a personal injury sustained in the line of duty in Colorado, the division shall pay a benefit of ten thousand dollars as follows, if the payee indicated is living on the date on which the determination is made:
(a) If there is no child who survived the seasonal wildland firefighter, to the surviving spouse of the seasonal wildland firefighter;
(b) If there is at least one child who survived the seasonal wildland firefighter and a surviving spouse of the seasonal wildland firefighter, fifty percent to the surviving child or children, in equal shares, and fifty percent to the surviving spouse;
(c) If there is no surviving spouse of the seasonal wildland firefighter, to the surviving child or children, in equal shares;
(d) If there is no surviving spouse of the seasonal wildland firefighter and no surviving child:
(I) To the surviving individual or individuals designated by the seasonal wildland firefighter in the most recently executed designation of beneficiary on file at the time of death with the governing body or state agency, apportioned in accordance with the designation of beneficiary or, if apportionment is not indicated, in equal shares; or
(II) If there is no individual qualifying under subparagraph (I) of this paragraph (d), to the surviving beneficiaries under the most recently executed life insurance policy of the seasonal wildland firefighter on file at the time of death with the governing body or state agency, apportioned in accordance with the insurance policy or, if apportionment is not indicated, in equal shares;
(e) If there is no individual qualifying under paragraph (a), (b), (c), or (d) of this subsection (1), to the surviving parent or parents, in equal shares, of the seasonal wildland firefighter.
(2) (a) Eligibility for payment in accordance with subsection (1) of this section also extends to the survivor or survivors of a seasonal wildland firefighter who dies after separation from service with the governing agency body or state agency if the death resulted from an injury sustained in the line of duty in Colorado.
(b) For purposes of this section, notwithstanding section 24-33.5-1202 (12.5), while not employees or volunteers of the department of corrections or the state, seasonal wildland fighter also includes members of the Colorado correctional industries' state wildland inmate fire team crews, also known as SWIFT crews. Any compensation made for the death of a SWIFT crew member shall be the exclusive remedy from the state, any state entity, or any state employee for the death.
(3) No benefit shall be paid under this section if:
(a) The fatal or catastrophic injury was caused by the intentional misconduct of the seasonal wildland firefighter or by his or her intention to bring about his or her own death, disability, or injury; or
(b) The seasonal wildland firefighter was voluntarily intoxicated or under the influence of an illegal substance at the time of his or her fatal or catastrophic injury.
(4) (a) The director may make payments under this section from any fund the director administers, and that fund will be reimbursed by a regular or supplemental appropriation by the general assembly. The division is also authorized to purchase a group life insurance policy to provide benefits in accordance with this section.
(b) A payment under this section cannot be used to offset or reduce payments available from any other source, including a public disability plan or insurance plan, private disability plan or insurance plan, or benefits provided under Colorado's workers' compensation law.
(5) The director may adopt rules as necessary to implement this section.
Source: L. 2014: Entire section added, (SB 14-047), ch. 41, p. 207, § 4, effective March 20.
Cross references: For the legislative declaration in SB 14-047, see section 1 of chapter 41, Session Laws of Colorado 2014.
24-33.5-1230. Wildfire information and resource center. (1) (a) In order to improve protection of the public by enhancing access to information by homeowners, wildland fire professionals, the media, and educators, there is hereby created in the division the wildfire information and resource center, also referred to in this section as the center.
(b) The center must be operational within sixty days of May 14, 2014.
(2) (a) The center is an online source of wildfire information for homeowners, wildland fire professionals, the media, and educators.
(b) The center's website must include information, or hyperlinks to information, regarding:
(I) Current wildfires in Colorado;
(II) How to prevent and prepare for a wildfire;
(III) Statewide fire danger and current burning restrictions;
(IV) Current prescribed burn activity, with contact information for the responsible agency;
(V) Wildland and prescribed fire training;
(VI) Sources of funding for wildfire mitigation activities; and
(VII) Other information that the director deems pertinent, such as results of local, state, or national research related to wildfire.
(3) The director may fulfill any of the duties contained in subsection (2) of this section through the use of public-private partnerships with one or more private or public entities.
(4) (a) The division is authorized to seek and accept gifts, grants, donations, or reimbursements from private or public sources for the purposes of this section.
(b) The general assembly finds that the implementation of this section does not rely entirely or in any part on the receipt of adequate funding through gifts, grants, or donations. Therefore, the division is not subject to the notice requirements specified in section 24-75-1303 (3).
(5) In addition to the requirements in subsection (2)(b) of this section, the center's website must also include hyperlinks to websites that display emergency information and wildfire updates for each county in Colorado. The division shall coordinate with county governments in order to provide the hyperlinks required by this subsection (5).
Source: L. 2014: Entire section added, (SB 14-008), ch. 178, p. 651, § 2, effective May 14. L. 2025: (5) added, (SB 25-015), ch. 63, p. 263, § 1, effective August 6.
24-33.5-1231. Local firefighter safety and disease prevention fund - creation - grants - rules - report. (1) There is hereby created in the state treasury the local firefighter safety and disease prevention fund. The fund consists of all money that may be appropriated or transferred to the fund by the general assembly and all private and public money received through gifts, grants, or donations that is transmitted to the state treasurer and credited to the fund. The state treasurer shall credit all interest earned from the investment of money in the fund to the fund. The money in the fund is hereby continuously appropriated to the department for the purposes indicated in this section. Any money not expended at the end of each fiscal year remains in the fund and shall not be transferred to or revert to the general fund.
(2) (a) The division shall use the money in the fund to:
(I) Award need-based grants to governing bodies and volunteer fire departments to provide funding or reimbursement for:
(A) Purchasing equipment or replacing damaged or obsolete equipment, including the costs of disposal of damaged and obsolete equipment; and
(B) Providing training designed to increase firefighter safety and prevent occupation-related diseases;
(II) Reimburse a multiple employer behavioral health trust for the direct costs of providing a program pursuant to part 5 of article 5 of title 29. In fiscal year 2022-23, the total reimbursement pursuant to this subsection (2)(a)(II) must not exceed one million dollars. In subsequent fiscal years, the fire service training, certification, and firefighter safety advisory board, created in section 24-33.5-1204 (1) shall make a recommendation to the division based upon the behavioral health-care and safety needs of firefighters as to the amount of money in the fund that may be used for this purpose.
(b) The division may expend up to three percent per year from the fund for its direct and indirect costs in administering the programs authorized by this section. The general assembly intends that the need-based grants from the fund are in addition to, and do not supplant, other sources of funding regarding firefighting.
(3) The director shall promulgate rules governing the award of grants pursuant to subsection (2) of this section, including consideration of:
(a) The recommendations of the fire service training, certification, and firefighter safety advisory board, created in section 24-33.5-1204 (1), concerning the grant application process, funding priorities, and the criteria for awarding grants, subject to the requirements of subsection (3.5) of this section;
(b) How to structure the grant application process, which must include a merit-based, peer-review process with grant reviewers from the Colorado state fire chiefs, Colorado professional fire fighters association, the Colorado state fire fighters association, and individuals with experience as volunteer firefighters in equal representation. The peer reviewers shall make recommendations to the director on the award of grants under the program.
(c) The findings of the Colorado fire service needs assessment, which the division shall conduct at least every other year; and
(d) An applicant's efforts to finance equipment and training designed to increase firefighter safety other than through an award of a grant pursuant to this section.
(3.5) In awarding grants, the division shall give priority to governing bodies and volunteer fire departments that:
(a) Demonstrate the greatest need for additional funding to ensure the safety of volunteer and seasonal firefighters;
(b) Demonstrate a loss of tax revenue due to decreased assessment values as a result of a wildland fire in the fire department's jurisdiction in the previous five years; or
(c) Rely primarily or solely on volunteer firefighters and are serving communities affected by wildland fires.
(4) (a) (I) For fiscal year 2022-23, the general assembly shall appropriate one million dollars from the general fund to the fund for the implementation of this section. In each of fiscal years 2023-24 and 2024-25, the general assembly shall appropriate five million dollars from the general fund to the fund for the implementation of this section. The general assembly may appropriate additional money to the fund as necessary to meet the needs of fire departments across the state.
(II) On or before September 1, 2025, the staff of the joint budget committee shall review the implementation of this section and make a recommendation to the joint budget committee and to the wildfire matters review committee or any successor committee as to the amount of future appropriations to the fund based on the current needs of fire departments across the state.
(b) (I) Subject to available appropriations, the division shall award grants at least once annually in accordance with this section and shall allow governing bodies and volunteer fire departments to submit applications throughout the year on an as-needed basis due to emergent circumstances.
(II) The division may use a portion of the money in the fund to directly purchase and distribute protective equipment to governing bodies and volunteer fire departments to directly pay for training designed to increase firefighter safety and prevent occupation-related diseases for governing bodies and volunteer fire departments or to reimburse governing bodies and volunteer fire departments for the costs of protective equipment and training without requiring a grant application and peer review process pursuant to subsections (2) and (3) of this section. In distributing equipment, paying for training, or providing reimbursement pursuant to this subsection (4)(b)(II), the division shall prioritize governing bodies and volunteer fire departments in accordance with the criteria specified in subsection (3.5) of this section.
(4.5) Repealed.
(5) (a) Notwithstanding any other requirement of this section, the division shall use the money transferred pursuant to subsection (5)(c) of this section to directly purchase and distribute protective equipment to governing bodies and volunteer fire departments, to directly pay for training designed to increase firefighter safety and prevent occupation-related diseases for governing bodies and volunteer fire departments, or to reimburse governing bodies and volunteer fire departments for the costs of protective equipment and training without requiring a grant application and peer review process pursuant to subsections (2) and (3) of this section; except that the division may use the money for any purpose authorized by this section prior to January 1, 2022, if the division determines it cannot use the full amount as otherwise required by this subsection (5)(a).
(b) In distributing equipment, paying for training, or providing reimbursement pursuant to subsection (5)(a) of this section, the division shall prioritize governing bodies and volunteer fire departments that it identifies as having the greatest need for assistance to ensure firefighter safety.
(c) Within three days after March 1, 2022, the state treasurer shall transfer five million dollars from the general fund to the fund.
(6) The division shall submit an annual report on the expenditures from the local firefighter safety and disease prevention fund to the wildfire matters review committee created in section 2-3-1602. The report must include information on the number of grants made and the number of volunteer and paid firefighters in each fire department that received a grant, equipment, or training pursuant to this section. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6) continues indefinitely.
Source: L. 2014: Entire section added, (SB 14-046), ch. 210, p. 785, § 2, effective May 15. L. 2015: (2) and (3)(d) amended, (HB 15-1017), ch. 3, p. 7, § 3, effective March 11. L. 2018: (4) added, (HB 18-1423), ch. 230, p. 1445, § 1, effective May 23; (1) amended, (HB 18-1375), ch. 274, p. 1709, § 45, effective May 29. L. 2022: (1) amended and (5) added, (HB 22-1194), ch. 3, p. 95, § 1, effective March 1; (1), (2), (3)(a), (3)(b), and (4) amended and (3.5) and (6) added, (SB 22-002), ch. 339, p. 2438, § 3, effective June 3; (4.5) added, (HB 22-1132), ch. 344, p. 2461, § 2, effective August 10; (5)(c) amended, (SB 22-212), ch. 421, p. 2988, § 97, effective August 10.
Editor's note: (1) Amendments to subsection (1) by SB 22-002 and HB 22-1194 were harmonized.
(2) Subsection (4.5) provided for the repeal of subsection (4.5), effective January 1, 2025. (See L. 2022, p. 2461.)
24-33.5-1232. Colorado wildland fire prediction and decision support system - definitions - development - contract. (1) As used in this section, unless the context otherwise requires:
(a) Organization means an organization that is organized as a not-for-profit entity or has obtained tax-exempt status under section 501 of the federal Internal Revenue Code of 1986, as amended, and is a Colorado-based research organization focused on research, education, and advanced technology development for atmospheric and related earth sciences. The organization must have the ability to provide environmental predictions and conduct a wide range of hydrologic and weather science. The organization must also have strong environmental modeling and related applied research functionality, including robust ties to the state and national university and science community so as to obtain additional expertise and partnering as needed.
(b) System means the Colorado wildland fire prediction and decision support system.
(c) Users means all government entities.
(2) (a) Beginning with the 2015-16 state fiscal year, the division, through its center of excellence for advanced technology aerial firefighting created in section 24-33.5-1228 (2.5), shall establish and support a Colorado wildland fire prediction and decision support system.
(b) The system must be science based and able to:
(I) Improve the ability of the division to predict wildland fire behavior by taking advantage of technologies emerging from an organization;
(II) Improve the safety and efficiency of the division's operations;
(III) Improve flight operations of the Colorado firefighting air corps created in section 24-33.5-1228 by providing aviation weather hazard information such as updrafts, downdrafts, rotors, and wind shear;
(IV) Enhance mechanisms for communicating wildland fire hazard information to users; and
(V) Integrate wildland fire behavior information with prediction technologies into information infrastructures that serve users.
(c) The division shall assist in the coordination of users across the state to further refine the system.
(d) Notwithstanding the requirements of articles 101 to 112 of this title, no later than December 1, 2015, the director of the division shall enter into a contract to partner with an organization for the establishment and support of the system. The division may not be required to perform work or provide assistance that is outside of the division's scope of responsibilities as established in the contract.
(e) After the contract is entered into, the division and the organization shall further develop the system by including detailed user requirements and user-centric verification metrics and methods and shall build a Colorado-specific framework that includes:
(I) Data ingestion of real-time weather, up-to-date fuel information, and fire detection data;
(II) The capability to easily configure a fire's location, domain size, grid resolution, and fire ignition time; and
(III) Data interfaces and display applications that allow users to view the output on a variety of platforms, including mobile devices and existing applications and systems.
(3) The division may solicit and accept monetary and in-kind gifts, grants, and donations from private or public sources for the purposes of this section. All private and public moneys received by the division through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the Colorado firefighting air corps fund created in section 24-33.5-1228. The gifts, grants, or donations credited to the fund for the purposes of this section are continuously appropriated to the division for the direct and indirect costs associated with the implementation of this section.
Source: L. 2015: Entire section added, (HB 15-1129), ch. 206, p. 743, § 2, effective May 20.
Cross references: For the legislative declaration in HB 15-1129, see section 1 of chapter 206, Session Laws of Colorado 2015.
24-33.5-1233. Colorado fire commission - creation - powers and duties - report - legislative declaration - repeal. (1) Legislative declaration. (a) The general assembly hereby finds that:
(I) The division has engaged in a two-year, stakeholder-driven strategic planning effort to evaluate fire programs throughout the state and identify areas in which the state can better support its partners;
(II) A commission structure will ensure accountability and create an efficient and streamlined statewide process for issuing recommendations, driving implementation of specific actions and policies, and reporting on progress and lessons learned;
(III) A commission will also help the state to be proactive on wildfire issues, and to develop a comprehensive approach that embraces mitigation, prevention, and preparedness; and
(IV) Establishing a fire commission will allow the state to continue to develop long-term strategies and recommendations on complex fire issues.
(b) Therefore, the general assembly declares that establishing a Colorado fire commission serves the interests of the state and local communities in developing effective strategies for fire prevention, mitigation, preparedness, and suppression.
(2) Commission created. There is hereby created in the division the Colorado fire commission, referred to in this section as the commission.
(3) Membership. (a) The commission consists of twenty-four voting members as follows:
(I) The executive director, or the executive director's designee;
(II) The director, or the director's designee;
(III) The chief of the wildland fire management section in the division, or the chief's designee;
(IV) The state forester, or the state forester's designee, to include relevant information pursuant to section 23-31-316;
(V) The director of the division of homeland security and emergency management, or the director's designee;
(VI) The executive director of the department of natural resources, or the executive director's designee; and
(VII) Eighteen members appointed by the executive director as follows:
(A) Two members appointed from nominees submitted by a statewide organization representing fire chiefs, with one such member representing the western slope and one such member representing the eastern part of the state;
(B) Two members appointed from nominees submitted by a statewide organization representing professional firefighters;
(C) Two members appointed from nominees submitted by a statewide organization representing volunteer firefighters;
(D) Four members appointed from nominees submitted by a statewide organization representing county sheriffs, with at least one such member representing the western slope and at least one such member representing the eastern part of the state;
(E) Two members appointed from nominees submitted by a statewide organization representing counties, with one such member representing the western slope and one such member representing the eastern part of the state;
(F) Two members appointed from nominees submitted by a statewide organization representing municipalities;
(G) Two members appointed from nominees submitted by a statewide organization representing special districts;
(H) One member appointed from nominees submitted by a statewide organization representing emergency managers; and
(I) One member of the 9-1-1 advisory task force established by the public utilities commission.
(b) (I) The executive director shall appoint one nonvoting ex officio member who represents a nonprofit organization with expertise in nationally recognized safety standards.
(II) The executive director shall appoint two nonvoting ex officio members who represent water providers, with one such member representing the western slope and one such member representing the eastern part of the state.
(III) The executive director shall appoint one nonvoting ex officio member who represents the insurance industry.
(IV) The executive director may, in the executive director's discretion, appoint additional nonvoting ex officio members with expertise in the commission's areas of study to aid the commission in fulfilling its duties.
(c) The commission includes the following nonvoting ex officio members:
(I) One representative from the United States forest service;
(II) One representative from the bureau of land management; and
(III) One representative from the national park service.
(d) The executive director shall make initial appointments no later than August 5, 2019. The executive director shall consider geographic representation in appointing members of the commission. The executive director shall ensure, to the extent practicable, that the appointed members represent a balance of expertise in the areas of fire mitigation, prevention, preparedness, local community resiliency, and suppression.
(e) The term of appointments is four years; except that the term of each member initially appointed pursuant to subsections (3)(a)(VII)(C) to (3)(a)(VII)(F) of this section is two years. A member may be reappointed for additional terms. The executive director shall fill any vacancy by appointment for the remainder of the unexpired term. An appointment to fill a vacancy is subject to the requirements set forth for the vacant position in subsection (3)(a)(VII) or (3)(b) of this section, as applicable.
(f) Each member of the commission serves without compensation, but each voting member and each ex officio member appointed pursuant to subsection (3)(b) of this section is entitled to reimbursement for actual and necessary travel expenses incurred in the performance of his or her duties as a member of the commission.
(g) The executive director or his or her designee is the chair of the commission.
(h) The commission shall meet at least once every three months. The chair may call such additional meetings as are necessary for the commission to complete its duties.
(4) Powers and duties. (a) The mission of the commission is to enhance public safety in Colorado through an integrated statewide process focused on the fire service's capacity to conduct fire management and use, preparedness, prevention, and response activities to safeguard lives, property, including utility and communication infrastructure, and natural resources, and increase the resiliency of local and regional communities.
(b) In furtherance of its mission, the commission shall consider the following issues:
(I) Developing an accurate understanding of Colorado's fire problems, including the number of injuries and fatalities, overall fire losses, and the causes and origins of structural and wildland fires;
(II) Reviewing the current emergency fire fund program and providing recommendations to make it more inclusive of counties throughout the state;
(III) Evaluating funding mechanisms for effective response to large fires, with consideration given to appropriate cost-share agreements, financial contributions, mitigation and preparedness, mutual aid participation, and local actions and plans;
(IV) Assessing the capacity of the state to provide emergency fire support and technical expertise to local communities;
(V) Developing performance measures of overall response effectiveness and identifying recommended improvement areas;
(VI) Strengthening regional and statewide coordination of mutual aid resources and initial attack capabilities for fires and other hazards;
(VII) Developing best practice recommendations related to high-risk occupancies for consideration by local jurisdictions and communities, including recommendations related to minimum cooperative agreements and mutual aid resources;
(VIII) In cooperation with the Colorado state forest service and other affected stakeholders, developing and publishing an assessment of fire treatment costs and cost distribution, including the costs of mitigation under emergent and nonemergent circumstances, retreatment costs, and post-recovery costs;
(IX) Developing methodical approaches to and recommendations on Colorado's fire service concerns and issues; and
(X) Forecasting upcoming funding and resource challenges and trends that affect fire services and the ability of the state and of local jurisdictions to respond to fire and mitigate hazards in the short and long term.
(c) (I) The commission may establish task forces to study and make recommendations to the commission on specific subject matter areas within the commission's area of study.
(II) When establishing a task force, the commission shall set forth the purpose of the task force and its membership, area of study, duties, and duration.
(III) The chair shall appoint the members of a task force, with the advice and consent of the commission. The chair may appoint individuals who are not members of the commission to serve on a task force. Members of a task force serve for the duration of the task force. Members of a task force who are not voting members of the commission or ex officio members of the commission appointed pursuant to subsection (3)(b) of this section serve without compensation and without reimbursement for expenses.
(5) Staff support. The division shall provide office space, equipment, and staff services as may be necessary to implement this section.
(6) Reports. (a) On or before August 31, 2020, and on or before August 31 each year thereafter, the commission shall submit a written report to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6)(a) continues until the commission is repealed.
(b) On or before August 31, 2021, and on or before August 31 each year thereafter, the commission shall report to the wildfire matters review committee on its activities and recommendations.
(7) Repeal. This section is repealed, effective September 1, 2033. Before its repeal, this section is scheduled for review in accordance with section 2-3-1203.
Source: L. 2019: Entire section added, (SB 19-040), ch. 429, p. 3731, § 1, effective August 2. L. 2020: (6)(b) amended, (SB 20-214), ch. 200, p. 981, § 5, effective June 30. L. 2024: (7) amended, (HB 24-1272), ch. 416, p. 2849, § 1, effective August 7.
24-33.5-1234. Training restrictions with certain firefighting foams - penalty - exemptions - definitions. (1) Beginning August 2, 2019, a person or fire department may not discharge or otherwise use for training purposes or for testing firefighting foam fire systems class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances. As used in this subsection (1), firefighting foam fire systems means a system designed to provide protection from fire, or for the suppression of fire, through the use of firefighting foam.
(2) A person or fire department who administers a training program which violates subsection (1) of this section is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. A person or fire department who administers a training program which violates subsection (1) of this section repeatedly is subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the local firefighter safety and disease prevention fund created in section 24-33.5-1231.
(3) For purposes of this section, class B firefighting foam, fire department, and perfluoroalkyl and polyfluoroalkyl substances have the same meaning as they are defined in section 25-5-1302.
(4) to (6) Repealed.
Source: L. 2019: Entire section added, (HB 19-1279), ch. 427, p. 3724, § 2, effective August 2. L. 2020: (4), (5), and (6) added, (HB 20-1119), ch. 139, p. 604, § 1, effective June 29.
Editor's note: Subsection (6) provided for the repeal of subsections (4), (5) and (6), effective January 1, 2023. (See L. 2020, p. 604.)
Cross references: For the legislative declaration in HB 19-1279, see section 1 of chapter 427, Session Laws of Colorado 2019.
24-33.5-1235. Regional and statewide mutual aid system - powers and duties of division director - rules - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:
(I) Natural and manmade emergencies that overwhelm or have the potential to overwhelm local fire and EMS resources pose a serious threat to life, property, critical infrastructure, the economy, and the environment across the state;
(II) A systematic, proactive approach to the initial response to such incidents, regardless of cause, location, or complexity, is needed in order to protect life, property, critical infrastructure, the economy, and environment across the state; and
(III) It is essential to the proper management of such incidents to develop a regional and statewide mutual aid system among the various local fire and emergency medical response agencies to ensure rapid coordinated initial response.
(b) The general assembly intends this section to establish a regional and statewide mutual aid system to be administered by the division.
(2) As used in this section, unless the context otherwise requires:
(a) Colorado coordinated regional mutual aid system or CCRMAS means the coordinated regional mutual aid system created in subsection (3) of this section.
(b) Division of fire prevention and control or DFPC means the division of fire prevention and control in the department of public safety created in section 24-33.5-1201.
(c) Emergency incident means a natural or manmade emergency incident that overwhelms or has the potential to overwhelm local fire and EMS resources, which incidents include, without limitation, wildland fires, fires occurring in wildland-urban interface areas, structural fires, tornadoes, floods, explosions, weapons of mass destruction, mass casualty, hazardous materials incidents, technical rescue and extrication, emergency medical transport, and emergency medical services.
(d) (I) Emergency responder means a county improvement district providing fire protection services or other county departments or agencies providing fire or emergency medical services, municipal fire departments, fire protection districts, metropolitan districts providing fire protection services, fire authorities, hazardous material authorities, volunteer fire departments recognized under the Volunteer Fire Department Organization Act in section 24-33.5-1208.5, health services districts providing ambulance services, and ambulance districts.
(II) Emergency responder also includes other public, private, nonprofit, or government organizations that have been accepted into the RSMAS by the director of the division and that provide one or more of the following services in the state of Colorado: Fire suppression; technical rescue; emergency extrication; hazardous materials; or all-hazards emergency response, ambulance, or emergency medical services.
(e) EMS means emergency medical services.
(f) Regional and statewide mutual aid system or RSMAS means a regional and statewide system that provides for the coordinated initial response of emergency responders to emergency incidents.
(3) The director of the division shall establish, implement, and maintain the RSMAS, which authority encompasses the following additional powers and duties, without limitation:
(a) Implementing the Colorado coordinated regional mutual aid system. The CCRMAS establishes geographic areas within the state to be known as DFPC districts. Each DFPC district must be operated by a regional mutual aid coordinator, who shall ensure that a competent mutual aid plan for fire, EMS, and emergency responders exists in each DFPC district and who shall serve as the point of contact within the DFPC district and coordinate mutual aid requests. The duties of each regional mutual aid coordinator shall include without limitation:
(I) Gathering and providing information for a statewide common operating picture;
(II) Coordinating, assisting, and bridging gaps with the interagency dispatch system;
(III) Coordinating with the office of emergency management created in section 24-33.5-705 (1) to ensure efficient and effective implementation and integration of the mobilization plan required by section 24-33.5-705.4 (3)(a) and other state and local emergency operations plans, as appropriate.
(IV) Facilitating transition from initial attack and mutual aid response to extended attack and large scale resource mobilization;
(V) Developing mutual aid plans where none exist;
(VI) Ensuring an accurate inventory of resources in the region and ensuring the inventory is included in the mobilization system described in section 24-33.5-705.4;
(VII) Ensuring the participation of all agencies;
(VIII) Exercising existing and newly developed mutual aid plans; and
(IX) Activating mutual aid plans within a region in response to requests;
(b) Establishing, staffing, and maintaining a state coordination center, which center is responsible for the overall coordination of the RSMAS and CCRMAS, including the oversight and coordination with the DFPC districts and the regional mutual aid coordinators;
(c) Establishing the mechanisms by which an emergency responder can activate the RSMAS and CCRMAS; and
(d) Promulgating rules for the appropriate implementation, operation, and maintenance of the RSMAS and CCRMAS.
(4) (a) Unless an emergency responder has opted out of the RSMAS and CCRMAS in accordance with subsection (4)(c) of this section, all emergency responders are part of the RSMAS and CCRMAS. An emergency responder is relieved from any duty to make its equipment and personnel available if the emergency responder determines that such equipment and personnel:
(I) Are needed within the emergency responder's service area;
(II) Are not available because of their prior use at another location; or
(III) Are not available because of equipment mechanical break down, insufficient personnel, or otherwise.
(b) An emergency responder shall determine whether any personnel and equipment must be provided and, if so, the specific personnel and equipment that will be provided.
(c) An emergency responder, including an emergency responder that the director of the division has previously accepted into the RSMAS and CCRMAS, may opt out of the RSMAS and CCRMAS by submitting to the director of the division written notice of the emergency responder's intent to opt out of the RSMAS and CCRMAS. An emergency responder that opts out of the RSMAS and CCRMAS is only eligible for reimbursement to the extent authorized in the rules promulgated by the director of the division.
(d) Nothing in this section affects any other mutual aid agreement that may be entered into by one or more emergency responders.
(e) An emergency responder's provision of personnel under the RSMAS and CCRMAS does not constitute a temporary assignment and section 29-5-105 and sections 29-5-107 to 29-5-110 do not apply to an emergency responder's provision of personnel under the RSMAS and CCRMAS.
(f) Notwithstanding any rule or regulation adopted by the Colorado department of health and environment or any federal or state statute, an emergency responder that is duly licensed to operate an ambulance in a county within the state and is providing such ambulance services pursuant to the RSMAS and CCRMAS is not required to be licensed in any county in which it responds.
(5) The division may seek and accept gifts, grants, reimbursements, or donations from any public or private source for the purpose of this section.
Source: L. 2021: Entire section added, (SB 21-166), ch. 287, p. 1698, § 4, effective June 22.
24-33.5-1236. Wildfire resiliency code board - powers and duties - rules - cash fund - legislative declaration - definitions. (1) Legislative declaration. (a) The general assembly hereby finds and declares that:
(I) Colorado's wildfire risk has continued to increase over the years and more communities are at risk of wildfires;
(II) Colorado wildfires have grown in intensity, frequency, and devastation since the year 2000;
(III) A combined approach of structure hardening and reducing fire risk in the defensible space surrounding structures is necessary to reduce the risk of damage to Colorado communities from the effects of wildfires. This risk includes the loss of life, homes, businesses, and other structures and the loss of jobs and economic vitality. Risk evaluation is based on many factors, including proximity to structures. Hardening structures is the process of making structures more resilient to ignition and involves best practices to protect a structure from the risk of wildfire and to prevent a structure fire from starting a wildfire.
(IV) Building structures, including houses, that are resilient to wildfire risk is as affordable or more affordable than building nonresilient structures and reduces structure loss, the financial investment required to rebuild structures, cost of insurance, and problems related to underinsurance. In light of these financial implications, increasing housing stock with wildfire resilient structures increases and protects the affordable housing stock.
(V) The division and the Colorado fire commission have engaged in a stakeholder-driven strategic planning effort to evaluate the best approach to ensure that Colorado's communities, properties, and structures are protected from the effects of wildfires and have recommended the creation of a wildfire resiliency code board in Colorado; and
(VI) Establishing a code board will allow the state to adopt and enforce best practice approaches to hardening structures and reducing fire risk in the defensible space surrounding structures throughout Colorado while continuing to involve impacted stakeholders in decision-making concerning wildfire resiliency codes. As one of its functions, the code board will endeavor to establish a consistent state-level definition for the wildland-urban interface that can be used by all applicable state agencies.
(b) Therefore, the general assembly declares that establishing a wildfire resiliency code board serves the interests of the state and local communities in constructing safer and more resilient communities and reducing risk to people and property.
(2) Board created. The wildfire resiliency code board, referred to in this section as the board, is created in the division as a type 2 entity, as defined in section 24-1-105. Except as otherwise provided in subsection (4)(b) of this section, the board exercises its powers and performs its duties and functions under the division and the executive director.
(3) Membership. (a) The board consists of twenty-one voting members who must be residents of Colorado, appointed as follows:
(I) Three members representing Colorado building codes professionals, including:
(A) One representing rural communities, appointed by the speaker of the house of representatives;
(B) One representing urban communities, appointed by the president of the senate; and
(C) One architect with experience using wildfire resiliency codes in the state who represents a statewide organization for architects, appointed by the executive director;
(II) Three members, two of which are either a fire marshal, fire chief, or fire engineer and one of which has specialized expertise in wildland fire behavior or wildfire mitigation science and strategies, each appointed by the executive director;
(III) One member representing a statewide organization for home building professionals, appointed by the minority leader of the senate;
(IV) One member representing a statewide organization for commercial building professionals, appointed by the speaker of the house of representatives;
(V) One member representing Colorado land use or community planning professionals, appointed by the executive director;
(VI) One member representing hazard mitigation professionals, appointed by the executive director;
(VII) Six members representing Colorado local governments, including:
(A) One municipal representative representing rural communities who is appointed by the minority leader of the house of representatives, and one county representative representing rural communities who is appointed by the minority leader of the senate;
(B) One municipal representative representing urban communities who is appointed by the speaker of the house of representatives and one county representative representing urban communities who is appointed by the president of the senate; and
(C) One municipal and one county representative representing a municipality and a county that, prior to September 30, 2023, has adopted a code that provides, minimally, for wildfire resilient structures and best practices, each appointed by the executive director;
(VIII) One member representing a statewide association of property and casualty companies, appointed by the minority leader of the house of representatives;
(IX) One member representing the building trades, appointed by the executive director;
(X) One member representing a statewide association of nonprofit utilities, appointed by the president of the senate;
(XI) One member representing an investor-owned utility, appointed by the speaker of the house of representatives; and
(XII) One member representing a nonprofit home builder for affordable home ownership that serves populations with incomes under eighty percent of an area's median income, appointed by the executive director.
(b) The board includes the following nonvoting ex officio members:
(I) The director or the director's designee;
(II) The state forester or the state forester's designee; and
(III) The director of the Colorado resiliency office created in section 24-32-121 or the director's designee.
(c) Initial appointments must be made no later than September 30, 2023. In addition to the requirements set forth in subsection (3)(a) of this section, and notwithstanding the requirements set forth in subsection (3)(g) of this section, individuals initially appointed to the board must reside or work within an area of the state that is at high risk for wildfire as determined with input from the Colorado state forest service, and subsequently appointed members must reside or work in areas of the state within the wildland-urban interface as defined by the board pursuant to subsection (4)(b)(I) of this section.
(d) The term of appointments for appointed members is three years; except that the terms shall be staggered so that no more than seven members' terms expire in one year. A member may be reappointed for one additional term. In the event of a vacancy, the applicable person authorized to appoint a member or members as set forth in subsection (3)(a) of this section for the applicable position that is vacant shall appoint a new member to the vacant position for the remainder of the unexpired term. A member appointed to fill a vacancy must meet the qualifications for the vacant position.
(e) Each member of the board serves without compensation but is entitled to reimbursement from the wildfire resiliency code board cash fund created in subsection (8) of this section for actual and necessary travel expenses incurred in the performance of the member's duties as a member of the board.
(f) The executive director shall appoint the chair of the board.
(g) In addition to the requirements of this subsection (3), when making appointments to the board, reasonable efforts must be made to appoint members who reflect the geographic and demographic diversity of the entire state.
(4) Powers and duties. (a) The mission of the board is to ensure that Colorado communities are safer from and more resilient to wildfires by reducing the risk to people and property through the adoption of statewide codes and standards based on best practice approaches to hardening structures and reducing fire risk in the defensible space surrounding structures in the wildland-urban interface in Colorado.
(b) In furtherance of its mission, the board shall promulgate rules in accordance with article 4 of this title 24 concerning the adoption of minimum codes and standards for hardening structures and reducing fire risk in the defensible space surrounding structures in the wildland-urban interface in Colorado. Notwithstanding section 24-1-105 (1)(c) or any other law to the contrary, the rules promulgated by the board are not subject to approval or modification by the director or the executive director. At a minimum, the rules must:
(I) Define the wildland-urban interface and identify the areas of Colorado that are included within it; except that, notwithstanding the area that the board identifies as included within the wildland-urban interface, any thirty-five acre parcel with only one residential structure on it that does not abut a residential or commercial area is exempt from adherence to the codes. In defining Colorado's wildland-urban interface, the board may consider best practices including but not limited to practices of other states and the federal government; regional differences and risks within the state; environmental, health, and safety impacts; any existing definitions of the term wildland-urban interface; and individual risk profiles identified by the Colorado state forest service. The definition of the wildland-urban interface shall be updated once every three years, as the board determines may be necessary.
(II) Adopt minimum codes and standards, referred to in this section as the codes, that must:
(A) Be based on best practices to reduce the risk to life and property from the effects of wildfires;
(B) Take into consideration the fiscal impacts of adopting such codes, including but not limited to cost impacts for cities, counties, and property owners related to construction costs, insurance coverage, and reduction of risk for damage or loss of structures from fires, and take into consideration regional risk profiles within the state, environmental impacts, existing model codes, regional differences in affordability, density, and existing building and property maintenance codes, and health and safety impacts;
(C) Apply to permitting and inspections for new construction of structures or defensible space around structures and for new construction for an external addition, alteration, or repair to a structure or the defensible space around the structure in accordance with this subsection (4)(b)(II)(C). Compliance with the codes is required for permits and inspections in connection with increasing the footprint of a structure by five hundred square feet, including adding attachments to the structure. Compliance with the codes is required for permits and inspections in connection with an alteration or repair to the exterior of an existing structure, or an attachment to it, if twenty-five percent or more of the exterior of the structure or the attachment to it is affected by the alteration or repair. Compliance with the codes is required for the addition of a wooden deck to a structure. The codes shall not apply to interior alterations of existing structures.
(D) Be initially adopted by the board no later than July 1, 2025, and reviewed by the board every three years and updated or supplemented as the board determines may be necessary;
(III) Identify the range of hazards and the types of buildings, entities, and defensible space around structures within the wildland-urban interface to which the codes apply;
(IV) Establish the process by which a governing body may petition the board for a modification to the codes in accordance with section 24-33.5-1237 (3);
(V) Establish the criteria and process for the board to deny or grant an appeal from a decision by the board on a petition for modification made pursuant to the rules adopted in accordance with subsection (4)(b)(IV) of this section; and
(VI) Establish criteria and parameters consistent with sections 24-65.1-105 and 29-20-108 for expedited consideration or approval of an exemption from the code for activities or investments related to repair, replacement, or hardening of existing utility infrastructure primarily within existing transmission routes that mitigate wildfire risk.
(c) In addition to promulgating the rules required by subsection (4)(b) of this section, the board shall:
(I) When promulgating rules pursuant to subsection (4)(b) of this section, collaborate with:
(A) The division of insurance created in section 10-1-103 (1);
(B) The department of local affairs; and
(C) The energy code board established in section 24-38.5-401 (2);
(II) Pursuant to the board's collaboration with the energy code board as required by subsection (4)(c)(I)(C) of this section, the board shall work with the energy code board to identify any conflicts between codes developed by the energy code board pursuant to section 24-38.5-401 (5) and (6) and rules promulgated by the board and make best efforts to resolve any conflicts;
(III) Consider opportunities to incentivize and support governing bodies in adopting more stringent codes than the codes adopted in accordance with subsection (4)(b)(II) of this section;
(IV) Receive petitions for modification of the codes and standards submitted by governing bodies in accordance with section 24-33.5-1237 (3) and rules adopted by the board pursuant to subsection (4)(b) of this section; and
(V) Review appeals, conduct hearings, and issue decisions in accordance with section 24-33.5-1237 and rules adopted by the board pursuant to subsection (4)(b) of this section.
(d) Properties with a certificate of occupancy are not required to be in compliance with the codes prior to the sale or transfer of a property.
(e) Except as otherwise provided in this section and in section 24-33.5-1237, the board is not authorized to make or adopt land use policies.
(f) The board shall hold hearings to allow for statewide public input and shall proactively solicit public feedback when promulgating rules pursuant to this section.
(g) The board shall not approve final adoption of the codes, or any updates or supplements to the codes pursuant to subsection (4)(b) of this section, until at least three statewide public hearings have been held, including at least one hearing held in a location west of the continental divide and at least one hearing held in a location east of the continental divide and either south of El Paso county's southern boundary or east of Arapahoe county's eastern boundary. Members of the board may participate electronically and the board shall establish rules to provide for the necessary elements for electronic attendance at hearings.
(5) Staff support. The division and the Colorado fire commission shall provide office space, equipment, and staff services as necessary to implement this section. The division shall provide assistance to the board in maintaining a publicly accessible website that must contain current information on actions taken by the board and current information about the codes.
(6) Reports. (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before September 30, 2024, and on or before September 30 each year thereafter, the board shall submit a written report to the wildfire matters review committee created in section 2-3-1602 and the director on its activities, actions, and recommendations for improvement.
(b) The report required by subsection (6)(a) of this section must include information concerning:
(I) Definitions adopted by the board;
(II) Performance metrics adopted and used by the board; and
(III) Compliance with the codes adopted by the board, including:
(A) A list of governing bodies that have adopted a code that meets the minimum standards set forth in the codes;
(B) A list of governing bodies that have adopted a code that exceeds the minimum standards set forth in the codes;
(C) A list of any governing bodies that the board believes to not be in compliance with the requirements set forth in section 24-33.5-1237 (2)(a);
(D) A list of any governing bodies that have approved modifications to the governing body's code by the board and a description of the approved modifications; and
(E) A list of any governing bodies that have applied to the board for a modification to the governing body's code, a description of each proposed modification, and the status of the appeal.
(7) Gifts, grants, and donations. The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section and section 24-33.5-1237. The board shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the wildfire resiliency code board cash fund created in subsection (8) of this section.
(8) Wildfire resiliency code board cash fund. (a) The wildfire resiliency code board cash fund, referred to in this subsection (8) as the fund, is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (8)(d) of this section, money credited to the fund pursuant to this section, money credited to the fund pursuant to section 24-33.5-1237 (2)(d), and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the implementation of this section and of section 24-33.5-1237.
(d) On July 1, 2023, the state treasurer shall transfer two hundred fifty thousand dollars from the general fund to the fund.
(9) As used in this section, unless the context otherwise requires, governing body has the same meaning as set forth in section 24-33.5-1237 (1)(d).
Source: L. 2023: Entire section added, (SB 23-166), ch. 174, p. 854, § 1, effective May 12.
24-33.5-1237. Application of wildfire resiliency codes - enforcement - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Adopting governing body means a governing body that has jurisdiction in an area within the wildland-urban interface and has the authority to adopt building codes or fire codes.
(a.3) Board means the wildfire resiliency code board created in section 24-33.5-1236 (2).
(b) Codes means the minimum codes and standards adopted by the board pursuant to section 24-33.5-1236 (4)(b)(II).
(c) Code board cash fund means the wildfire resiliency code board cash fund created in section 24-33.5-1236 (8).
(c.5) Cooperative agreement means an agreement entered into by the adopting governing body and at least one other entity, such as a third-party contractor or another governing body, that provides for the enforcement of the codes.
(d) Governing body means:
(I) The city council, town council, board of trustees, or other governing body of a city, town, or city and county;
(II) The board of directors of a fire protection district organized pursuant to part 1 of article 1 of title 32;
(III) The governing body of an improvement district that provides fire protection services organized pursuant to part 5 of article 20 of title 30; or
(IV) The board of county commissioners with respect to the area within a county that is outside the corporate limits of a city or town and outside the boundaries of a fire protection district.
(e) Wildland-urban interface has the same meaning as set forth by the board in its rules pursuant to section 24-33.5-1236 (4)(b)(I).
(2) (a) An adopting governing body shall adopt a code that meets or exceeds the minimum standards set forth in the codes within nine months of the board adopting the codes in accordance with section 24-33.5-1236 (4)(b)(II)(D).
(b) Enforcement of a code adopted pursuant to subsection (2)(a) of this section shall be in accordance with the rules and regulations for code enforcement by the adopting governing body, or through a cooperative agreement. The period to comply with an adopted code shall be in accordance with the rules and regulations of the adopting governing body or within three months of the date the code is adopted by the adopting governing body, whichever is sooner.
(c) The board may review an adopting governing body's codes adopted pursuant to subsection (2)(a) of this section and an adopting governing body's application of the adopted codes to determine compliance with the requirements of this section. Adopting governing bodies shall cooperate with the board and be responsive to any requests for information from the board made pursuant to the board's review set forth in this subsection (2)(c).
(d) Notwithstanding subsection (2)(b) of this section, if an adopting governing body does not have rules and regulations or a cooperative agreement in place for the enforcement of a code adopted pursuant to subsection (2)(a) of this section, the adopting governing body may request support from the division in conducting inspections and enforcing the code pursuant to the division's procedures set forth in section 24-33.5-1213; except that any civil penalty collected pursuant to section 24-33.5-1213 (4) shall be deposited in the code board cash fund. The division may charge a reasonable fee to the property owner for conducting inspections and enforcing the code, and money from the fee shall be deposited in the code board cash fund.
(3) An adopting governing body may petition the board for a modification of the codes within its jurisdiction in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(IV). If the board grants the petition for modification, the modification applies only within the jurisdiction that is granted the modification. The order granting the petition for modification must specify a date on which the modification expires, and the adopting governing body must petition the board before the expiration date to keep the modification in effect, or the board at its discretion and through its own action may extend the modification and specify a new expiration date. An adopting governing body may appeal a denial of a petition to the board in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(V).
(4) The public utilities commission created in section 40-2-101 shall consider application of the codes when carrying out the public utilities law; carrying out and implementing its policies, procedures, and decisions; and meeting any requirements under its jurisdiction.
Source: L. 2023: Entire section added, (SB 23-166), ch. 174, p. 854, § 1, effective May 12. L. 2025: (1)(a), (2), and (3) amended and (1)(a.3) and (1)(c.5) added, (SB 25-142), ch. 367, p. 1987, § 1, effective June 3.
24-33.5-1238. Fire investigation fund - created - rules. (1) The fire investigation fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of any money that may be appropriated to the fund by the general assembly, all private and public money received through gifts, grants, or donations that are transmitted to the state treasurer and credited to the fund, and money transferred to the fund pursuant to subsection (4) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(2) (a) Subject to annual appropriation by the general assembly, the division may expend money from the fund to investigate the causes and origins of fires in the state and to:
(I) Fund state costs associated with providing support to local fire departments in investigating the cause and origin of fires;
(II) Reimburse fire investigators who are not employed by the division but are acting under the direction and coordination of the division at an established rate for assisting in fire cause and origin investigations outside of jurisdiction;
(III) Ensure fire origin and cause data is accurately collected, analyzed, and disseminated; and
(IV) Utilize the data collected as set forth in this section to more effectively prevent or mitigate future fires.
(b) The division shall prioritize the use of money from the fund for fire investigations including but not limited to wildland, structural, vehicle, and other fires, subject to the availability of additional resources and money for such use; except that investigation of all wildland fires must be first prioritized for use of the money expended from the fund.
(3) The director may adopt rules as necessary to implement this section.
(4) The general assembly shall annually appropriate sufficient funds, as determined by the general assembly in the annual general appropriations act, from the general fund to the fund for use by the division to defray the costs to the division in implementing the provisions set forth in subsection (2) of this section.
Source: L. 2023: Entire section added, (SB 23-013), ch. 173, p. 851, § 2, effective May 12.
24-33.5-1239. Wildfire resilient homes grant program - fund - rules - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Fund means the wildfire resilient homes grant program cash fund created in subsection (4)(a) of this section.
(b) Homeowner means a person who owns property on which there is a house and on which there may also be other nonresidential structures that is in the state and located in an area that is susceptible to risk of wildfires.
(c) Program means the wildfire resilient homes grant program created in subsection (2)(a) of this section.
(2) (a) There is hereby created within the division the wildfire resilient homes grant program to provide grants to homeowners for the purpose of retrofitting or otherwise improving a house or other existing nonresidential structures on a homeowner's property with best practice techniques for structure hardening in order to make them more resilient to wildfire risk. To implement the program, the division may use federal funds that are or become available to the division for the same purposes as the purposes of the program.
(b) To receive a grant, a homeowner must submit an application to the division in a form and manner prescribed by the division.
(c) In awarding grants pursuant to the program, the division shall consider the location of the homeowner's property, whether the property is a primary residence of the homeowner, the income or assets from all sources of the homeowner, the type of improvement proposed by the homeowner, and any other criteria established by the division pursuant to subsection (3) of this section. The division may require applicants to provide information on the applicant's income, and the division may prioritize income levels of applicants in awarding grants.
(d) A homeowner who receives a grant pursuant to this subsection (2) shall not use the money for any purpose that is not authorized by this section or by any rules promulgated by the director pursuant to subsection (3) of this section. Upon completion of the retrofit or improvements for which the grant was awarded, a homeowner shall submit to the division a certification of costs and any other documentation the division may require.
(3) The director may adopt rules for the implementation and administration of the program.
(4) (a) The wildfire resilient homes grant program cash fund is hereby created in the state treasury. The fund consists of money appropriated or transferred to the fund by the general assembly, all private and public money received through gifts, grants, or donations that are transmitted to the state treasurer and credited to the fund, and money transferred to the fund pursuant to subsection (5) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(b) Subject to annual appropriation by the general assembly, the division may expend money from the fund for the following purposes:
(I) To award grants for the program; or
(II) To promote strategies and technologies that increase resiliency against wildfires for a house or other nonresidential structures on a property, including for new builds, new construction, or rebuilds, through outreach to homeowners and by preparing educational materials for homeowners.
(5) Repealed.
(6) The division shall submit an annual report on the expenditures from the fund to the wildfire matters review committee created in section 2-3-1602. The report must include information on the number of grants made, outreach the division undertakes to educate homeowners on best practices for structure hardening, details on the retrofits or improvements made by grant recipients, and any federal funds the division used in connection with implementation of the program. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6) continues for the duration of the program.
Source: L. 2023: Entire section added, (HB 23-1273), ch. 175, p. 866, § 2, effective August 7.
Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2024. (See L. 2023, p. 866.)
Cross references: For the legislative declaration in HB 23-1273, see section 1 of chapter 175, Session Laws of Colorado 2023.
24-33.5-1240. Prescribed fire claims cash fund - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Certified prescribed burn manager means a certified burner who is required by section 24-33.5-1217 (3)(a) to attend a prescribed burn or a person qualified by national wildfire coordinating group standards as a prescribed burn boss at the level commensurate with the complexity of the burn who is required by section 24-33.5-1217.5 (1)(c) to be present on the site of a prescribed burn.
(b) Fund means the prescribed fire claims cash fund created in subsection (2) of this section.
(2) (a) The prescribed fire claims cash fund is created in the state treasury. The fund consists of any gifts, grants, and donations that may be received for crediting to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The division may seek, accept, and expend gifts, grants, or donations from private or public sources to implement this section.
(b) On July 1, 2025, the state treasurer shall transfer two hundred fifty thousand dollars from the general fund to the fund.
(c) Subject to annual appropriation by the general assembly, the division shall expend money from the fund in accordance with the following guidelines:
(I) The division shall authorize a payment from the fund to a claimant who submits a claim that the division has certified in accordance with subsection (3) of this section;
(II) The division shall authorize a payment in the amount certified in the claim; except that the maximum payment that the division may authorize for a certified claim arising from any singular prescribed burn is equal to the greater of twenty thousand dollars or ten percent of the amount of money in the fund at the time the claim is filed; and
(III) The division shall make every effort to authorize a payment in the amount certified in the claim before any other claim related to the same prescribed burn is processed by another insurer.
(3) Subject to annual appropriation by the general assembly of money for the division to administer the fund, the division shall certify a claim related to a prescribed burn that meets all the following requirements:
(a) The claim demonstrates, in sufficient detail, the costs associated with suppression and any other costs or damages that resulted from a prescribed burn;
(b) The prescribed burn that resulted in the claim was conducted in full compliance with sections 24-33.5-1217 and 24-33.5-1217.5 and with all other rules and standards adopted by the director in accordance with those sections;
(c) (I) Before conducting the prescribed burn, the certified prescribed burn manager registered the written prescription plan required by section 24-33.5-1217.5 (1)(a) with the division and paid an administrative fee of one hundred dollars or a greater amount as established by the division pursuant to subsection (3)(c)(II) of this section to the division; and
(II) The division may increase the amount of the administrative fee set forth in subsection (3)(c)(I) of this section based on the complexity and unique characteristics of a prescribed burn. The director may adopt rules or guidelines to set the amount of the fee; and
(d) No more than sixty days have passed between the date upon which the prescribed burn was completed, as determined by the certified prescribed burn manager, and the date upon which the resulting costs and damages specified in the claim were incurred; except that the director may adopt rules and guidelines related to holdover fires and other unique fire characteristics.
(4) In administering and implementing this section, the director:
(a) Shall collaborate with cultural fire practitioners, certified prescribed burn managers, the Colorado prescribed fire council, and other relevant state agencies and fire practitioners;
(b) May adopt rules and guidelines for the administration and implementation of this section; and
(c) Shall post any rules or guidelines adopted pursuant to subsection (4)(b) of this section on the division's publicly accessible website.
(5) Upon accepting a payment authorized by the division that covers the full amount of costs and damages certified in the claim, a claimant shall waive all future claims related to the prescribed burn against the certified prescribed burn manager that conducted the burn; any organization, entity, or individual with whom the certified prescribed burn manager worked to conduct the burn; any individual or entity that provided funding for the burn; and any landowner on whose behalf the burn was conducted. Nothing in this section prevents a claimant from:
(a) Submitting an insurance claim related to costs or damages that resulted from a burn that was not certified pursuant to subsection (3) of this section; or
(b) Bringing a claim related to costs or damages against a party that is not listed in this subsection (5), as long as the claim does not result in recovery of costs and damages that are recovered pursuant to this section.
(6) The division may contract with a third party to administer, certify, and pay the claims.
Source: L. 2025: Entire section added, (SB 25-007), ch. 281, p. 1455, § 1, effective May 29.
PART 13
COLORADO SAFETY INSTITUTE
24-33.5-1301 to 24-33.5-1304. (Repealed)
Source: L. 99: Entire part repealed, p. 438, § 9, effective April 30.
Editor's note: This part 13 was added in 1987. For amendments to this part 13 prior to its repeal in 1999, 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 14
HAZARDOUS MATERIALS RESPONDER
VOLUNTARY CERTIFICATION PROGRAM
24-33.5-1401 to 24-33.5-1406. (Repealed)
Editor's note: (1) This part 14 was added in 1989. For amendments to this part 14 prior to its repeal in 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 24-33.5-1406 provided for the repeal of this part 14, effective July 1, 2011. (See L. 2011, p. 1051.)
(3) For the amendments to § 24-33.5-1405 and the addition of § 24-33.5-1406 that were in effect from June 30, 2011, to July 1, 2011, see chapter 240, Session Laws of Colorado 2011. (L. 2011, p. 1051.)
PART 15
COLORADO EMERGENCY PLANNING COMMISSION
Editor's note: This part 15 was added in 1990. It was repealed in 1992 and was subsequently recreated and reenacted with relocations in 2012, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this part 15 prior to 1992, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2012 are shown in editor's notes following those sections that were relocated.
Cross references: For the legislative declaration in the 2012 act recreating and reenacting this part 15, see section 1 of chapter 240, Session Laws of Colorado 2012.
Law reviews: For article, Environmental Law: America's Water Infrastructure Act, see 49 Colo. Law. 38 (Mar. 2020).
24-33.5-1501. Implementation of Title III of superfund act. (1) The general assembly hereby finds and declares that the implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499, is a matter of statewide concern.
(2) The department of public safety is the state agency responsible for the implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499, and regulations thereunder, as amended.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1115, § 17, effective July 1.
Editor's note: This section is similar to former § 24-32-2601 as it existed prior to 2012.
24-33.5-1502. Definitions. (1) All terms used in this part 15 have the same meaning as defined under the federal act.
(2) As used in this part 15:
(a) Director means the director of the division of homeland security and emergency management created in section 24-33.5-1603.
(a.5) Federal act means the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., and regulations thereunder.
(a.7) Fund means the SARA Title III fund created in section 24-33.5-1506 (1).
(b) Subcommittee means the emergency planning subcommittee of the homeland security and all-hazards senior advisory committee created in section 24-33.5-1614 (3.5).
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1115, § 17, effective July 1. L. 2014: Entire section amended, (HB 14-1004), ch. 11, p. 103, § 4, effective February 27. L. 2025: (1) amended and (2)(a.5) and (2)(a.7) added, (SB 25-275), ch. 377, p. 2063, § 152, effective August 6.
Editor's note: This section is similar to former § 24-32-2602 as it existed prior to 2012.
24-33.5-1503. Colorado emergency planning commission - creation - duties. (Repealed)
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1115, § 17, effective July 1. L. 2014: Entire section repealed, (HB 14-1004), ch. 11, p. 108, § 15, effective February 27.
Editor's note: Prior to its repeal, this section was similar to former § 24-32-2603 as it existed prior to 2012.
24-33.5-1503.5. Powers and duties of the director - legislative intent - rules. (1) It is the intent of the general assembly that the director, with the advice of the subcommittee, promulgate rules pursuant to this part 15 that encourage:
(a) Consistency between information requested by the director and the purposes of implementation of the federal act; and
(b) Cost-effective reporting and the consideration of reasonable reporting threshold levels and reporting formats.
(2) Consistent with the powers and duties imposed upon him or her by the federal act, or granted to it in this part 15, the director has the following powers and duties:
(a) To adopt all reasonable rules necessary for the administration of this part 15. Such rules shall be promulgated in accordance with article 4 of this title.
(b) To establish a uniform system for reporting and management of information required by the federal act;
(c) To create and adopt such forms as are necessary for the uniform reporting and management of information required by the federal act, including:
(I) A standardized tier II reporting form to replace the tier II form which is required under the federal act, and which shall be accepted by local emergency planning committees in reporting the information contained therein; and
(II) A standardized facility contingency plan form as an addendum to the form required in subparagraph (I) of this paragraph (c), which shall be used for the collection of emergency planning information from facilities by local emergency planning committees. This form shall include space in which local emergency planning committees may require additional information of local concern.
(d) To coordinate his or her activities with those of the Colorado state patrol relating to the transportation of hazardous materials.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1116, § 17, effective July 1. L. 2014: IP(1), (1)(a), IP(2), and (2)(d) amended, (HB 14-1004), ch. 11, p. 103, § 5, effective February 27.
Editor's note: This section is similar to former § 24-32-2603.5 as it existed prior to 2012.
24-33.5-1504. Local emergency planning committees - creation and duties. (1) The subcommittee shall designate local emergency planning districts to develop emergency response and preparedness capabilities in accordance with the federal act. The boundaries of such districts shall be the same as the boundaries of either a county, municipality, or a combination thereof.
(2) Upon the request of the subcommittee, the primary governing body having jurisdiction over the local emergency planning district, the county commissioners, or the city council, as the case may be, shall provide nominations for membership on the local emergency planning committee. The subcommittee shall appoint members of a local emergency planning committee for each emergency planning district in accordance with the federal act. For local emergency planning districts for which no nominations have been submitted by the governing body, the subcommittee may designate either the county commissioners or city council, as the case may be, to serve as the local emergency planning committee.
(3) Local emergency planning committees shall perform the duties described under the federal act.
(4) Unless another entity is so designated by the governor, the subcommittee is the state emergency response commission required under the federal act.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1117, § 17, effective July 1. L. 2014: (1) and (2) amended and (4) added, (HB 14-1004), ch. 11, p. 104, § 6, effective February 27.
Editor's note: This section is similar to former § 24-32-2604 as it existed prior to 2012.
24-33.5-1505. Immunity. (1) Except for willful and wanton acts or omissions, no state commission or agency or county or municipal agency, including local emergency planning committees, citizen corps councils, fire protection districts, and volunteer fire, ambulance, or emergency service and rescue groups, nor their officers, officials, directors, employees, or volunteers, when engaged in emergency planning, service, or response activities regarding a hazardous material release, threat of release, or act of terrorism, shall be liable for:
(a) The death of or injury to any person or for the loss of or damage to property or the environment resulting from the hazardous material release, threat of release, or act of terrorism; or
(b) The acts of an insurer or insurance company, corporation, association, or partnership, including any employees, contractors, or agents, engaged in activities intended to protect the insurable private property interests of the insurer's policyholders from harm, loss, damage, or destruction.
(1.5) (a) No private organization or any of its officers, officials, directors, employees, or volunteers, when working under the direction of a local emergency planning committee or state or local fire or law enforcement agency and when engaged in emergency planning, training, or response activities regarding a hazardous material release, threat of release, or act of terrorism, shall be liable for the death of or injury to any person or for the loss of or damage to property or the environment resulting from the hazardous material release, threat of release, or act of terrorism, except for willful and wanton acts or omissions.
(b) An insurer, insurance company, corporation, association, or partnership, including any employees, contractors, or agents, engaged in activities intended to protect the insurable private property interests of the insurer's policyholders from harm, loss, damage, or destruction does not constitute a private organization entitled to immunity from liability under the provisions of this section, and an employee, contractor, or agent of the insurer is not a volunteer as that term is defined or construed in accordance with the provisions of the Colorado Governmental Immunity Act, article 10 of this title, regardless of whether such activities may be subject to the direction of a local emergency planning committee or a state or local fire or law enforcement agency.
(2) (a) No state commission or agency or county or municipal agency, including local emergency planning committees, incident management teams, citizen corps councils, citizen emergency response teams, medical reserve corps, fire protection districts, and volunteer fire, ambulance, or emergency service and rescue groups, nor their officers, officials, directors, employees, trainees, or volunteers, when engaged in planning, training, or response activities regarding a natural disaster, hazardous material release, public health emergency, or act of terrorism or the threat of any such disaster, release, emergency, or act, shall be liable for the death of or injury to any person or for the loss of or damage to property or the environment except for gross negligence or willful and wanton acts or omissions.
(b) Notwithstanding paragraph (a) of this subsection (2), a plaintiff may sue and recover civil damages from a person or entity specified in said paragraph (a) based upon a negligent act or omission involving the operation of a motor vehicle; except that the amount recovered from such person or entity shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such person or entity with respect to the negligent operation of a motor vehicle in such circumstances. However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.
(c) The general assembly intends that the provisions of this subsection (2) and of the Colorado Governmental Immunity Act, article 10 of this title, be read together and harmonized. If any provision of this subsection (2) is construed to conflict with a provision of the Colorado Governmental Immunity Act, the provision that grants the greatest immunity shall prevail.
(3) Neither the director nor any member of the subcommittee or any local emergency planning committee shall be liable for the death of or any injury to persons or loss or damage to property or the environment or any civil damages resulting from any act or omission arising out of the performance of the functions, duties, and responsibilities of the director or subcommittee or local emergency planning committee, except for acts or omissions which constitute willful misconduct.
(4) Nothing in this section abrogates or limits the immunity or exemption from civil liability of any agency, entity, or person under any statute, including the Colorado Governmental Immunity Act, article 10 of this title, or section 13-21-108.5, C.R.S.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1117, § 17, effective July 1. L. 2014: (3) amended, (HB 14-1004), ch. 11, p. 104, § 7, effective February 27; (1) and (1.5) amended, (SB 14-097), ch. 62, p. 281, § 1, effective July 1.
Editor's note: This section is similar to former § 24-32-2605 as it existed prior to 2012.
24-33.5-1506. SARA Title III fund - creation - acceptance of gifts, grants, and donations. (1) There is hereby created in the state treasury the SARA Title III fund, which shall be administered by the director. The moneys in the fund are subject to annual appropriation by the general assembly for the purposes of this part 15, including the disbursement of grants pursuant to section 24-33.5-1507.
(2) The director is hereby authorized to accept all moneys received from the federal government and from public or private grants, gifts, bequests, donations, and other contributions for any purpose consistent with this part 15. The moneys shall be credited to the fund.
(3) In accordance with section 24-36-114, all interest derived from the deposit and investment of this fund shall be credited to the general fund.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1118, § 17, effective July 1. L. 2014: (1) and (2) amended, (HB 14-1004), ch. 11, p. 104, § 8, effective February 27. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2063, § 153, effective August 6.
Editor's note: This section is similar to former § 24-32-2606 as it existed prior to 2012.
24-33.5-1507. Application for grants - disbursements from SARA Title III fund - regulations. (1) The office of preparedness in the division of homeland security and emergency management, created in section 24-33.5-1606.5 and referred to in this subsection (1) as the office, shall administer all grants from the fund. The office shall accept applications from local emergency planning committees and from first responder organizations who have coordinated their request with their local emergency planning committee and shall direct those applications to the subcommittee, which shall evaluate the applications and shall recommend to the office which grants should be made for the purposes of emergency planning and emergency response, including training and planning programs and training and planning equipment as needed to carry out the purposes of this part 15.
(2) With the advice of the subcommittee, the director shall promulgate rules prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, and any other regulations necessary for administering the SARA Title III fund.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1118, § 17, effective July 1. L. 2014: Entire section amended, (HB 14-1004), ch. 11, p. 105, § 9, effective February 27.
Editor's note: This section is similar to former § 24-32-2607 as it existed prior to 2012.
PART 16
DIVISION OF HOMELAND SECURITY
AND EMERGENCY MANAGEMENT
24-33.5-1601. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The threat of terrorism in Colorado is a matter of great concern to the people of the state and affects the public interest. Therefore, this part 16 is enacted for the purpose of protecting the health, peace, safety, and welfare of the people of this state.
(b) The terrorist attacks of September 11, 2001, in New York, Washington, D.C., and Pennsylvania, along with the subsequent sending of anthrax through the mail, the previous attempt to destroy the world trade center, and the bombing of the Alfred P. Murrah federal building in Oklahoma City, and the arson attacks in Vail, Colorado, demonstrate that no part of the United States is immune from the threat of terrorism;
(c) Responsible public agencies must anticipate and protect against new forms of terrorism, including suicide hijacking, use of biological toxins and hazardous materials, arson, and sabotage of telecommunications networks, the food and water supply, and other critical infrastructure;
(d) In response to the threat of terrorism, the federal government and several state governments are creating specialized agencies to coordinate efforts to prevent, protect against, respond to, recover from, and prosecute acts of terrorism. Colorado currently has no such agency, and few of Colorado's criminal laws address terrorism specifically.
(e) In 2005, hurricane Katrina emphasized and reinforced the importance of robust emergency management systems and the need for an all-hazards approach to homeland security, increased autonomy, and responsibility for emergency management;
(f) Coordination across disciplines, among levels of government, and with private and nongovernmental sectors is the best way to ensure that government can deliver, to the best of its collective ability, the most effective and efficient services regardless of the cause of any disaster;
(g) A state agency should be established to coordinate Colorado's response to the threat of terrorism and other threats; facilitate tribal, state, local, and regional homeland security activities; direct homeland security-related federal funding to local governments; and share homeland security information among entities participating in homeland security activities.
Source: L. 2002: Entire part added, p. 1206, § 6, effective June 3. L. 2012: (1)(e) amended and (1)(f) and (1)(g) added, (HB 12-1283), ch. 240, p. 1119, § 18, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending subsection (1)(e) and adding subsections (1)(f) and (1)(g), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1602. Definitions. As used in this part 16, unless the context otherwise requires:
(1) Act of terrorism has the same meaning set forth in 18 U.S.C. sec. 3077 (1) and 28 CFR 0.85 (l).
(2) Biological agent has the same meaning set forth in 18 U.S.C. secs. 178 (1) and 175 (b).
(3) Chemical weapon has the same meaning set forth in 18 U.S.C. sec. 229F (1).
(4) Critical infrastructure means those systems and assets, whether physical or virtual, that are vital to the state of Colorado so that the incapacity or destruction of such systems and assets would have a debilitating impact on public safety, public health, or economic security.
(5) Destructive device has the same meaning set forth in 18 U.S.C. sec. 921 (a)(4).
(6) Director means the director of the division.
(7) Division means the division of homeland security and emergency management created in section 24-33.5-1603.
(8) Fusion center means the program administered by the office of prevention and security, created in section 24-33.5-1606, that serves as the primary focal point within the state for receiving, analyzing, gathering, and sharing threat-related information among federal, state, local, tribal, nongovernmental, and private sector partners.
(9) Homeland security advisor means a person appointed by the governor to serve as counsel to the governor on homeland security issues and who may also serve as a liaison between the governor's office, the department of homeland security, and other homeland security and related organizations both inside and outside of the state.
(10) Radioactive material means a material that produces radiation at a level that is dangerous to human health or life.
(11) Toxin has the same meaning set forth in 18 U.S.C. secs. 178 (2) and 175 (b).
Source: L. 2002: Entire part added, p. 1207, § 6, effective June 3. L. 2012: (4), (5), and (6) amended and (7), (8), (9), (10), and (11) added, (HB 12-1283), ch. 240, p. 1120, § 19, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending subsections (4), (5), and (6) and adding subsections (7), (8), (9), (10), and (11), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1603. Division of homeland security and emergency management - creation - director. (1) There is created in the department the division of homeland security and emergency management, the head of which is the director of the division. The executive director shall appoint the director pursuant to section 13 of article XII of the state constitution. The division of homeland security and emergency management and the director of the division are type 2 entities, as defined in section 24-1-105.
(2) The division includes the following agencies, which are type 2 entities, as defined in section 24-1-105, and which exercise their powers and perform their duties and functions under the department:
(a) The office of emergency management, created in section 24-33.5-705;
(b) The office of prevention and security, created in section 24-33.5-1606;
(c) The office of preparedness, created in section 24-33.5-1606.5; and
(d) The office of public safety communications, created in part 25 of this article 33.5.
Source: L. 2002: Entire part added, p. 1207, § 6, effective June 3. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1120, § 20, effective July 1. L. 2022: Entire section amended, (SB 22-162), ch. 469, p. 3428, § 215, effective August 10; (2)(d) added, (HB 22-1353), ch. 479, p. 3498, § 7, effective July 1, 2023.
Cross references: (1) For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 22-1353, see section 1 of chapter 479, Session Laws of Colorado 2022.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-1604. Duties and powers of the division - rules. (1) The division has the following duties and powers:
(a) To inquire into the threat of terrorism in Colorado and the state of preparedness to respond to that threat and to make recommendations to the governor and the general assembly;
(b) To cooperate with the United States department of homeland security and other agencies of the federal government and other states in matters related to terrorism;
(c) To do all things necessary for the implementation of this part 16, including but not limited to the power:
(I) To hire personnel;
(II) To contract with federal, state, local, and private entities; and
(III) To accept and expend federal and private funds.
(2) (a) The division shall create and implement terrorism preparedness plans. The plans shall include the following:
(I) State protocols and procedures concerning the prevention of, preparation for, response to, and recovery from any terrorist threat, terrorist act, or other terrorist-related activity;
(II) Establishment and issuance of protocols to guide state and local law enforcement and emergency response officials in responding to any case involving a suspected terrorist training activity described in section 18-9-120, C.R.S.;
(III) Coordination with appropriate governmental agencies, educational institutions, and private sector entities to develop protocols concerning access and security measures at biotechnology laboratories and facilities;
(IV) Coordination with appropriate state agencies to develop protocols concerning the handling, storage, and disposal of biological agents, chemical weapons, destructive devices, radioactive materials, and toxins when any such materials are obtained as evidence of a suspected terrorist training activity as described in section 18-9-120, C.R.S., act of terrorism, suspected act of terrorism, threat to commit an act of terrorism, or conspiracy to commit an act of terrorism.
(b) (I) In creating the terrorism preparedness plans, the division shall seek the advice and assistance of other federal, state, and local government agencies; business, labor, industrial, agricultural, civic, and volunteer organizations; and community leaders.
(II) The terrorism preparedness plans constitute specialized details of security arrangements for purposes of section 24-72-204 (2)(a)(VIII).
(3) (a) The division shall provide advice, assistance, and training to state and local government agencies in the development and implementation of terrorism preparedness plans and in conducting periodic exercises related to the plans.
(b) The division shall provide oversight of terrorism preparedness plans developed and implemented by state and local government agencies. The oversight does not usurp the authority of state and local government agencies, but will only provide peer review and comment in order to promote standardized methods of operation and to facilitate integration with plans adopted by other state and local government agencies throughout the state.
(c) State and local government agencies that develop terrorism preparedness plans shall submit copies of current, new, or amended plans to the division.
(4) The division may distribute to local government agencies any federal or other funds that become available for distribution.
(5) The division shall also:
(a) Build partnerships with first responders, agencies, and citizens in the public and private sectors;
(b) Coordinate activities with other state agencies and the all-hazards emergency management regions created by executive order of the governor;
(c) Develop and update a state strategy for homeland security;
(d) Facilitate, coordinate, and conduct capabilities assessments as necessary;
(e) Facilitate improvements in overall preparedness by developing coordinating mechanisms among Colorado's emergency management, homeland security, public safety, and public health agencies in order to deliver the capabilities necessary for all domestic disasters, whether natural or man-made, including acts of terror; and
(f) Coordinate protection activities among owners and operators of critical infrastructure and other tribal, state, local, regional, and federal agencies in order to help secure and protect critical infrastructure within the state.
(6) (a) The division shall implement section 24-33.5-1624 in order to ensure a secure telecommunications network in Colorado.
(b) The director of the division may promulgate rules related to telecommunications security in accordance with section 24-33.5-1624.
Source: L. 2002: Entire part added, p. 1207, § 6, effective June 3. L. 2005: (2)(b)(II) and (3)(c) amended, p. 503, § 4, effective July 1. L. 2012: IP(1), (1)(b), IP(2)(a), (2)(b), (3), and (4) amended and (5) added, (HB 12-1283), ch. 240, p. 1121, § 21, effective July 1. L. 2024: (6) added, (SB 24-151), ch. 483, p. 3385, § 3, effective June 7.
Cross references: For the legislative declaration in the 2012 act amending the introductory portions to subsections (1) and (2)(a) and subsections (1)(b), (2)(b), (3), and (4) and adding subsection (5), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 24-151, see section 1 of chapter 483, Session Laws of Colorado 2024.
24-33.5-1605. Director - duties and powers - rules. (1) The director shall perform duties in connection with:
(a) The creation and implementation of the terrorism preparedness plan described in section 24-33.5-1604; and
(b) The prevention and detection of terrorist training activities described in section 18-9-120, C.R.S.
(2) The director may promulgate, in accordance with article 4 of this title, any rules necessary to implement part 15 of this article and sections 24-33.5-1604 (2)(a), 24-33.5-1608, and 24-33.5-1609.
(3) The powers vested in the director in this part 16 do not usurp or supersede the powers of fire chiefs, sheriffs, chiefs of police, or other law enforcement or fire protection agencies.
(4) The director is entitled to all protections, defenses, and immunities provided by statute to safeguard a peace officer in the performance of official acts.
Source: L. 2002: Entire part added, p. 1209, § 6, effective June 3. L. 2012: IP(1), (2), (3), and (4) amended, (HB 12-1283), ch. 240, p. 1122, § 22, effective July 1. L. 2014: (2) amended, (HB 14-1004), ch. 11, p. 105, § 10, effective February 27.
Cross references: For the legislative declaration in the 2012 act amending the introductory portion to subsection (1) and subsections (2), (3), and (4), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1606. Office of prevention and security - creation - duties. (1) (a) There is hereby created within the division an office of prevention and security, the head of which is the manager of the office of prevention and security. The director shall appoint the manager of the office of prevention and security pursuant to section 13 of article XII of the state constitution.
(b) The manager of the office of prevention and security is hereby designated to be a peace officer and has jurisdiction to act as such in the performance of his or her duties anywhere within the state and is entitled to all protections, defenses, and immunities provided by statute to safeguard a peace officer in the performance of official acts.
(2) The duties of the office of prevention and security include:
(a) Enhancing interagency cooperation through information sharing;
(b) Operating the state's fusion center; and
(c) Developing and maintaining, through cooperation with other tribal, state, local, regional, and federal agencies, a standardized crisis communication and information-sharing process.
Source: L. 2002: Entire part added, p. 1209, § 6, effective June 3. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1123, § 23, effective July 1. L. 2017: (1) amended, (HB 17-1209), ch. 247, p. 1043, § 2, effective August 9.
Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1606.5. Office of preparedness - creation - duties - posting of notice of NIMS classes - definition. (1) There is hereby created within the division the office of preparedness, the head of which is the manager of the office of preparedness. The director shall appoint the manager of the office of preparedness pursuant to section 13 of article XII of the state constitution. The office of preparedness is responsible for creating and implementing a state preparedness goal and system to improve state capabilities to prevent, mitigate the effects of, respond to, and recover from threats to Colorado.
(2) The duties of the office of preparedness include:
(a) Improving community preparedness and citizen involvement through external outreach;
(b) Identifying and reducing duplicative homeland security-related training needs and efforts, coordinating homeland security-related training among tribal, state, local, and regional agencies, and creating a single training and exercise calendar with identified points of contact that is accessible via the internet;
(c) Coordinating and updating homeland security plans;
(d) Coordinating all-hazard public risk communication products among state agencies; and
(e) Administering federal homeland security grants, in accordance with subsection (3) of this section, providing technical assistance to grantees, and coordinating grant funding opportunities with other state agencies.
(3) (a) Unless otherwise authorized under this article 33.5, the grant programs for which the office of preparedness has authority to administer are limited to:
(I) The state homeland security program, or its successor program;
(II) The Denver urban areas security initiative, or its successor program;
(III) The metropolitan medical response system, or its successor program;
(IV) The citizens corp program, or its successor program;
(V) The urban areas security initiative nonprofit security grant program, or its successor program;
(VI) The buffer zone protection program, or its successor program;
(VII) The interoperable emergency communications grant program, or its successor program;
(VIII) Any grant programs previously administered by the former division of emergency management in the department of local affairs, as of June 30, 2012; and
(IX) Any other grant programs authorized by the governor, which programs shall not be inconsistent with the division's purposes.
(b) As used in this subsection (3), successor program means a federal homeland security grant program that the manager of the office of preparedness reasonably determines is similar in purpose and scope to its predecessor program, regardless of the particular name of the successor program.
(4) The office of preparedness shall place on its website a description of the national incident management system, developed by the federal emergency management agency and referred to in this section as NIMS, and a listing, with any applicable links, of online courses required to become NIMS-certified and courses related to NIMS at institutions within the state system of community and technical colleges.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1123, § 24, effective July 1.
Editor's note: Subsection (4) is similar to former § 24-33.5-110 as it existed prior to 2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1607. Funding. The general assembly recognizes that federal legislation enacted in the aftermath of the terrorist attacks of September 11, 2001, including but not limited to the USA Patriot Act of 2001, has created federal grants to assist states in creating and implementing plans to deal with terrorism. It is the intent of the general assembly that all such grants and any other available resources, including federal and private funds, grants, and donations, be pursued to help defray the costs incurred in implementing this part 16.
Source: L. 2002: Entire part added, p. 1210, § 6, effective June 3.
Cross references: For the USA Patriot Act of 2001, see Pub.L. No. 107-56.
24-33.5-1608. Building security and occupant protection. (1) The director shall adopt rules concerning safety and security to protect state personnel and property owned or leased by the state, including, but not limited to, facilities, buildings, and grounds. Unless under a state of emergency or alert as defined by the rules, such facilities, buildings, and grounds shall remain open to the public.
(2) In adopting such rules, the director shall use as general guidelines the building security and occupant protection standards in federal statutes, presidential directives, and the rules promulgated thereunder, as amended from time to time.
Source: L. 2002: Entire part added, p. 1210, § 6, effective June 3. L. 2006: (1) amended, p. 145, § 23, effective August 7.
24-33.5-1609. Continuity of state government operations. (1) The director shall adopt rules concerning the continuity of state government operations to provide guidance to state departments and agencies in developing viable and executable contingency plans for continuity of operations.
(2) In adopting such rules, the director shall use as general guidelines the plans published by the federal emergency management agency in federal preparedness circulars 65, 66, and 67, and in the rules promulgated thereunder, as amended from time to time.
(3) The rules adopted pursuant to this section shall be incorporated as part of the state emergency operations plan.
Source: L. 2002: Entire part added, p. 1210, § 6, effective June 3. L. 2006: (1) amended, p. 145, § 24, effective August 7.
24-33.5-1610. Compliance with standards. (1) The executive director of each state department and agency shall ensure compliance with the rules adopted pursuant to sections 24-33.5-1608 and 24-33.5-1609.
(2) (a) State departments and agencies shall be required to comply with any such rule that requires funding only if funds are available to the department or agency.
(b) If adequate funding is not available to fund compliance with any such rule by a state department or agency, the department or agency shall take appropriate measures to provide alternate interim solutions to protect the safety and security of persons and property and to ensure the continuity of the department or agency's critical functions during a state of emergency. Any alternate interim solution shall be approved by the division.
Source: L. 2002: Entire part added, p. 1210, § 6, effective June 3. L. 2012: (2)(b) amended, (HB 12-1283), ch. 240, p. 1125, § 25, effective July 1. L. 2015: (2)(a) amended, (SB 15-248), ch. 135, p. 414, § 1, effective August 5.
Cross references: For the legislative declaration in the 2012 act amending subsection (2)(b), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1611. Assistance to state agencies - security assessment. (1) Upon request from any state agency, the division shall provide advice and assistance to the agency related to the agency's compliance with rules adopted pursuant to sections 24-33.5-1608 and 24-33.5-1609.
(2) The division shall conduct security assessments as needed to evaluate threats, risks, and compliance with security rules at state facilities.
Source: L. 2002: Entire part added, p. 1211, § 6, effective June 3. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1125, § 26, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1612. Cooperation from other state agencies. (1) Upon request, other agencies of state government, including the department of personnel and the department of local affairs, shall provide advice and assistance to the division related to rules adopted pursuant to section 24-33.5-1608 or 24-33.5-1609.
(2) Executive departments and agencies of state government shall coordinate their homeland security efforts through the division as necessary.
Source: L. 2002: Entire part added, p. 1211, § 6, effective June 3. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1125, § 27, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-1613. State facility security fund. (Repealed)
Source: L. 2002: Entire part added, p. 1211, § 6, effective June 3. L. 2015: Entire section repealed, (SB 15-248), ch. 135, p. 414, § 2, effective August 5.
24-33.5-1614. Homeland security and all-hazards senior advisory committee - composition - duties - emergency planning subcommittee - public safety communications subcommittee - creation - definitions - repeal. (1) To help develop and guide the division's efforts and advise the homeland security advisor, there is hereby created the homeland security and all-hazards senior advisory committee, referred to in this section as the advisory committee. The advisory committee shall assist the state in becoming better able to predict, prevent, mitigate the effects of, respond to, and recover from those threats posing the greatest risk to Colorado.
(2) (a) The advisory committee consists of at least the director of the division, who is a nonvoting member, and the following twenty-one voting members:
(I) The executive director, who is the chair of the advisory committee;
(II) The director of the division of fire prevention and control created in part 12 of this article, or his or her designee;
(III) One member with specialized knowledge in local government assistance who represents the department of local affairs, created in section 24-1-125, to be appointed by the executive director of the department of local affairs;
(IV) One member with specialized knowledge in emergency preparedness and response who represents the department of public health and environment, created in section 25-1-102, C.R.S., to be appointed by the executive director of the department of public health and environment;
(V) One member with specialized knowledge in homeland defense who represents the department of military and veterans affairs created in section 24-1-127 to be appointed by the adjutant general;
(VI) One member with specialized knowledge in emergency communications systems who represents the governor's office of information technology created in section 24-37.5-103, to be appointed by the chief information officer;
(VII) The chief of the Colorado state patrol appointed pursuant to section 24-33.5-205, or his or her designee;
(VIII) The following fourteen members, to be appointed by the executive director in consultation with the adjutant general of the department of military and veterans affairs and the executive directors of the department of local affairs and the department of public health and environment:
(A) A representative of Colorado counties, incorporated, or its successor entity;
(B) A representative of the Colorado emergency management association, or its successor entity;
(C) A representative of private industry;
(D) A representative of the Colorado municipal league, or its successor entity;
(E) A representative of the county sheriffs of Colorado, incorporated, or a successor sheriffs' organization;
(F) A representative of the emergency medical services association of Colorado, or its successor organization;
(G) A representative of the Colorado state fire chiefs' association, or its successor organization;
(H) A representative of the Colorado association of chiefs of police, or its successor organization;
(I) A representative of tribal government;
(J) A representative of Colorado voluntary organizations active in disaster;
(K) A regional state homeland security coordinator, representing an all-hazards emergency management region established by executive order of the governor;
(L) A representative of the special districts association of Colorado, or its successor organization;
(M) A representative from the state all-hazards advisory committee formed under the department, or any successor entity; and
(N) A representative of the Denver urban area security initiative, as recognized by the United States department of homeland security.
(b) Additional advisory committee members may be added to the advisory committee as necessary upon:
(I) Approval by the executive director; and
(II) A majority vote of approval by the advisory committee members serving pursuant to paragraph (a) of this subsection (2).
(c) The advisory committee shall select annually a vice-chairperson and secretary from among its members.
(d) (I) Except as otherwise provided in subparagraph (II) of this paragraph (d), advisory committee member terms are for two years each.
(II) One-half of the initial members of the advisory committee shall be appointed to one-year terms, and the other half of the initial members shall be appointed to two-year terms.
(e) If a member of the advisory committee appointed under paragraph (a) of this subsection (2) vacates his or her office prior to the expiration of his or her term, the executive director or, for those members described under subparagraph (VII) of paragraph (a) of this subsection (2), the appropriate appointing authority shall fill the vacancy by appointment for the unexpired term.
(f) (I) (A) The advisory committee shall meet as necessary, as determined by the executive director.
(B) Advisory committee members may attend meetings and vote via teleconference.
(II) The advisory committee shall establish by-laws as appropriate for its effective operation.
(III) The members of the advisory committee shall receive no compensation; except that advisory committee members are entitled to receive reimbursement for necessary travel and other reasonable expenses incurred in the performance of their official duties under this section.
(3) The advisory committee shall:
(a) Provide policy guidance to the division;
(b) Annually review the state strategy for homeland security developed by the division pursuant to section 24-33.5-1604 (5)(c) and make recommendations on the strategy's goals, policies, and priorities;
(c) Advise the governor, through his or her homeland security advisor, regarding the planning and implementation of tasks and objectives to achieve goals contained in the Colorado homeland security strategy;
(d) Review homeland security grant applications and make recommendations to the homeland security advisor regarding grant distributions;
(e) Identify opportunities to consolidate existing state-level advisory boards, while ensuring that local and tribal entities have latitude in determining their needs in program areas; and
(f) Establish subcommittees, as necessary, that focus on specific issues or subject matters and make recommendations to the full advisory committee. The executive director shall select the chairpersons for any subcommittees as well as the advisory committee members to serve on the subcommittees. The chairperson of a subcommittee may select nonadvisory committee members from interested members of the community to serve on the subcommittee. Each subcommittee shall make findings and recommendations for consideration by the full advisory committee. Nonadvisory committee members of a subcommittee serve without compensation and without reimbursement for expenses.
(3.3) (a) In addition to any subcommittees created pursuant to paragraph (f) of subsection (3) of this section, there is hereby created the public safety communications subcommittee to the advisory committee, referred to in this subsection (3.3) as the subcommittee.
(b) The purposes of the subcommittee are to:
(I) Promote interoperable communications among public safety organizations throughout the state;
(II) Represent the advisory committee in matters concerning public safety communications and interoperability of communication systems; and
(III) Inform the advisory committee on the development, maintenance, upgrade, and operation of the statewide digital trunked radio system.
(c) The duties of the subcommittee are to:
(I) Present an annual report to the joint budget committee in writing no later than each December 31 that includes operational and capital infrastructure needs to maintain the system;
(II) Provide policy-level direction and promote efficient and effective use of resources for matters related to public safety communications interoperability;
(III) Promote cooperation among local, tribal, state, and federal public safety agencies, as well as nongovernmental organizations that are in the business of providing public safety in addressing statewide radio interoperability needs in the state;
(IV) Assist public safety entities in the development of projects, plans, policies, standards, priorities, guidelines, and training for radio interoperability;
(V) Coordinate with other communications oversight groups to ensure adequate wireless spectrum to accommodate all users;
(VI) Research statewide interoperable communications best practices of other states, tribes, and municipalities;
(VII) Provide recommendations to the advisory committee, when appropriate, concerning issues related to statewide interoperable radio communications for public safety in Colorado, which recommendations may relate to relevant topics including governance, standard operating procedures, technology, training, and funding;
(VIII) Consider specifically, and report to the executive director prior to December 31, 2014, regarding:
(A) The long-term sustainability, adaptability, and evolution of technology used in public safety communications; and
(B) The bandwidth needed for present and future emergency communications; and
(IX) Assist the department in performing the needs assessment required under section 24-33.7-716 (7).
(d) (I) The members of the consolidated communications system authority, as that body existed prior to its repeal pursuant to Senate Bill 14-127, are the initial members of the subcommittee. The terms of such initial members continue and expire according to the dates for which such members were originally appointed.
(II) (A) Upon expiration of the terms of the initial members serving pursuant to subparagraph (I) of this paragraph (d), and upon the creation of any other vacancy or term expiration, the appropriate appointing authority shall appoint a member representing the same interest, as described in subparagraphs (I) and (III) of paragraph (e) of this subsection (3.3), as the vacating member.
(B) Any vacancy appointment is for the remainder of the unexpired term of the vacating member.
(e) The subcommittee consists of at least the following twenty-three members:
(I) Members representing local government, including:
(A) Two members representing public radio systems that are not part of the statewide digital trunked radio system, who are appointed as specified in paragraph (f) of this subsection (3.3);
(B) One member representing the licensed ambulance or emergency medical service and the licensed hospital or trauma center, who is selected by the state emergency medical and trauma services advisory council created in section 25-3.5-104, C.R.S.;
(C) Two members representing the nine all-hazard regions, who are appointed as specified in paragraph (f) of this subsection (3.3);
(D) Two members selected by the Colorado state fire chiefs' association, one of whom represents a metropolitan fire department and the other of whom represents a rural fire department;
(E) One representative of Colorado professional fire fighters, or a successor labor organization that represents firefighters;
(F) One representative of Colorado's counties, appointed by Colorado counties, incorporated, or a successor organization that represents Colorado's counties;
(G) Five representatives of the consolidated communications network of Colorado, incorporated, or a successor nonprofit organization comprised of participating user agencies using the Colorado digital trunked radio system; and
(H) Two members representing the law enforcement agencies, one who is selected by the Colorado association of chiefs of police and one who is selected by the county sheriffs of Colorado;
(II) Five members representing state government as follows:
(A) The chief information officer of the governor's office of information technology, or his or her designee;
(B) The chief of the Colorado state patrol, or his or her designee;
(C) The executive director of the department of corrections, or the executive director's designee;
(D) The executive director of the department of transportation, or the executive director's designee; and
(E) The executive director of the department of natural resources, or the executive director's designee;
(III) Two members representing the two tribal nations in the state, one selected by each of the two tribal nations.
(f) (I) For the entities described in sub-subparagraphs (A) and (C) of subparagraph (I) of paragraph (e) of this subsection (3.3), each entity may nominate one or more persons to the executive director for appointment to the positions. The executive director, in consultation with the advisory committee, shall consider geographic representation and technical expertise in choosing appointees. The executive director shall notify the entities in writing regarding the appointments made. Each appointee appointed pursuant to this paragraph (f) serves at the pleasure of the executive director.
(II) The members of the subcommittee appointed or selected pursuant to subparagraphs (I) and (III) of paragraph (e) of this subsection (3.3) serve at the pleasure of the appointing or selecting authority.
(g) In addition to the members described in paragraph (f) of this subsection (3.3), the executive director, in consultation with the advisory committee, may appoint additional members to the subcommittee. The terms of such members are for a period, not to exceed two years, identified by the executive director when making the appointments. The executive director shall ensure that such appointments maintain, to the greatest extent possible, the geographic diversity and expertise of the subcommittee.
(h) The subcommittee members are entitled to receive reimbursement for necessary travel and other reasonable expenses incurred in the performance of their official duties.
(i) Repealed.
(3.5) (a) In addition to any subcommittees created pursuant to paragraph (f) of subsection (3) of this section, there is hereby created the emergency planning subcommittee, also referred to in this subsection (3.5) as the subcommittee, to the advisory committee.
(b) (I) The subcommittee consists of twelve members.
(II) Five of the twelve members are the following ex officio representatives of state government or their designees:
(A) The director;
(B) The director of the division of fire prevention and control in the department of public safety;
(C) The director of the division of local government in the department of local affairs;
(D) The director of the division in the department of public health and environment responsible for hazardous materials and waste management; and
(E) A representative of the Colorado state patrol in the department of public safety.
(III) The remaining seven members of the subcommittee are appointed by the executive director for two-year terms, and may be reappointed for additional terms. Of those seven members, two shall represent local governments, two shall be from either public interest groups or community groups, one shall represent a local emergency planning committee, and two shall represent industries affected by implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499.
(c) (I) The members of the Colorado emergency planning commission, as such existed prior to its repeal pursuant to House Bill 14-1004, are the initial members of the subcommittee. The terms of such initial members continue and expire according to the dates for which such members were originally appointed.
(II) (A) Upon expiration of the terms of the initial members serving pursuant to subparagraph (I) of this paragraph (c), and upon the creation of any other vacancy or term expiration, the executive director shall appoint a member representing the same interest, as described in subparagraph (III) of paragraph (b) of this subsection (3.5), as the vacating member.
(B) A vacancy appointment is for the remainder of the unexpired term of the vacating member.
(d) Members of the subcommittee do not receive compensation or per diem for their services on the subcommittee; except that members may be reimbursed for travel expenses incurred in connection with activities other than attending meetings of the subcommittee.
(e) In addition to any other duties and functions described in part 15 of this article, the subcommittee shall advise the advisory committee on matters pertaining to implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499. The subcommittee shall also keep the advisory committee informed of actions it takes under section 24-33.5-1504 regarding local emergency planning committees or districts.
(f) Repealed.
(4) (a) This section is repealed, effective September 1, 2031.
(b) Prior to repeal, the department of regulatory agencies shall review the advisory committee in accordance with section 2-3-1203, C.R.S.
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1125, § 28, effective July 1. L. 2014: (3.5) added, (HB 14-1004), ch. 11, p. 105, § 11, effective February 27; (2)(f)(III) amended and (3.3) added, (SB 14-127), ch. 386, p. 1925, § 3, effective June 6. L. 2016: (3.5)(b)(III) amended, (SB 16-189), ch. 210, p. 766, § 48, effective June 6. L. 2018: (3)(b) amended, (HB 18-1375), ch. 274, p. 1710, § 46, effective May 29. L. 2019: (3.3)(i) repealed, (SB 19-152), ch. 104, p. 373, § 2, effective August 2; (3.5)(f) repealed, (SB 19-151), ch. 103, p. 371, § 2, effective August 2. L. 2021: (4)(a) amended, (SB 21-144), ch. 66, p. 267, § 1, effective September 1.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 14-127, see section 1 of chapter 386, Session Laws of Colorado 2014.
24-33.5-1615. Report - repeal. (Repealed)
Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1128, § 29, effective July 1.
Editor's note: Subsection (2) provided for the repeal of this section, effective September 1, 2017. (See L. 2012, p. 1128.)
24-33.5-1616. Reserve academy grant program - created - rules - repeal. (Repealed)
Source: L. 2017: Entire section added, (SB 17-096), ch. 307, p. 1664, § 2, effective June 2.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2019. (See L. 2017, p. 1664.)
24-33.5-1617. Law enforcement, public safety, and criminal justice information sharing grant program - rules - fund created - definitions - repeal. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1073), ch. 300, p. 2764, § 2, effective May 28. L. 2022: (5)(d) and (7) amended, (HB 22-1318), ch. 457, p. 3263, § 1, effective June 8.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 2, 2023. (See L. 2022, p. 3263.)
24-33.5-1618. Nurse intake of 911 calls - pilot grant program - reporting - definitions - legislative declaration - repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-156), ch. 261, p. 1524, § 1, effective June 18.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2024. (See L. 2021, p. 1524.)
24-33.5-1619. Natural disaster mitigation enterprise - fund - goals - grant program - gifts, grants, or donations - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby:
(a) Finds and determines that:
(I) Increased greenhouse gas emissions and rapidly rising temperatures resulting from human activity are changing the climate in ways that threaten Colorado's economy, the health of its residents, and its natural landscape;
(II) These temperature increases are already having an impact on Colorado's environment, with extreme wildfires, floods, drought, extreme weather events, and heat waves dramatically increasing in recent years;
(III) The economic impacts of these increasingly frequent and severe disasters are enormous, for example with the 2020 wildfires costing seventy-seven million dollars to fight through August, and the 2012 drought resulting in losses of seven hundred twenty-six million dollars for the agriculture sector alone;
(IV) Local governments are on the forefront of responding to these challenges and possess significant experience and expertise in addressing them;
(V) Although state and federal funding is routinely made available to help local communities with immediate disaster response needs, there is no long-term, consistent source of funds to support the investments needed to prevent disasters from happening and to make local communities more resilient against future disasters;
(VI) Making these investments will decrease losses that would otherwise be largely paid by insurers;
(VII) As documented by a 2019 report from the National Institute of Building Science, the benefit of these investments significantly exceed their costs, in some cases by ratios as high as ten to one;
(VIII) Accordingly, funding for ongoing disaster mitigation efforts should be related to property and casualty insurance products; and
(b) Declares that:
(I) The natural disaster mitigation enterprise provides valuable services, benefits, and useful business services to insurers, when, in exchange for payment of the fee described in subsection (4) of this section, the enterprise uses the fees to:
(A) Provide grants to local governments to implement resilience and natural disaster mitigation measures;
(B) Assist entities that apply for federal grants dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures by issuing grants to help the entities provide the matching funds required for the federal grants; and
(C) Provide local governments technical assistance on natural disaster mitigation;
(II) By providing the benefits and services specified in subsection (1)(b)(I) of this section, the natural disaster mitigation enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(III) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the fee collected by the enterprise is a fee, not a tax, because the fee is imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in subsection (1)(b)(I) of this section to insurers that pay the fee and the fee is collected at a rate that is reasonably calculated based on the benefits received by those insurers;
(IV) So long as the natural disaster mitigation enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the fee collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(B); and
(V) No other enterprise created simultaneously or within the preceding five years serves primarily the same purpose as the natural disaster mitigation enterprise and the natural disaster mitigation enterprise will generate revenue from fees and surcharges of less than one hundred million dollars total in its first five fiscal years. Accordingly, the creation of the natural disaster mitigation enterprise does not require voter approval pursuant to the provisions of section 24-77-108.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Board means the board of directors of the enterprise.
(b) Eligible entity means a governing subdivision of the state, including counties, municipalities, school districts, and special districts, that implements or intends to implement natural disaster mitigation measures, or that is applying for a federal grant that both requires matching funds and is dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.
(c) Enterprise means the natural disaster mitigation enterprise created in subsection (3) of this section.
(d) Fee means the fee described by subsection (4) of this section;
(e) Fund means the natural disaster mitigation cash fund created in subsection (5) of this section.
(f) Grant program means the natural disaster mitigation grant program created in subsection (7) of this section.
(g) Natural disaster mitigation means taking measures that reduce the risk of loss of life and property from future natural hazard disasters and decreasing costs associated with disaster recovery.
(3) Enterprise. (a) There is hereby created in the department the natural disaster mitigation enterprise. The enterprise is and operates as a government-owned business within the department for the business purpose of collecting the fee charged to certain insurers, and utilizing the fee revenue to administer the grant program and to provide local governments technical assistance on natural disaster mitigation. The enterprise exercises its powers and performs its duties and functions under the department as if transferred to the department by a type 2 transfer, as defined in the Administrative Organization Act of 1968, article 1 of this title 24.
(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) The enterprise's primary powers and duties are to:
(I) Collect the fee described in subsection (4) of this section;
(II) Promote natural disaster mitigation by issuing grants as specified in subsection (7) of this section;
(III) Provide local governments technical assistance on natural disaster mitigation;
(IV) By resolution, authorize and issue revenue bonds that are payable only from the money in the fund, which revenue bonds may be issued to promote the hazard mitigation purposes specified in this subsection (3)(c);
(V) Adopt, amend, or repeal policies for the regulation of its affairs and the conduct of its business consistent with this section, including establishing application, review, approval, reporting, and other requirements for grants; and
(VI) Engage the service of contractors, consultants, and legal counsel, including the department and the attorney general's office, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids.
(d) The enterprise is governed by a board of directors. The board consists of the following thirteen members appointed by the executive director of the department of public safety:
(I) One member representing the department of public safety;
(II) One member representing the department of public health and environment;
(III) One member of the Colorado resiliency office;
(IV) One member who has experience in environmental justice and representing underserved communities;
(V) Four members who are representatives of local governments at least one of whom represents a county, one of whom represents a municipality, and all of whom, taken as a whole and to the greatest extent possible, represent the geographic diversity of the state;
(VI) Two members who are scientists with expertise in climate-induced weather hazards, resilience planning, or disaster mitigation; and
(VII) Three members representing the insurance industry.
(e) The member appointed pursuant to subsection (3)(d)(I) of this section shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board.
(f) The term of office of board members is four years; except that the executive director shall designate two members appointed pursuant to subsection (3)(d)(V) of this section, one of the members appointed pursuant to subsection (3)(d)(VI) of this section, and three of the members appointed to subsections (3)(d)(I), (3)(d)(II), (3)(d)(IV), and (3)(d)(VII) to serve initial terms of two years.
(g) A vacancy on the board is filled in the same manner as the original appointment was made. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
(h) The board shall meet at least quarterly and the chair may call additional meetings as necessary for the board to complete its duties.
(i) Each member of the board is entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending official board meetings.
(4) Fee. (a) Each insurer that has a policy or contract of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state shall pay a fee imposed and collected by the enterprise. The enterprise shall transmit any fee collected in accordance with this subsection (4) to the state treasurer, who shall credit the same to the fund. Any fee transmitted to the state treasurer that is collected on behalf of the enterprise is excluded from the state's fiscal year spending. For each insurer, the amount of the fee must equal two dollars multiplied by the number of certain policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state.
(b) On or before July 1, 2023, an insurer shall:
(I) Pay the fee for the policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state from March 1, 2022, through December 31, 2022, and held by the insurer from March 1, 2022, through December 31, 2022; and
(II) Report to the enterprise the number of policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state from March 1, 2022, through December 31, 2022, and held by the insurer from March 1, 2022, through December 31, 2022.
(c) On or before July 1, 2024, and on or before July 1 of each year thereafter through 2029, an insurer shall:
(I) Pay the fee for the policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state during the previous calendar year and held by the insurer in the previous calendar year; and
(II) Report to the enterprise the number of policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state during the previous calendar year and held by the insurer in the previous calendar year.
(d) On or before December 31, 2023, and on or before December 31 each year thereafter through 2029, the enterprise shall compare the list of insurers who paid the fee with a list compiled by the division of insurance of those insurers that have policies or contracts of the types listed in subsection (4)(e) of this section covering property or risks in the state and shall notify the division of insurance of any insurer's failure to pay the fee described in this subsection (4). Upon receiving notice of an insurer's failure to pay the fee, the division of insurance shall notify the insurer of the fee requirement. If the insurer fails to pay the fee within fifteen days after receiving the notice, the division of insurance may impose a civil penalty of not more than one hundred twenty percent of the amount due. The insurer shall pay the civil penalty to the division of insurance. The division of insurance shall transfer the amount received to the state treasurer who shall credit the same to the fund.
(e) Insurance companies are liable for the fee on policies or contracts covering property or risks in the state of the following types:
(I) Fire;
(II) Allied lines;
(III) Private crop;
(IV) Farmers multiple peril;
(V) Homeowners multiple peril; or
(VI) Commercial multiple peril.
(f) Each insurer subject to the provisions of this subsection (4) is authorized to recoup the fee described in this subsection (4) from its policy holders.
(g) Each insurer subject to the provisions of this subsection (4) shall not raise its premiums based on the fee described in this subsection (4).
(h) The fee described in this subsection (4) must not be considered a premium for any purpose, including the computation of the gross premium tax described in section 10-3-209 or the producer's commission.
(i) The enterprise shall also ensure, by lowering the fee imposed by this subsection (4) to the extent necessary, that the total amount of fee revenue does not exceed one hundred million dollars over the first five fiscal years of the enterprise's existence.
(5) Fund. (a) There is hereby created in the state treasury the natural disaster mitigation cash fund. The fund consists of money credited to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(b) The money in the fund shall not be deposited in or transferred to the general fund or any other fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(c) Money in the fund is continuously appropriated to the enterprise for the purposes of:
(I) Administering the grant program and awarding grants in accordance with subsection (7) of this section;
(II) Providing local governments technical assistance on natural disaster mitigation;
(III) For any direct and indirect administrative expenses incurred by the enterprise; and
(IV) Repaying the general fund loan provided in subsection (5)(e) of this section.
(d) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section, so long as the combination of grants from the state and local governments is less than ten percent of the enterprise's total revenue.
(e) (I) On June 30, 2023, the state treasurer shall transfer ninety-five thousand dollars from the general fund to the fund for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. Notwithstanding any other law, the enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, the transfer is a loan from the state treasurer to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise is credited to the fund or to an account within the fund. Loan liabilities that are recorded in the fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.
(II) No later than December 31, 2025, the enterprise shall repay the loan of ninety-five thousand dollars received pursuant to subsection (5)(e)(I) of this section and accumulated interest. Interest accrues on the money borrowed at a rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the Wall Street Journal as of the date the transfer required by subsection (5)(e)(I) of this section is made, beginning on that date and continuing until the date on which the money is repaid.
(III) This subsection (5)(e) is repealed, effective July 1, 2026.
(6) Natural disaster mitigation goals. The enterprise shall administer the grant program and award grants and provide local governments technical assistance on natural disaster mitigation to achieve the following natural disaster mitigation goals:
(a) Reduce the negative impacts from future disasters on lives, property, and the economy;
(b) Improve the resilience of local communities given the increased frequency and intensity of severe weather events resulting from climate change;
(c) Engage in mitigation activities that directly reduce risks to lives and property, are cost-effective, technically feasible, science-based, ecologically sound, and environmentally sound as well as allowing strategic investment of limited resources and not harming underserved communities;
(d) Reduce repetitive losses;
(e) Utilize federal funding available for natural disaster mitigation projects; and
(f) Support communities with limited capacity to plan, prepare, and submit grant proposals under subsection (7) of this section.
(7) Grant program. (a) The enterprise shall administer the natural disaster mitigation grant program and, subject to available appropriations and revenues, shall award grants from the fund as provided in this subsection (7).
(b) The purpose of the grant program is to achieve the goals specified in subsection (6) of this section by assisting entities that are implementing disaster mitigation measures, or that have applied for federal grants that both require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures. The board may not award grants for renewable energy generation projects, resources, or technologies. The board may award grants for projects that include slope stabilization, watershed restoration, fuels mitigation, drought mitigation, and similar activities that directly reduce risks to communities, lives, and property. The board shall establish criteria to evaluate and prioritize applications for grants, based on:
(I) In the case of an eligible entity that is applying for a federal grant that both requires matching funds and is dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures, the federal emergency management agency's standardized benefit-cost analysis in accordance with current published federal guidance; a different methodology may only be used when it addresses a noncorrectable flaw in the federal emergency management agency's approved methodology, as identified by the board;
(II) The financial need of the eligible entity;
(III) The degree to which the eligible entity's proposal demonstrates benefits to underserved communities; and
(IV) The degree to which the eligible entity's proposal demonstrates consultation and collaboration with underserved communities.
(c) An eligible entity may submit an application to the enterprise for a grant pursuant to the policies and procedures specified by the board.
(d) Grant recipients shall only use the money received through the grant program for implementing disaster mitigation measures, or to offset the recipient's federal match requirement for federal grants dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.
(e) The board shall review the applications received pursuant to this section and shall award:
(I) No less than eighty-five percent of the annual fund revenue for grant awards nor award more than fifteen percent of the annual revenue in any single grant award; except that, by unanimous vote of the board, grants of up to twenty-five percent of the annual revenue can be awarded in exceptional circumstances;
(II) No more than ten percent of the annual fund revenue for technical assistance to support communities with limited capacity to plan, prepare, and submit grant proposals; and
(III) No more than five percent of the annual fund revenue for administering the grant program and awarding grants in accordance with this subsection (7).
(f) (I) A grantee shall report quarterly to the board on the progress of the project financed by the grant pursuant to terms specified in the grant award agreement.
(II) The board shall develop a policy regarding a grantee's noncompliance with the grant agreement entered into by the grantee and the board, which policy may include a mechanism for the board to convert the grantee's grant to a loan with interest.
(g) For grantees being awarded funds for use as a federal match, the award of any grant under this subsection (7) is contingent upon the applicant being awarded the federal grant that the applicant sought assistance with in its grant application. Grantees must comply with the requirements of any federal grants they receive pursuant to this section.
(8) Reporting. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department is assigned pursuant to section 2-7-204 (1). The report must include:
(a) The unobligated balance of the fund, the number of grant applications, and the number and value of grants awarded;
(b) The eligible entities that have applied for a grant, the actions taken by each grantee, other measurements of success, and the amount of grant money distributed to each grantee;
(c) The progress toward achievement of the natural disaster mitigation goals specified in subsection (6) of this section and the primary factors facilitating and inhibiting that progress; and
(d) Any suggested legislation or policy changes.
(9) Repeal. This section is repealed, effective January 1, 2030.
Source: L. 2021: Entire section added, (HB 21-1208), ch. 464, p. 3342, § 1, effective September 7. L. 2023: (5)(c)(II) and (5)(c)(III) amended and (5)(c)(IV) and (5)(e) added, (SB 23-263), ch. 396, p. 2361, § 1, effective June 6.
24-33.5-1620. Preventing identity-based violence grant program - creation - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Educational entity means a school district; a board of cooperative services; a district charter school or an institute charter school operating pursuant to article 30.5 of title 22; a state institution of higher education, as defined in section 23-18-102 (10)(a); a local district college, created pursuant to article 71 of title 23; an area technical college, as defined in section 23-60-103; or a private institution of higher education, as defined in section 23-18-102 (9).
(b) Eligible entity means a county, municipality, or city and county, and any agency thereof; an American Indian tribe; a law enforcement agency; a district attorney's office; an educational entity; and a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, which may be a community-based nonprofit organization that has experience working with those affected by identity-based violence.
(c) Intelligence information means evaluated data relevant to the identification of activity engaged in by an individual or organization reasonably suspected of involvement in criminal activity that meets criminal intelligence system submission criteria as set forth in 28 CFR part 23.
(d) Office means the office of prevention and security created in section 24-33.5-1606.
(e) Program means the preventing identity-based violence grant program established in subsection (2)(a) of this section.
(2) (a) There is established in the division the preventing identity-based violence grant program to provide grants to eligible entities for programs that focus on building strong communities and preventing acts of violence that threaten human life or critical infrastructure, venues, or key resources, in which actors or groups intentionally target a discernible population of individuals, such as a population determined by its members' ethnicity, national origin, religion, or sexual orientation or identity, in a manner that poses a threat to homeland security, referred to in this section as identity-based violence. The office shall administer the program in accordance with this section and department rules.
(b) (I) A project funded with a grant award must further at least one of the following program goals:
(A) Building awareness for the prevention and intervention of identity-based violence within Colorado communities;
(B) Strengthening local collaboration and capabilities for prevention and intervention of identity-based violence; or
(C) Building sustainable support for the prevention and intervention of identity-based violence.
(II) A project must not infringe on individual privacy, civil rights, and civil liberties.
(III) (A) A grant recipient that is not a law enforcement agency shall not collect or maintain intelligence information about the political, religious, or social views, associations, or activities of any individual or group, association, corporation, business partnership, or other organization.
(B) A law enforcement agency shall comply with the requirements set forth in 28 CFR part 23 with regard to the collection, maintenance, and use of intelligence information learned by the agency though a program funded with a grant award, regardless of whether the agency is a direct grant recipient or is acting in partnership with a grant recipient.
(3) (a) The department shall promulgate rules as necessary for the administration of this section. At a minimum, the rules must specify the following:
(I) The content of a grant application, the deadline for submitting a grant application, and the deadline for the division to award grants;
(II) Criteria for selecting grant recipients, which may include consideration of annual grant priorities described in subsection (3)(b) of this section;
(III) Guidelines for determining the amount of each grant award;
(IV) A process for verifying that grant recipients are complying with the requirements of the program; and
(V) Requirements for grant recipients to report information necessary for the department to make the report required pursuant to subsection (7) of this section.
(b) The department shall annually evaluate environmental factors that lead to identity-based violence and challenges to reducing identity-based violence. The department may establish annual priorities for the program that address the identified factors and challenges.
(4) In order to receive a grant, an eligible entity that is not a community-based nonprofit organization that has experience working with those affected by identity-based violence must partner with a community-based nonprofit organization with that experience to carry out the project funded by a grant award. An eligible entity seeking a grant award must submit a complete application to the office. At a minimum, the grant application must:
(a) Describe the community-based nonprofit organization that the applicant has partnered with and how funds will be allocated among the applicant and its partner nonprofit organization, if applicable;
(b) Describe the project that will be funded with a grant award, including:
(I) Which program goal, as described in subsection (2)(b) of this section, is furthered by the proposed project; and
(II) How the project aligns with program goals described in this section and the annual grant priorities determined by the department;
(c) Demonstrate that the applicant has sufficient authority and capacity to implement the project outlined in the applicant's grant proposal, including the capability to engage the participants the applicant proposes to include in the project; and
(d) Describe any potential impacts of the project on individuals' privacy, civil rights, and civil liberties and explain how the applicant will prevent or mitigate those impacts and administer the applicant's projects in a nondiscriminatory manner.
(5) (a) The office shall:
(I) Accept and review grant applications;
(II) Award grants in accordance with the criteria established by rules promulgated by the department and determine the amount, based on available appropriations, that will be awarded to each grant recipient; and
(III) Verify that grant recipients are complying with the requirements of the program.
(b) The office shall include in each grant award any project performance measures that the grant recipient must report to the office.
(6) (a) Grant recipients may use the money received through the program to support the proposed project included in the grant application, and up to five percent of the award may be used for management and administration of the grant funds. Grant recipients shall not use any part of a grant award as matching funds for other grants or cooperative agreements or for lobbying efforts, litigation costs, or intervention in regulatory or adjudicatory proceedings.
(b) A grant recipient shall submit a quarterly report to the office that describes any use of grant money and whether the project has met any performance measures identified in the grant application or set by the office in the grant award.
(7) (a) On or before July 31, 2023, and on or before July 31 of each year thereafter, the department shall submit a report to the general assembly concerning the activities of the program during the prior state fiscal year. The report must include the following information about the program:
(I) The number and amount of grants awarded;
(II) The number of counties impacted by grant awards; and
(III) Whether grant recipients are meeting project performance measures and overall program goals.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement in this section continues indefinitely.
(8) (a) The general assembly shall annually appropriate one million dollars to the department to implement the program.
(b) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
Source: L. 2022: Entire section added, (HB 22-1234), ch. 192, p. 1276, § 1, effective May 19.
24-33.5-1621. Essential materials - stockpile - rotation - emergency stockpile rotation cash fund - creation - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that:
(I) At the outset of the COVID-19 pandemic, there was a shortage in the state of ventilators and personal protective equipment that could help slow the spread of the virus, but the division has since acquired a stockpile of these items using federal money;
(II) The division has distributed these materials, along with other items such as shelf-stable foods and personal hygiene supplies, during the current public health emergency; and
(III) It is important for the state to maintain this stockpile to respond to the current pandemic and for any future disaster emergencies.
(b) The general assembly further finds and declares that:
(I) Acquiring and maintaining a reserve of essential materials that may be distributed in response to the COVID-19 public health emergency or future disaster emergencies is a critical government service for the state to provide to the citizens of this state; and
(II) Therefore, it is appropriate to use money in the revenue loss restoration cash fund for this purpose.
(2) As used in this section, unless the context otherwise requires:
(a) Cash fund means the emergency stockpile rotation cash fund created in subsection (6) of this section.
(b) Essential materials means personal protective equipment, ventilators, and any other items that the director or the director's designee determines are necessary to respond to a disaster emergency or other circumstances in which there is a need for or benefit to distribution or that enhance the ability of state agencies, schools, local public health agencies, hospitals, primary care providers, nonprofit organizations, faith-based organizations, tribal governments with jurisdiction in Colorado, or other entities or individuals and their community partners to respond to current or future disaster emergencies or other circumstances in a way that would help protect public health or safety.
(c) Personal protective equipment means face coverings, gowns, face shields, and gloves.
(d) Revenue loss restoration cash fund means the revenue loss restoration cash fund created in section 24-75-227 (2)(a).
(3) (a) The division shall procure and maintain a stockpile of essential materials that are available for distribution after the governor has declared a disaster emergency in accordance with section 24-33.5-704 (4), when the director or the director's designee determines that there are other circumstances in which there is a need for or benefit to distribution, or when the director or the director's designee determines that their distribution will enhance the ability of state agencies, schools, local public health agencies, hospitals, primary care providers, nonprofit organizations, faith-based organizations, tribal governments with jurisdiction in Colorado, or other entities or individuals and their community partners to respond to current or future disaster emergencies or other circumstances in a way that would help protect public health or safety. Distribution of essential materials for the purpose of ensuring that they can be used in normal, nonemergency times before their useful life ends is a use of such materials in a way that would help protect public health or safety. Subject to available appropriations, the division shall attempt to ensure that, in the event of a national public health emergency, the stockpile has a sufficient supply of personal protective equipment to bridge the gap until the national supply chain can increase production to meet the demand for such items.
(b) The division, in consultation with the department of public health and environment, may distribute the essential materials to state agencies, schools, local public health agencies, hospitals, primary care providers, other health-care providers, nonprofit organizations, faith-based organizations, tribal governments with jurisdiction in Colorado, or any other entity or individual or community partner of any of the foregoing that the director or the director's designee determines is in need as a result of a disaster emergency, in other circumstances in which the director or the director's designee determines that there is a need for or benefit to such distribution, or when the director or the director's designee determines that distribution will enhance the ability of any such entity, individual, or community partner to respond to current or future disaster emergencies or other circumstances in a way that would help protect public health or safety.
(4) In order to ensure that the essential materials in the stockpile are rotated prior to their applicable expiration dates, state agencies shall, to the extent possible, procure essential materials from the division. In addition, the division may donate or sell essential materials as necessary to avoid having stock that is past its expiration date. Any proceeds from the sale of the essential materials are credited to the cash fund.
(5) The director may contract with a third-party entity to procure, maintain, rotate, and distribute the stockpile of essential materials as required by this section.
(6) (a) The emergency stockpile rotation cash fund is hereby created in the state treasury. The cash fund consists of the proceeds of sales of essential materials credited to the cash fund in accordance with subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the cash fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the emergency stockpile rotation cash fund to the cash fund.
(c) Money in the cash fund is continuously appropriated to the department for use by the division as required by this section.
(7) The division may seek, accept, and expend gifts, grants, or donations from private or public sources, including from the federal government, for the purposes of this section.
(8) The general assembly may appropriate money from the general fund to the department for use by the division for the purposes of this section. In addition, for expenditures that are made prior to December 31, 2024, the general assembly may appropriate money from the revenue loss restoration cash fund for the same purposes, notwithstanding the limitation in section 24-75-227 (3)(c).
(9) Beginning in January 2027, and in January every year thereafter, the department shall include, as part of its presentation during its SMART Act hearing required by section 2-7-203, information concerning the acquisition of essential materials for and distribution of essential materials from the stockpile of essential materials procured and maintained by the division pursuant to subsection (3)(a) of this section. The report shall include the following information for each acquisition or distribution:
(a) The date of the acquisition or distribution;
(b) The type and quantity of essential materials acquired or distributed;
(c) The entity or individual that provided or received a distribution of essential materials;
(d) In the case of an acquisition, the reason or reasons for and cost of the acquisition;
(e) In the case of a distribution, the reason or reasons for the distribution; and
(f) Any other information that the department or the director or director's designee deems appropriate.
Source: L. 2022: Entire section added, (HB 22-1352), ch. 177, p. 1170, § 1, effective May 18. L. 2025: (2)(b) and (3) amended and (9) added, (HB 25-1025), ch. 30, p. 164, § 1, effective March 26.
24-33.5-1622. Colorado nonprofit security grant program - rules - definitions - appropriation. (1) As used in this section, unless the context otherwise requires:
(a) Federal program means the federal nonprofit security grant program administered by the federal emergency management agency.
(b) Grant program means the Colorado nonprofit security grant program created in subsection (2) of this section.
(2) Program created - allowable costs - rules. (a) There is created in the division the Colorado nonprofit security grant program to provide grants to nonprofit organizations for physical security enhancements and other security-related activities.
(b) Grant recipients may use the money received for security-related activities, including but not limited to:
(I) The installation of security equipment on real property owned or leased by the nonprofit organization;
(II) Security-related planning, exercises, training, and contracted security personnel;
(III) New or existing infrastructure; except that priority must be given to existing infrastructure projects; or
(IV) Any other security enhancements approved by the division and in accordance with the allowable costs under the federal program.
(c) The division shall administer the grant program, and, subject to available appropriations, shall award grants as provided in this section; except that a grant award may not be greater than fifty thousand dollars.
(d) No later than August 30, 2022, the director shall promulgate rules necessary to implement the grant program. At a minimum, the rules must specify:
(I) The time frames for applying for grants, the form of the grant program application, the criteria for evaluating the financial need of grant applicants, the time frames for distributing grant money, and requirements for reports from grant recipients; and
(II) That a grant recipient must have submitted an application for, but not been selected to receive, a grant under the federal program.
(e) No later than December 1, 2022, the division shall begin accepting applications in accordance with the rules promulgated in accordance with subsection (2)(d) of this section.
(3) Application - criteria - award. (a) To receive a grant, a nonprofit organization shall submit an application to the division in accordance with the rules promulgated pursuant to subsection (2)(d) of this section.
(b) The division shall review the applications received in accordance with this section. In awarding the grants, the division shall consider the financial need of the applicant, as determined in accordance with the rules promulgated pursuant to subsection (2)(d) of this section.
(c) Subject to available appropriations, the division shall award grants as provided in this section. The division shall announce grant awards on its website within five business days after making the awards. The division shall distribute the grant money within thirty days after awarding the grants.
(4) Reporting requirement. Each grant recipient shall submit the following information to the division in accordance with the rules promulgated pursuant to subsection (2)(d) of this section:
(a) A project implementation plan;
(b) A quarterly progress report;
(c) A summary report upon completion of the project; and
(d) Any reimbursement request.
(5) Appropriation. For the 2022-23 state fiscal year, the general assembly shall appropriate five hundred thousand dollars from the general fund to the department for use by the division for the purposes of this section.
Source: L. 2022: Entire section added, (HB 22-1077), ch. 389, p. 2765, § 2, effective June 7.
Cross references: For the legislative declaration in HB 22-1077, see section 1 of chapter 389, Session Laws of Colorado 2022.
24-33.5-1623. Urgent incident response fund - created - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Director means the director of the division.
(b) Division means the division of homeland security and emergency management in the department of public safety created in section 24-33.5-1603.
(c) Fund means the urgent incident response fund created in subsection (2) of this section.
(d) Local government means a city, county, municipality, city and county, tribal government, or any other political subdivision of the state that is not a state agency.
(e) State agency means any department, division, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.
(2) The urgent incident response fund is hereby created in the state treasury. The fund consists of any money that the general assembly may appropriate or transfer to the fund and any money received through gifts, grants, or donations. The director may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The director shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Money in the fund is annually appropriated to the division for the purpose of reimbursing state agencies and local governments for the costs of responding to urgent incidents that do not rise to the level of disasters as defined in section 24-33.5-703 (3) or emergencies as defined in section 24-33.5-703 (3.5). The division shall not expend money from the fund:
(a) For any of the purposes specified in section 24-33.5-702;
(b) To reimburse state agencies or local governments for the costs of responding to disasters as defined in section 24-33.5-703 (3) or emergencies as defined in section 24-33.5-703 (3.5); or
(c) For the purpose of responding to a disaster emergency declared pursuant to section 24-33.5-704.
(4) After reimbursing a state agency or local government for the costs of responding to an urgent incident, the division shall publish, at a minimum, the following information on the division's website: the state agency or local government receiving the reimbursement, the amount of the reimbursement, and the purpose for which the state agency or local government will use the reimbursement.
(5) The division shall promulgate rules to establish a process for local governments and state agencies to receive reimbursement pursuant to subsection (3) of this section. At minimum, the process must include criteria for:
(a) Applying for a reimbursement;
(b) Eligibility for determining the amount of a reimbursement; and
(c) The distribution and receipt of an approved reimbursement.
Source: L. 2023: Entire section added, (HB 23-1270), ch. 288, p. 1732, § 1, effective June 1.
24-33.5-1624. Telecommunications security - telecommunications network - national security - general provisions - registration - rules - secure telecommunications cash fund - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) (I) Critical telecommunications infrastructure means all physical telecommunications infrastructure and equipment that supports the transmission of information, regardless of the transmission medium or technology employed, and that connects to a telecommunications network that permits the user to engage in the use of telecommunications service, including telecommunications service provided directly to the public or to such classes of uses as to be effectively available to the public.
(II) Critical telecommunications infrastructure does not include telecommunications equipment that is used solely for the operation of a utility and that is not used in connection with telecommunications service offered to the public.
(b) Federally banned entity means any entity or equipment that the federal government has banned or imposed sanctions against, including banning or sanctions imposed by the following federal agencies and acts:
(I) The federal communications commission, including:
(A) Any entity, equipment, or service deemed to pose a threat to national security identified on the covered list described in 47 CFR 1.50002; and
(B) Any entity, equipment, or service identified on the covered list published by the public safety and homeland security bureau pursuant to the federal Secure and Trusted Communications Networks Act of 2019, 47 U.S.C. sec. 1601 et seq., as amended;
(II) The United States department of commerce;
(III) The United States cybersecurity and infrastructure security agency;
(IV) The federal acquisition security council, established pursuant to the federal SECURE Technology Act, 41 U.S.C. sec. 1322, as amended; and
(V) Section 889 of the federal John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub.L. 115-232.
(c) (I) Telecommunications provider means an entity that offers wireless telecommunications service for a fee directly to the public or to such classes of uses as to be effectively available to the public.
(II) Telecommunications provider does not include a municipality or a municipally owned utility.
(2) General provisions. (a) All critical telecommunications infrastructure located within Colorado must be constructed to not include any equipment manufactured by a federally banned entity or any other telecommunications equipment that is banned by the federal government.
(b) (I) For all critical telecommunications infrastructure located within Colorado that is currently in operation and that utilizes equipment that is prohibited by subsection (2)(a) of this section, the prohibited equipment must be removed and replaced with equipment that is not manufactured by a federally banned entity, in accordance with the federal Secure and Trusted Communications Networks Act of 2019, 47 U.S.C. sec. 1601 et seq., as amended.
(II) A telecommunications provider that removes, discontinues, or replaces any telecommunications equipment manufactured by a federally banned entity is not required to obtain additional permits from any state agency or political subdivision of the state for the removal, discontinuance, or replacement of the telecommunications equipment if:
(A) The telecommunications provider notifies the division or relevant political subdivision of the state of the necessary removal, discontinuance, or replacement of the telecommunications equipment; and
(B) The replacement telecommunications equipment is substantially similar to the existing telecommunications equipment that is being replaced.
(III) If the removal, discontinuance, or replacement of telecommunications equipment requires any work to be completed in a public right-of-way or on any property owned or controlled by a public entity, a telecommunications provider shall:
(A) Comply with the requirements of subsection (2)(b)(II) of this section;
(B) Provide notice to the relevant public entity at least seven days before beginning any work; and
(C) Coordinate with the relevant public entity for completion of the work.
(3) Registration - rules. (a) On or before January 15, 2025, a telecommunications provider with critical telecommunications infrastructure located in Colorado shall register with the division and pay an initial fifty-dollar registration fee. The division shall transmit the initial fifty-dollar registration fee to the state treasurer, who shall credit the money to the secure telecommunications cash fund created in subsection (5) of this section.
(b) A telecommunications provider that registers with the division pursuant to subsection (3)(a) of this section shall:
(I) Provide the division with the name, address, telephone number, and email address of the primary point of contact who oversees the operation of telecommunications service in Colorado by the telecommunications provider;
(II) Pay the initial registration fee pursuant to subsection (3)(a) of this section; and
(III) Certify to the division by January 15 of each year that all critical telecommunications infrastructure operated by the telecommunications provider in Colorado:
(A) Does not use any telecommunications equipment manufactured by a federally banned entity; or
(B) Uses telecommunications equipment manufactured by a federally banned entity, but the telecommunications provider is a participant in the federal secure and trusted communications networks reimbursement program, established by the federal Secure and Trusted Communications Networks Act of 2019, 47 U.S.C. sec. 1601 et seq., as amended, and is in compliance with the reimbursement program.
(c) (I) A telecommunications provider must register with the division in accordance with subsections (3)(a) and (3)(b) of this section by January 15 of each year until the telecommunications provider certifies to the division that all telecommunications equipment prohibited pursuant to subsection (2)(a) of this section has been removed from all critical telecommunications infrastructure located within Colorado.
(II) A telecommunications provider that initially certifies, pursuant to subsection (3)(b)(III)(A) of this section, that it does not use telecommunications equipment manufactured by a federally banned entity is not required to further register or submit status reports to the division in accordance with subsection (3)(d) of this section.
(d) (I) If a telecommunications provider certifies to the division that it is a participant in the federal secure and trusted communications networks reimbursement program, pursuant to subsection (3)(b)(III)(B) of this section, and that the telecommunications provider is in the process of removing the telecommunications equipment prohibited pursuant to subsection (2)(a) of this section, the telecommunications provider shall provide to the division copies of any status update required by the federal government as part of the federal Secure and Trusted Communications Networks Act of 2019, 47 U.S.C. sec. 1601 et seq., as amended.
(II) The division shall not require a telecommunications provider to provide more than two status reports in a calendar year and shall not collect any more information from the telecommunications provider than what the telecommunications provider is required to provide to the federal government.
(III) The division shall not require a telecommunications provider to pay more than the initial fifty-dollar registration fee, even if the telecommunications provider must continue to certify to the division that the telecommunications provider uses telecommunications equipment manufactured by a federally banned entity in accordance with subsection (3)(c)(I) of this section and provide status updates to the division in accordance with this subsection (3)(d).
(4) Rules. The director of the division shall promulgate and enforce any rules necessary to implement this section, including:
(a) Developing procedures for a telecommunications provider to notify any relevant state agencies or political subdivisions of the state when the telecommunications provider is planning to remove, discontinue, or replace any telecommunications equipment from a federally banned entity; and
(b) Establishing registration procedures and fees in accordance with subsection (3) of this section.
(5) Secure telecommunications cash fund - created. (a) The secure telecommunications cash fund is created in the state treasury. The fund consists of the registration fees collected by the division and credited to the fund pursuant to subsection (3)(a) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the secure telecommunications cash fund to the fund.
(c) Subject to annual appropriation by the general assembly, the division may expend money from the secure telecommunications cash fund for the purposes specified in this section.
Source: L. 2024: Entire section added, (SB 24-151), ch. 483, p. 3381, § 2, effective June 7.
Cross references: For the legislative declaration in SB 24-151, see section 1 of chapter 483, Session Laws of Colorado 2024.
PART 17
IDENTITY THEFT AND FINANCIAL FRAUD
24-33.5-1701. Short title. This part 17 shall be known and may be cited as the Identity Theft and Financial Fraud Deterrence Act.
Source: L. 2006: Entire part added, p. 1291, § 1, effective May 30.
24-33.5-1702. Legislative declaration. (1) The general assembly recognizes the significant consequences of identity theft and financial fraud crimes on Colorado citizens and businesses. The consequences suffered by Colorado citizens and businesses include the trauma of recovering stolen identities and repairing related damage to personal finances; the direct and indirect financial costs to various victims, consumers, and businesses; the time dedicated to guarding against and resolving such crimes; and the overall economic impact of such crimes.
(2) The general assembly recognizes the limited resources of local law enforcement agencies, district attorneys, and the attorney general. It is the intent of the Colorado general assembly to protect Colorado citizens and businesses by enhancing the investigation and prosecution of identity theft and financial fraud crimes by establishing a statewide resource in the form of a unit comprised of attorneys, investigators, and support staff to assist the attorney general, sheriffs, police, and district attorneys in investigating and prosecuting criminals who commit identity theft and financial fraud crimes.
(3) It is the intent of the general assembly to supplement the existing law enforcement and prosecution system and provide greater flexibility to respond to the shifting aspects of identity theft and financial fraud crimes and priorities among such crimes. The unit will also provide to the public and relevant groups appropriate information about financial fraud and the unit's activities and results. It is further the intent of the general assembly that the unit will focus its attention on criminal activity involving financial transactions, including but not limited to the types of crime covered under article 5 of title 18, C.R.S.; modifications to these and other relevant crimes; new crimes as they evolve from time to time; and suspicious activity reports required by federal law to be filed by depository institutions.
Source: L. 2006: Entire part added, p. 1291, § 1, effective May 30.
24-33.5-1703. Identity theft and financial fraud board - creation - rules. (Repealed)
Source: L. 2006: Entire part added, p. 1292, § 1, effective May 30. L. 2007: (1)(a) and (3)(a) amended, p. 2035, § 54, effective June 1. L. 2011: (2), (3), and (8) amended, (SB 11-108), ch. 252, p. 1093, § 3, effective June 2. L. 2022: (3) and (8) amended, (SB 22-013), ch. 2, p. 50, § 63, effective February 25; (1)(b) amended, (SB 22-162), ch. 469, p. 3429, § 216, effective August 10. L. 2025: Entire section repealed, (SB 25-179), ch. 322, p. 1695, § 5, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-1704. Colorado fraud investigators unit - creation - duties. (1) There is hereby created in the Colorado bureau of investigation in the department of public safety a unit for the investigation and prosecution of identity theft and financial fraud, referred to in this part 17 as the unit. The unit shall be known in the department as the Colorado fraud investigators unit.
(2) The purpose of the unit is to assist the attorney general, sheriffs, police, and district attorneys in investigating identity theft and financial fraud crimes and in prosecuting persons who commit those crimes. The unit also serves as an educational resource for law enforcement agencies, members of the financial industry, and the public regarding identity theft and financial fraud crimes and strategies for protection from and deterrence of these crimes.
(3) The unit shall:
(a) Gather information concerning identity theft and financial fraud and to analyze the information and identify relevant criminal activities, patterns, and trends throughout the state or regions thereof, whether multijurisdictional or not;
(b) Target specific forms of identity theft and financial fraud, as such forms change, on which to concentrate unit resources and effort;
(c) Disseminate information to the public, local law enforcement agencies, prosecutors, depository institutions, and other businesses concerning current and anticipated identity theft and financial fraud crimes, recommended steps to prevent such crimes, and patterns and trends in such crimes;
(d) Prepare and present classes, briefings, and materials, in printed or electronic format, to assist local law enforcement agencies, district attorneys, and the attorney general in their investigations and prosecutions; and
(e) Provide consultation on an individual case, but only upon the request of a local law enforcement agency, a local district attorney, or the attorney general.
(4) All unit resources shall be used to supplement and not replace existing law enforcement and prosecution efforts against identity theft and financial fraud crimes.
(5) The unit shall be responsive to shifting aspects of identity theft and financial fraud crimes and priorities among such crimes.
(6) and (7) Repealed.
Source: L. 2006: Entire part added, p. 1293, § 1, effective May 30. L. 2014: (7) added, (HB 14-1057), ch. 121, p. 430, § 2, effective July 1. L. 2017: (7) amended, (HB 17-1043), ch. 391, p. 2018, § 1, effective June 6. L. 2020: (7) amended, (SB 20-210), ch. 199, p. 978, § 1, effective June 30. L. 2025: (2) amended and (6) repealed, (SB 25-179), ch. 322, p. 1694, § 2, effective August 6.
Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2025. (See L. 2020, p. 978.)
24-33.5-1705. Board powers. (Repealed)
Source: L. 2006: Entire part added, p. 1294, § 1, effective May 30. L. 2011: (1)(i) repealed, (SB 11-108), ch. 252, p. 1094, § 4, effective June 2. L. 2025: Entire section repealed, (SB 25-179), ch. 322, p. 1695, § 5, effective August 6.
24-33.5-1706. Unit - comprehensive plan - report to board. (Repealed)
Source: L. 2006: Entire part added, p. 1295, § 1, effective May 30. L. 2025: Entire section repealed, (SB 25-179), ch. 322, p. 1695, § 5, effective August 6.
24-33.5-1707. Identity theft and financial fraud fund - creation - source of funds. (1) The identity theft and financial fraud fund, referred to in this section as the fund, is created in the state treasury. The fund consists of gifts, grants, or donations credited to the fund pursuant to subsection (2) of this section and all money that the general assembly appropriates or transfers to the fund. The department of public safety shall administer the fund.
(2) The department of public safety may seek, accept, and expend gifts, grants, or donations from private or public sources for the purpose of this part 17.
(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(4) Subject to annual appropriation by the general assembly, the department of public safety may expend money from the fund to staff the unit.
(5) Any money in the fund not expended or encumbered from an appropriation at the end of a fiscal year remains in the fund and is available for expenditure in the next fiscal year.
Source: L. 2006: Entire part added, p. 1297, § 1, effective May 30. L. 2014: (2)(a) amended, (HB 14-1057), ch. 121, p. 430, § 1, effective July 1. L. 2017: (2)(a)(I)(B) amended, (HB 17-1043), ch. 391, p. 2018, § 2, effective June 6. L. 2020: (2)(a)(I)(B) amended, (SB 20-210), ch. 199, p. 978, § 2, effective June 30. L. 2025: Entire section R&RE, (SB 25-179), ch. 322, p. 1694, § 4, effective August 6.
24-33.5-1708. Repeal of part. (1) This part 17 is repealed, effective September 1, 2036.
(2) Prior to said repeal, the unit shall be reviewed as provided for in section 24-34-104.
Source: L. 2006: Entire part added, p. 1298, § 1, effective May 30. L. 2011: (1) amended, (SB 11-108), ch. 252, p. 1095, § 5, effective June 2. L. 2016: (1) amended, (HB 16-1158), ch. 147, p. 442, § 1, effective August 10; (1) amended, (HB 16-1159), ch. 148, p. 444, § 1, effective August 10. L. 2025: Entire section amended, (SB 25-179), ch. 322, p. 1694, § 3, effective August 6.
PART 18
SCHOOL SAFETY RESOURCE CENTER
24-33.5-1801. Legislative declaration. (1) The general assembly hereby finds that:
(a) A safe and healthy learning environment for all students in Colorado is an important priority for the state;
(b) Research into evidence-based practices continues to demonstrate that academic achievement improves as the level of safety and security in a school increases;
(c) Studies of recent school attacks have established that school violence may be prevented with appropriate information sharing;
(d) Suicide, which remains one of the leading causes of death for Colorado's youth, may also be prevented with appropriate intervention;
(e) Both the physical and psychological well-being of students and school personnel is critically important; and
(f) Improving student engagement, including reducing dropout rates and truancy levels, is an important factor for ensuring that schools are safe and successful.
(2) The general assembly further finds that:
(a) The most appropriate way to prevent and prepare for acts of violence and other emergencies that may occur on school campuses is to foster a cooperative effort by schools, school resource officers, law enforcement agencies, emergency responders, behavioral health experts, parents, and community members to identify, gather, and apply the necessary resources; and
(b) Emergency response and crisis management measures should be implemented in all communities within the state to protect students and school personnel.
(2.5) The general assembly further finds and declares that:
(a) Human trafficking is a matter of statewide concern and has a direct impact on local communities, law enforcement agencies, and organizations that provide services to human trafficking survivors;
(b) Although training resources are available on the front range, many areas of the state have limited training resources pertaining to human trafficking that are easily available or accessible;
(c) Labor and sex trafficking can happen in any community. All areas of the state should have access to training to help identify human trafficking and provide critical services to human trafficking survivors.
(d) Traffickers target and recruit children in schools in Colorado. It is essential to increase awareness of school staff, parents and guardians, and students of the dangers of human trafficking. To assist schools, parents, and children, the Colorado school safety resource center shall annually update and disseminate a list of available human trafficking curricula to schools, including some that are free of charge.
(e) The Colorado human trafficking council has developed a curriculum and train-the-trainer program for law enforcement; and
(f) The council was also charged with developing a curriculum and train-the-trainer program for entities that provide services to human trafficking survivors. The curriculum and training programs may supplement the excellent anti-trafficking work being done by advocacy and service organizations across the state.
(3) Now, therefore, the general assembly declares that:
(a) Safe schools are a matter of statewide concern;
(b) All schools have common needs and goals to ensure a safe environment;
(c) Resources are needed to fully develop safety plans and practices in Colorado's schools, colleges, and universities;
(d) A school safety resource center dedicated to providing evidence-based practices and expertise to all schools is a cost-effective means to improve school safety;
(e) Law enforcement agencies, organizations that provide services to human trafficking survivors, and local communities would benefit from additional training opportunities related to human trafficking;
(f) The division of criminal justice and the Colorado human trafficking council are well placed to develop human trafficking curricula and to help provide training in this critical area; and
(g) The Colorado school safety resource center is committed to continuing to make available human trafficking educational resources to schools, parents, and children.
Source: L. 2008: Entire part added, p. 727, § 1, effective May 13. L. 2013: (2)(a) amended, (SB 13-138), ch. 253, p. 1343, § 5, effective May 23. L. 2019: (2.5), (3)(e), (3)(f), and (3)(g) added and (3)(c) amended, (HB 19-1051), ch. 404, p. 3576, § 2, effective August 2.
Cross references: For the legislative declaration in the 2013 act amending subsection (2)(a), see section 1 of chapter 253, Session Laws of Colorado 2013.
24-33.5-1802. Definitions. As used in this part 18, unless the context otherwise requires:
(1) Center means the school safety resource center created in the office pursuant to section 24-33.5-1803.
(2) Director means the director of the center.
(3) First responder means an individual who responds in a professional capacity to an emergency that occurs in a school building, including, but not limited to, peace officers, firefighters, emergency medical service providers, school administrators, and teachers.
(4) Office means the office of school safety created in section 24-33.5-2702.
(5) School means an institution at which instruction is provided by instructors to students in one or more buildings on a campus. School includes a school serving any of grades preschool through twelve and an institution of higher education.
Source: L. 2008: Entire part added, p. 728, § 1, effective May 13; (3.3) added, p. 733, § 1, effective May 13. L. 2012: (3.3) amended, (HB 12-1059), ch. 271, p. 1436, § 17, effective July 1. L. 2023: (1) and (2) amended and (3.5) added, (SB 23-241), ch. 120, p. 444, § 1, effective April 27. L. 2025: Entire section amended, (HB 25-1173), ch. 67, p. 285, § 1, effective April 10.
24-33.5-1803. School safety resource center - created - duties. (1) There is hereby created within the office the school safety resource center to assist schools in preventing, preparing for, responding to, and recovering from emergencies and crisis situations and to foster positive learning environments. The director of the center is appointed by the director of the office pursuant to section 13 of article XII of the state constitution.
(2) The center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office.
(3) The center has the following duties:
(a) To assist schools in developing and implementing safety and preparedness plans, including but not limited to any such plans that are required by state law or applicable rules of accreditation;
(b) To assist schools in establishing practices and strategies for use in responding to an emergency or crisis situation;
(c) To assist schools in developing and establishing prevention and intervention efforts to ensure safe and secure learning environments;
(d) To conduct regular research and assessment projects to determine the efficacy of statewide and local policies and programming;
(e) To make information and other resources available to all schools and school officials;
(f) (I) To select at least one but not more than five school districts or regions, with the consent of the affected school district boards of education, to serve as pilot sites during the first year of the center's operation. The center shall evaluate and develop enhanced school safety services to be provided by the center to the pilot sites.
(II) In selecting the school districts or regions that shall serve as pilot sites pursuant to subparagraph (I) of this paragraph (f), the center shall designate at least one but not more than three schools within each of the pilot sites to participate in a cooperative effort by all such designated schools within the pilot sites to create a first responder school mapping system to provide first responders immediate electronic or digital access to maps of, and other schematic information about, school buildings at such designated schools in the event of an emergency at the designated schools. In creating the first responder school mapping system, the pilot sites may contract with one or more public or private entities with experience in creating first responder school mapping systems. Before entering into any such contract or otherwise proceeding with plans for the creation of the first responder school mapping system, the pilot sites shall submit the contract or plans to the center to approve or disapprove. The department shall reimburse the pilot sites for the direct and indirect costs of creating the first responder school mapping system pursuant to this subparagraph (II).
(III) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, the development and creation of a first responder school mapping system, pursuant to subparagraph (II) of this paragraph (f), is an important element of improving student safety and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(g) To provide information and resources relating to school safety, school emergency response planning and training, and interoperable communications in schools, as determined by the center, to the division of fire prevention and control in the department of public safety to be distributed to school districts and schools pursuant to section 24-33.5-1213.4. Nothing in this subsection (3)(g) permits providing a firearm, as defined in section 18-1-901, to a school district or a school.
(h) (I) To consult with school districts, schools, and charter schools concerning evidence-based best practices for bullying prevention and education;
(II) To consult with the department of education concerning its administration of the school bullying prevention and education grant program created in section 22-93-102, C.R.S.; and
(III) To submit evidence-based best practices for bullying prevention and education to the department of education for the purposes of section 22-93-106, C.R.S.
(i) Repealed.
(j) To provide information and resources relating to the development and maintenance of school resource officer programs, as determined by the center, to the division of fire prevention and control in the department of public safety for distribution to school districts and schools pursuant to section 24-33.5-1213.4 and to law enforcement agencies and other community partners, as described in section 22-32-109.1, C.R.S.;
(k) To provide suggestions for school resource officer training to the peace officers standards and training board, pursuant to section 24-31-312;
(l) To provide materials and training as described in section 24-33.5-1809 to personnel in school districts and charter schools, parents, and students regarding the awareness and prevention of child sexual abuse and assault, including human trafficking;
(m) By June 1, 2018, to make available a model program that conforms with section 22-1-128, regarding the risks and consequences of sexting for school districts to use, which curriculum must include information informing students of the provisions of section 18-7-109, including that, if a student receives a private intimate image or intimate digital depiction in violation of section 18-7-109, the student can avoid adjudication as a juvenile delinquent by taking reasonable steps to either destroy or delete or report the initial viewing of the image or depiction within seventy-two hours after receiving the image or depiction; and
(n) (I) To act as a resource for school districts, public schools, charter schools, and institute charter schools concerning training for crisis and suicide prevention, as that term is defined in section 25-1.5-112; and
(II) To work collaboratively with the office of suicide prevention in the department of public health and environment concerning the crisis and suicide prevention training grant program created in section 25-1.5-113.
(4) Subject to the provisions of section 13 of article XII of the state constitution, the director shall appoint employees necessary to conduct an efficient center.
Source: L. 2008: Entire part added, p. 729, § 1, effective May 13; (3)(f) amended, p. 733, § 2, effective May 13. L. 2011: (3)(e) amended and (3)(h) added, (HB 11-1254), ch. 173, p. 655, § 7, effective May 13; (3)(g) added, (SB 11-173), ch. 310, p. 1517, § 6, effective June 10. L. 2012: (3)(g) amended, (HB 12-1283), ch. 240, p. 1134, § 46, effective July 1. L. 2013: (3)(i), (3)(j), and (3)(k) added, (SB 13-138), ch. 253, p. 1343, § 6, effective May 23. L. 2015: (3)(j) and (3)(k) amended and (3)(l) added, (SB 15-020), ch. 277, p. 1131, § 1, effective June 5. L. 2017: (3)(k) and (3)(l) amended and (3)(m) added, (HB 17-1302), ch. 390, p. 2016, § 6, effective January 1, 2018. L. 2018: (3)(l) and (3)(m) amended and (3)(n) added, (SB 18-272), ch. 333, p. 2005, § 3, effective August 8. L. 2019: (3)(l) amended, (HB 19-1051), ch. 404, p. 3577, § 3, effective August 2. L. 2021: (3)(n)(I) amended, (HB 21-1119), ch. 49, p. 207, § 3, effective September 7. L. 2023: (1), (2), and (3)(g) amended, (SB 23-241), ch. 120, p. 444, § 2, effective April 27. L. 2025: (3)(m) amended, (SB 25-288), ch. 339, p. 1837, § 8, effective August 6.
Editor's note: (1) Subsection (3)(i)(II) provided for the repeal of subsection (3)(i), effective July 1, 2018. (See L. 2013, p. 1343.)
(2) Section 9(2) of chapter 339 (SB 25-288), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after August 6, 2025.
Cross references: (1) For the legislative declaration in the 2011 act adding subsection (3)(g), see section 1 of chapter 310, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (3)(g), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsections (3)(i), (3)(j), and (3)(k), see section 1 of chapter 253, Session Laws of Colorado 2013. For the legislative declaration in SB 18-272, see section 1 of chapter 333, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1119, see section 1 of chapter 49, Session Laws of Colorado 2021.
(2) For the legislative declaration in HB 17-1302 stating the purpose of, and the provision directing legislative service agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2020, see sections 1 and 7 of chapter 390, Session Laws of Colorado 2017. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.
24-33.5-1804. School safety resource center advisory board - created. (Repealed)
Source: L. 2008: Entire part added, p. 729, § 1, effective May 13. L. 2011: (2)(a)(VIII) amended, (HB 11-1303), ch. 264, p. 1164, § 57, effective August 10. L. 2013: IP(2)(a) amended and (2)(a)(XIV) added, (SB 13-138), ch. 253, p. 1344, § 7, effective May 23. L. 2017: (6)(a) amended, (SB 17-291), ch. 259, p. 1077, § 1, effective May 25. L. 2022: (6) repealed, (HB 22-1275), ch. 90, p. 426, § 2, effective August 10. L. 2023: (1) amended, (SB 23-241), ch. 120, p. 445, § 3, effective April 27. L. 2025: Entire section repealed, (HB 25-1173), ch. 67, p. 287, § 3, effective April 10.
Editor's note: This section was relocated to § 24-33.5-2705 in 2025.
24-33.5-1805. Authorization to contract for services. The office is authorized to contract for services with any state, county, local, municipal, nonprofit entity, or private agency to implement the provisions of this part 18 and fulfill the duties of the center, which duties are described in section 24-33.5-1803 (3).
Source: L. 2008: Entire part added, p. 731, § 1, effective May 13. L. 2023: Entire section amended, (SB 23-241), ch. 120, p. 445, § 4, effective April 27.
24-33.5-1806. Evaluation - report. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2010, and on or before January 1 of each year thereafter, the director shall prepare and submit to the executive director a report evaluating the efficacy and value of the services provided by the center to schools.
(2) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 15, 2010, and on or before January 15 of each year thereafter, the executive director shall prepare and submit to the education and judiciary committees of the house of representatives and the senate, or any successor committees, a report evaluating the efficacy and value of the services provided by the center to schools.
Source: L. 2008: Entire part added, p. 731, § 1, effective May 13. L. 2023: Entire section amended, (SB 23-241), ch. 120, p. 445, § 5, effective April 27.
24-33.5-1807. School safety resource center cash fund. (1) There is hereby created in the state treasury the school safety resource center cash fund, referred to in this section as the fund. The fund shall consist of:
(a) Such moneys as the general assembly may appropriate to the fund;
(b) Gifts, grants, and donations received by the department pursuant to subsection (2) of this section; and
(c) Any moneys that the center receives as fees charged to attendees of a training program or conference, as described in section 24-33.5-1808.
(2) The department is authorized to solicit and accept gifts, grants, and donations from public and private sources for the purposes of this part 18; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. All moneys collected by the department pursuant to this subsection (2) shall be transmitted to the state treasurer, who shall credit the same to the fund.
(3) Except as otherwise provided in subsection (6) of this section, the money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this part 18. Any money in the fund not expended for the purposes of this part 18 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund.
(4) (a) Except as otherwise provided in subsection (6) of this section, the department is authorized to expend money from the fund for the purposes of this part 18.
(b) The department may expend up to two percent of the money annually appropriated from the fund, not including money credited to the school security disbursement program account pursuant to subsection (6) of this section, to offset the costs incurred in implementing this part 18.
(5) Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(5.5) Notwithstanding any other provision of this section, on June 30, 2020, the state treasurer shall transfer one million dollars from the fund to the general fund.
(6) and (7) Repealed.
Source: L. 2010: Entire section added, (HB 10-1336), ch. 342, p. 1581, § 2, effective June 5. L. 2018: (7) added, (HB 18-1413), ch. 237, p. 1482, § 2, effective May 24; (3) and (4) amended and (6) added, (SB 18-269), ch. 408, p. 2398, § 2, effective June 6. L. 2020: (5.5) added, (HB 20-1406), ch. 178, p. 812, § 8, effective June 29.
Editor's note: (1) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2021. (See L. 2018, p. 2398.)
(2) Subsection (7)(b) provided for the repeal of subsection (7), effective June 30, 2021. (See L. 2018, p. 1482.)
24-33.5-1808. Training program and conference fees authorized. (1) The center is authorized to charge a fee to each attendee of a training program or conference that the center implements for the purposes of this part 18. The center shall forward each fee collected pursuant to this section to the state treasurer, who shall credit the entire amount to the school safety resource center cash fund created in section 24-33.5-1807.
(2) The total amount of fees charged by the center to attendees of a training program or conference pursuant to subsection (1) of this section shall not exceed the actual costs incurred by the center in implementing the training program or conference.
Source: L. 2010: Entire section added, (HB 10-1336), ch. 342, p. 1582, § 2, effective June 5.
24-33.5-1809. Prevention of child sexual abuse and assault - resource bank - training. (1) The director shall appoint a person to the center to collect and provide materials and to provide training to school personnel, parents, and students regarding preventing child sexual abuse and assault, including materials and training that are specific to preventing sexual abuse and assault of children with developmental disabilities. At a minimum, the appointed person shall:
(a) Research and select instruction modules for professional development for school personnel that may include, but need not be limited to:
(I) Training in preventing, identifying, and responding to child sexual abuse and assault, including information concerning the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S.; and
(II) Resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault;
(b) Provide training for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S. The appointed person may provide training in person or through online presentations.
(c) Research and select model, age-appropriate educational materials designed for children in grades kindergarten through twelve regarding child sexual abuse and assault awareness and prevention, which may include, but need not be limited to:
(I) The skills to recognize:
(A) Child sexual abuse and assault;
(B) Boundary violations and unwanted forms of touching and contact; and
(C) Behaviors that an offender uses to groom or desensitize a victim; and
(II) Strategies to:
(A) Promote disclosure;
(B) Reduce self-blame; and
(C) Mobilize bystanders;
(d) Publicize to school districts and public and nonpublic schools the availability of the training and resources for school personnel and parents and the age-appropriate education materials for children; and
(e) Make the training and resources for school personnel and parents and the age-appropriate education materials for children available on the center's website.
(2) The appointed person shall seek to work with appropriate community-based organizations in creating and collecting the materials, training, and curricula regarding awareness and prevention of child sexual abuse and assault. The appointed person may create and collect materials, curricula, and other resources regarding other forms of child maltreatment and make the materials, curricula, and resources available to school districts and public and nonpublic schools.
(3) The person appointed by the director pursuant to this section shall solicit and accept on behalf of the center gifts, grants, and donations to implement this section, as provided in section 24-33.5-1807 (2). Moneys collected pursuant to this subsection (3) shall be transmitted to the state treasurer, who shall credit the moneys to the school safety resource center cash fund created in section 24-33.5-1807. Any moneys received pursuant to this subsection (3) are in addition to appropriations of state moneys to implement this section, and implementing this section is not conditional or dependent on the receipt of gifts, grants, or donations.
(4) As used in this section, school personnel includes teachers, administrators, school resource officers, and other employees of school districts and public schools.
Source: L. 2015: Entire section added, (HB 15-020), ch. 277, p. 1131, § 2, effective June 5.
24-33.5-1810. School security disbursement program - created - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Disbursement program means the school security disbursement program created in subsection (2) of this section.
(b) Eligible entity means a local education provider or an eligible nonprofit organization.
(c) Eligible nonprofit organization means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that applies to work with specific local education providers or first responders, and that:
(I) Has experience providing training for school safety incident response;
(II) Has experience working with law enforcement agencies and other first responders;
(III) Has experience working with school districts, school personnel, and students on issues related to school safety incident response; and
(IV) Identifies in its application local education providers or first responders that will participate in school safety incident response training or programs.
(d) Local education provider means a school district, a charter school that is authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, or a board of cooperative services as defined in section 22-5-103.
(2) (a) There is created in the department the school security disbursement program to provide disbursements to eligible entities to use for the purposes described in subsection (3) of this section to improve security within public schools.
(b) Subject to available appropriations, the department shall disburse money to applicants as provided in subsection (5) of this section from money credited to the school security disbursement cash fund, created in section 24-33.5-1811. It is the intent of the general assembly that the department distribute the money credited to the school security disbursement cash fund as quickly as practicable based on the receipt of qualifying applications.
(3) An eligible entity that receives a disbursement from the disbursement program may use the disbursed money only for the following purposes:
(a) Capital construction that improves the security of a public school facility or public school vehicle, including but not limited to any structure or installed hardware, device, or equipment that protects a public school facility or public school vehicle and the students, educators, and other individuals who attend, work in, or visit a public school facility or are transported in a public school vehicle from threats of physical harm including but not limited to any structure or installed hardware, device, or equipment that:
(I) Prevents the entry of unauthorized individuals into a public school facility or a protected space within a public school facility or onto a public school vehicle; or
(II) Can be used to expedite communication when a threat is present;
(b) Training in student threat assessment for all school building staff who have contact with students, which must include best practices for conducting threat assessments, such as instruction on how to prevent bias when conducting a threat assessment;
(c) In collaboration with local law enforcement agencies, providing the training for peace officers on interactions with students at school;
(d) School emergency response training for all school building staff;
(e) Programs to help students become more resilient in meeting the daily challenges they face without resorting to violence against themselves or others, including addressing the fundamental causes of violence and aggression and helping students become responsible members of their schools, neighborhoods, communities, and families;
(f) Developing and providing training programs, curriculums, and seminars related to school safety incident response;
(g) Developing best practices and protocols related to school safety incident response;
(h) Implementing a school resource officer program; and
(i) To implement a co-responder program.
(4) An eligible entity, including any combination of eligible entities that wish to apply together as a single, regional applicant, may apply for a disbursement from the disbursement program by submitting an application to the department that includes the following information:
(a) The purpose or purposes described in subsection (3) of this section for which the applicant is requesting the disbursement;
(b) The amount of disbursed money requested based on an itemized estimate of the expected cost of the purpose or purposes for which the applicant is requesting the disbursement and taking into account any matching money, if applicable, pursuant to subsection (5) of this section;
(c) Evidence of the availability of and commitment of the applicant to use financial resources to match the amount of the disbursement;
(d) The applicant's commitment to provide information to the department as required for the annual report described in subsection (6) of this section;
(e) If the eligible entity is a charter school that is authorized pursuant to part 1 of article 30.5 of title 22, located within a school district facility, and participating in the school district's safety and security services, information demonstrating that the charter school has collaborated with the school district in preparing and submitting the application; and
(f) Any additional information, as specified by rule of the executive director, that is necessary for the department to evaluate the likely effectiveness of the applicant's use of the disbursed money in improving security in public school facilities or vehicles.
(5) The department shall review each application received pursuant to subsection (4) of this section. Subject to available appropriations, the department shall disburse money to the applicant if the department determines that the application meets the requirements specified in subsection (4) of this section and the purpose or purposes for which the applicant intends to use the disbursed money are likely to improve security in public school facilities or vehicles and are not likely to exacerbate identified student disciplinary disparities. The department shall give priority to applicants that commit to providing financial resources to match the amount of the disbursement. The department shall determine the disbursement amount taking into account the amount identified in the application.
(6) (a) On or before August 1, 2023, and on or before August 1 each year thereafter, each eligible entity that received a disbursement in the preceding school year shall submit a report to the department specifying the amount received; the source and amount of matching money provided, if applicable; and the purpose or purposes for which the eligible entity used the disbursed money, including an itemized accounting of how the money was expended.
(b) Beginning with the annual presentation in 2024 provided by the department to the committees of reference pursuant to section 2-7-203, the department shall include in the annual presentation a summary of the reports received pursuant to subsection (6)(a) of this section. Notwithstanding section 24-1-136 (11)(a)(I), beginning in January 2024, and every January thereafter, the department shall submit a summary of the reports received pursuant to subsection (6)(a) of this section to the education committees of the senate and the house of representatives, or any successor committees.
(7) The executive director shall promulgate rules pursuant to the State Administrative Procedure Act, article 4 of this title 24, to establish the time frames for submitting disbursement applications and awarding disbursements and to specify any additional information that must be included in disbursement applications as described in subsection (4)(f) of this section.
(8) This section is repealed, effective July 1, 2032.
Source: L. 2018: Entire section added, (SB 18-269), ch. 408, p. 2395, § 1, effective June 6. L. 2019: (6)(b) amended, (SB 19-252), ch. 254, p. 2452, § 3, effective August 2. L. 2022: Entire section RC&RE, (HB 22-1120), ch. 188, p. 1256, § 1, effective May 19. L. 2023: (3)(f) amended and (3)(h) and (3)(i) added, (SB 23-241), ch. 120, p. 446, § 6, effective April 27.
24-33.5-1811. School security disbursement program cash fund - repeal. (1) The school security disbursement program cash fund, referred to in this section as the fund is created in the state treasury. The fund consists of money transferred to the fund pursuant to section 39-37-301 (2)(a)(III) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the department may expend money from the fund to implement the school security disbursement program created in section 24-33.5-1810. The department may expend up to three percent of the amount appropriated to the fund in each fiscal year for the administrative expenses incurred in implementing the school security disbursement program.
(2) This section is repealed, effective July 1, 2032.
Source: L. 2022: Entire section added, (HB 22-1243), ch. 189, p. 1262, § 2, effective May 19. L. 2024: Entire section amended, (HB 24-1349), ch. 423, p. 2900, § 3, effective June 5.
Cross references: For the legislative declaration in HB 22-1243, see section 1 of chapter 189, Session Laws of Colorado 2022.
PART 19
COLORADO CYBERSECURITY
24-33.5-1901. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Cyber threats have continued to grow in significance, scale, scope, and sophistication in the past several years;
(b) A dramatic increase in the number of cyber attacks against public, private, and nonprofit entities and individual citizens, coupled with inadequate resources to respond to such attacks, have made cybersecurity a top priority;
(c) Colorado is well-suited to serve as a location for comprehensive cross-sector and interstate strategy to support the response against these attacks and the education and training needed to prepare government and private sector leaders to respond to these attacks;
(d) It is in the state's interest to support a partnership of academics and systems excellence at the university of Colorado at Colorado Springs and other institutions of higher education that can leverage the military, federal, state, and local government, and private sector assets in Colorado to support the cybersecurity of our state and local governments and to support the cybersecurity of federal partners and other states and local governments across the country; and
(e) It is also in the state's interest to support such a partnership as a tool to ensure that Colorado's private sector is better prepared to respond to threats and in turn make Colorado a stronger hub for the cyber industry and the commercialization of cyber technology.
(2) The general assembly further finds and declares that the intent of this part 19 is to identify specific actions to define and improve cybersecurity, including the creation of a Colorado cybersecurity council, coordinating cyber operations centers, establishing or expanding cyber higher education programs to promote education, training, and workforce development for cybersecurity, establishing a secure environment for research and development, and establishing a revenue source to support such efforts.
Source: L. 2016: Entire part added, (HB 16-1453), ch. 189, p. 666, § 1, effective July 1.
24-33.5-1902. Colorado cybersecurity council - creation - council members. (1) There is created in the department of public safety and within existing resources the Colorado cybersecurity council. The council operates as a steering group to develop cybersecurity policy guidance for the governor; develop comprehensive sets of prioritized goals, requirements, initiatives, and milestones; and coordinate with the general assembly and the judicial branch regarding cybersecurity as deemed necessary and appropriate by the council. In addition, the council may:
(a) Develop a whole-of-state cybersecurity approach for the state and for local goverments, including the coordination and setting of strategic statewide cybersecurity goals, roadmaps, and best practices;
(b) Review the need to conduct risk assessments of local government systems, providing additional cybersecurity services to local governments, and proposing necessary statutory or policy changes, including the determination of ownership for these capabilities;
(c) Make recommendations to the governor and general assembly on the authority and activities of the state chief information security officer with local governments by July 1, 2022.
(2) The Colorado cybersecurity council is comprised of the following members:
(a) The governor, acting as the chairperson of the council, or the governor's designee;
(b) The chief information officer of the governor's office of information technology, or the chief information officer's designee;
(c) The chief information security officer of the governor's office of information technology, or the chief information security officer's designee;
(d) The executive director of the department of public safety, or the executive director's designee;
(e) A representative of the Colorado National Guard to be appointed by the adjutant general of the department of military and veterans affairs;
(f) The adjutant general of the department of military and veterans affairs;
(g) to (k) Repealed.
(l) The state attorney general, or the attorney general's designee;
(m) The director of the public utilities commission or the director's designee;
(n) and (o) Repealed.
(p) The chair of the cybersecurity subcommittee of the homeland security and all-hazards senior advisory committee;
(q) The director of the division of homeland security and emergency management in the department of public safety, or the director's designee;
(r) Repealed.
(s) A representative of an organization that represents Colorado municipal governments;
(t) The secretary of state or the secretary's designee;
(u) Two representatives from county governments, one of whom represents a rural county; and
(v) Any other person deemed necessary and appropriate by the governor.
(3) The council does not have any direct authority over the university of Colorado at Colorado Springs.
(4) Nothing in this section shall be construed to interfere with the duties of the chief information security officer pursuant to part 4 of article 37.5 of this title.
Source: L. 2016: Entire part added, (HB 16-1453), ch. 189, p. 667, § 1, effective July 1. L. 2021: (1) and (2)(q) amended, (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(n), (2)(o), and (2)(r) repealed, and (2)(s), (2)(t), (2)(u), and (2)(v) added, (HB 21-1236), ch. 211, p. 1095, § 3, effective September 7.
24-33.5-1903. Cyber operation center - coordination of missions. (1) The department of public safety, using the office of prevention and security within the division of homeland security and emergency management, and using any other facilities deemed necessary and appropriate by the department of public safety, may coordinate with the division of homeland security and emergency management, the Colorado bureau of investigation, the federal bureau of investigation, the Colorado National Guard and other relevant military organizations, and other relevant information-sharing organizations to define the operational requirements for in-state and interstate operational and training networks.
(2) In furtherance of the provisions of subsection (1) of this section, the coordinating entities may:
(a) Consider establishing appropriate memoranda of understanding or interstate compacts with entities that encourage the interstate sharing of information for cybersecurity;
(b) Support the requirements for the fusion of cyber defense, cyber surveillance, and international and domestic intelligence and law enforcement operations;
(c) Consider secure, distributed, and interactive network infrastructures for interstate cyber training and operations;
(d) Support secure Colorado requirements to identify threats and vulnerabilities and protect state cyber infrastructures;
(e) Conduct training, inspections, and operational exercises;
(f) Establish protocols for coordinating and sharing information with state and federal law enforcement and intelligence agencies responsible for investigating and collecting information related to cyber-based criminal and national security threats;
(g) Support state and federal law enforcement agencies with their responsibilities to investigate and prosecute threats to and attacks against critical infrastructure; and
(h) Ensure the coordination of cybersecurity threat information sharing among the Colorado bureau of investigation, the office of prevention and security, the office of information technology, and participating members of the federal bureau of investigation's cybersecurity task force or successor organization.
Source: L. 2016: Entire part added, (HB 16-1453), ch. 189, p. 668, § 1, effective July 1. L. 2021: (2)(f) and (2)(g) amended and (2)(h) added, (HB 21-1236), ch. 211, p. 1096, § 4, effective September 7.
24-33.5-1904. Education - training - workforce development. (1) The university of Colorado at Colorado Springs may partner with other institutions of higher education and a nonprofit organization that supports national, state, and regional cybersecurity initiatives to establish and expand cyber higher education programs and establish needed cyber education and training laboratories. The subject areas of such higher education programs may include, but need not be limited to, courses certified by the national security agency and the United States department of homeland security; a systems engineering approach to the study of cyber network architectures, threats, and defenses; business management; foreign language skills; legal issues; cryptology; technology development; and science, technology, engineering, and mathematics courses.
(2) In furtherance of subsection (1) of this section, the university of Colorado at Colorado Springs, in conjunction with other institutions of higher education and a nonprofit organization, may:
(a) Coordinate with the United States department of homeland security and the national security agency to certify cyber courses and curricula;
(b) Coordinate planning for cyber education with appropriate institutions of higher education in Colorado, the United States Army reserve cyber consortium, and appropriate national institutions of higher education that have programs certified by the department of homeland security or the national security agency;
(c) Coordinate with community colleges in the development and transferability of appropriate curriculum and technical certification programs, and provide coordination for the development of elementary and secondary education feeder programs;
(d) Establish a public policy think tank as an academic research center of excellence for government, academic, and industrial communications, conferences, research, and publications;
(e) Establish education, including online courses if appropriate, training, and academic symposia for government leaders at all levels;
(f) Establish protocols for coordinating and sharing information with state and federal law enforcement and intelligence agencies responsible for investigating and collecting information related to cyber-based criminal and national security threats;
(g) Support state and federal law enforcement agencies with their responsibilities to investigate and prosecute threats to and attacks against critical infrastructure; and
(h) Include distributed ledger technologies within its curricula and research and development activities.
(3) The university of Colorado at Colorado Springs shall participate in activities in furtherance of this section only upon the approval of the board of regents of the university of Colorado, if required by the laws and policies of the board of regents.
Source: L. 2016: Entire part added, (HB 16-1453), ch. 189, p. 669, § 1, effective July 1. L. 2018: IP(2), (2)(f), and (2)(g) amended and (2)(h) added, (SB 18-086), ch. 319, p. 1916, § 3, effective May 30.
24-33.5-1905. Research and development. (1) The university of Colorado at Colorado Springs may partner with a nonprofit organization that supports national, state, and regional cybersecurity initiatives to work to establish a secure environment for research and development, initial operational testing and evaluation, and expedited contracting for production for industrial cyber products and techniques.
(2) In furtherance of subsection (1) of this section, the university of Colorado at Colorado Springs and any nonprofit organization with which the university has a partnership may consider the following:
(a) Creating a business plan to develop a secure facility on the property of the University of Colorado at Colorado Springs that provides physical, electronic, proprietary, and administrative security;
(b) Exploring secure facility development and use at other Colorado universities and facilities that may augment the capacity at the university of Colorado at Colorado Springs and enable collaborative activities;
(c) Establishing relationships with appropriate federally funded research and development corporations under the sponsorship of the United States department of defense and the United States department of homeland security as an administrative partner to:
(I) Establish and certify a top secret and special access-certified facility;
(II) Establish cooperative relations with state and federal law enforcement and intelligence agencies responsible for investigating and collecting information related to cyber-based criminal and national security threats;
(III) Act as a conduit for federal and interstate research and development requirements;
(IV) Establish and monitor nondisclosure agreements to protect proprietary intellectual property; and
(V) Process and hold security clearances for authorized Colorado government personnel;
(d) Consider establishing relationships with the existing MITRE national cybersecurity federally funded research and development center; the aerospace corporation federally funded research and development center; or creating a new parallel organization focused on cybersecurity for national defense and homeland security requirements;
(e) Establishing cooperative relationships with Colorado cyber companies and other businesses, local governments, institutions of higher education, and other Colorado organizations with requirements for cybersecurity participation;
(f) Establishing cooperative relations with civilian industrial producers through entities that encourage the interstate sharing of information for cybersecurity;
(g) Linking to local and national military, homeland security, and intelligence community activities to support research and development, rapid test and evaluation, contracting, and production requirements;
(h) Establishing protocols for coordinating and sharing information with state and federal law enforcement and intelligence agencies responsible for investigating and collecting information related to cyber-based criminal and national security threats;
(i) Supporting state and federal law enforcement agencies with their responsibilities to investigate and prosecute threats to and attacks against critical infrastructure;
(j) Encouraging coordination with the United States department of commerce and the national institute of standards and technologies to develop the capability to act as a Colorado in-state center of excellence on cybersecurity advice and national institute of standards and technologies standards;
(k) Studying efforts to protect privacy of personal identifying information maintained within distributed ledger programs, ensuring that programs make all attempts to follow best practices for privacy, and providing advice to all program stakeholders on the requirement to maintain privacy in accordance with required regulatory bodies and governing standards; and
(l) Encouraging the use of distributed ledger technologies, or blockchains, within their proposed curricula for public sector education.
(3) The university of Colorado at Colorado Springs shall participate in activities in furtherance of this section only upon the approval of the board of regents of the university of Colorado, if required by the laws and policies of the board of regents.
(4) (a) The department of higher education shall allocate to the governing boards of the institutions of higher education participating in activities related to cybersecurity and distributed ledger technologies, such as blockchains, money appropriated to the department of higher education by the general assembly for fiscal year 2018-19 and for each fiscal year thereafter.
(b) The governing board of each institution of higher education participating in activities related to cybersecurity and distributed ledger technologies shall ensure that at least the following percentages of the money allocated to the institution pursuant to subsection (4)(a) of this section is used to provide scholarships to students at the institution who are doing work in connection with cybersecurity and distributed ledger technologies:
(I) For an institution of higher education receiving one million dollars or more pursuant to subsection (4)(a) of this section, for the first three years that the institution receives said money, the institution must ensure that at least fifteen percent of the money received is used to provide said scholarships. For the fourth and subsequent years of funding, the institution shall ensure that at least twenty percent of the money received is used to provide said scholarships; except that, for the five percent increase from years three to four, the institution may use private donations to account for the increase.
(II) For an institution receiving less than one million dollars pursuant to subsection (4)(a) of this section, the institution must ensure that at least ten percent of the money received is used to provide said scholarships.
(c) On or before October 1, 2019, and on or before October 1 each year thereafter, the department of higher education, in consultation with the governing board of each institution of higher education that receives funding pursuant to subsection (4)(a) of this section, shall prepare a report using data submitted by the institutions to the department that demonstrates all progress made toward the goals specified in section 24-33.5-1904 (2)(h), and section 24-33.5-1905 (2)(j), (2)(k), and (2)(l). The report shall be based on baseline estimates provided to the department of higher education in April 2018 by each applicable institution of higher education. The report shall include, at a minimum:
(I) The number of faculty or adjunct faculty hired at each institution of higher education as a result of the funding;
(II) The number of student internships created with the funding at each institution of higher education;
(III) The number of degrees or certificates that have been awarded at each institution of higher education in connection with the funding;
(IV) The number of scholarships awarded at each institution of higher education in connection with the funding;
(V) The number of presentations and seminars given on cybersecurity by each institution of higher education; and
(VI) The amount of all other money that has been raised to match the state investment, which may include tuition, fees, federal funds, and industry donations.
(d) (I) The department of higher education shall submit the report prepared pursuant to subsection (4)(c) of this section to the joint budget committee, to the business affairs and labor committee of the house of representatives, the business, labor, and technology committee of the senate, and the education committees of the house of representatives and the senate, or any successor committees. The department of higher education as well as each institution of higher education that receives money pursuant to subsection (4)(a) of this section shall present the findings from the annual report at the annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearings of the joint business committee.
(II) At the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing of the joint business and joint education committees in 2021 and at such hearing every three years thereafter, the joint business committee shall make a recommendation to the joint budget committee regarding whether the funding received by the institutions of higher education pursuant to subsection (4)(a) of this section shall continue in subsequent fiscal years.
Source: L. 2016: Entire part added, (HB 16-1453), ch. 189, p. 670, § 1, effective July 1. L. 2018: IP(2), (2)(h), and (2)(i) amended and (2)(j), (2)(k), (2)(l), and (4) added, (SB 18-086), ch. 319, p. 1916, § 4, effective May 30.
24-33.5-1906. Cybersecurity cash fund - cybersecurity gifts, grants, and donations account - creation. (1) (a) The cybersecurity cash fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of the money transferred to the fund pursuant to paragraph (b) of this subsection (1) and any other money that the general assembly may appropriate or transfer to the fund.
(b) On July 1, 2016, the state treasurer shall transfer seven million nine hundred thirty-two thousand twenty dollars from the general fund to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) The state treasurer shall credit any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year to the fund.
(4) Except for moneys in the cybersecurity gifts, grants, and donations account created in subsection (5) of this section, subject to annual appropriation by the general assembly, the regents of the university of Colorado may expend money from the fund for the purposes of this part 19.
(5) (a) The cybersecurity gifts, grants, and donations account, referred to in this subsection (5) as the account, is hereby created in the cybersecurity cash fund. The account consists of any gifts, grants, or donations credited to the account pursuant to paragraph (b) of this subsection (5). Moneys in the account are continuously appropriated to the department of higher education for use by the regents of the university of Colorado for the purposes of this part 19.
(b) The regents of the university of Colorado may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 19. The regents of the university of Colorado shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the account.
Source: L. 2016: Entire part added, (HB 16-1453), ch. 189, p. 672, § 1, effective July 1.
PART 20
FIREWORKS
Editor's note: This part 20 was added with relocations in 2017. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
24-33.5-2001. Definitions. As used in this part 20, unless the context otherwise requires:
(1) Articles pyrotechnic means pyrotechnic special effects materials and pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but are intended for theatrical performances and not intended for consumer use. Articles pyrotechnic shall also include pyrotechnic devices meeting the weight limits for consumer fireworks but are not labeled as such and are classified as UN0431 or UN0432 pursuant to 49 CFR 172.101, as amended.
(2) Display fireworks means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than one hundred thirty milligrams of explosive material, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks as defined in 16 CFR 1500.1 to 1500.272 and 16 CFR 1507.1 to 1507.12 and are classified as fireworks UN0333, UN0334, or UN0335 pursuant to 49 CFR 172.101, as amended, and including fused set pieces containing components that exceed fifty milligrams of salute powder.
(3) Display retailer means a person, including a manufacturer, who is licensed as a display retailer under the provisions of section 24-33.5-2004 and who sells, delivers, consigns, gives, or otherwise furnishes display fireworks or articles pyrotechnic to a person authorized by section 24-33.5-2003 to discharge fireworks in Colorado.
(4) Exporter means any person, including a manufacturer, licensed as an exporter under the provisions of section 24-33.5-2004 and who sells, delivers, consigns, gives, or otherwise furnishes fireworks for export outside of the state of Colorado.
(5) (a) Fireworks means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic, permissible fireworks, or display fireworks.
(b) Fireworks does not include:
(I) Toy caps, party poppers, and items similar to toy caps and party poppers that do not contain more than sixteen milligrams of pyrotechnic composition per item and snappers that do not contain more than one milligram of explosive composition per item;
(II) Highway flares, railroad fusees, ship distress signals, smoke candles, and other emergency signal devices;
(III) Educational rockets and toy propellant device type engines used in such rockets when such rockets are of nonmetallic construction and utilize replaceable engines or model cartridges containing less than two ounces of propellant and when such engines or model cartridges are designed to be ignited by electrical means;
(IV) Fireworks that are used in testing or research by a licensed explosives laboratory.
(6) Fireworks display operator includes an individual who, by experience and training, has demonstrated the required skill and ability to safely set up and discharge display fireworks.
(7) Fund means the fireworks licensing cash fund created in section 24-33.5-2004 (6)(b).
(8) Governing body means:
(a) The city council, town council, board of trustees, or other governing body of any city or town, as to the area within the corporate limits of the city or town;
(b) The board of directors of any fire protection district organized pursuant to part 1 of article 1 of title 32, as to the area within the boundaries of the fire protection district; and
(c) The board of county commissioners as to the area within a county outside the corporate limits of any city or town or the boundaries of any fire protection district.
(9) Local authority means the duly authorized fire department, police department, or sheriff's department of a local jurisdiction.
(10) Manufacturer means any person who manufactures, makes, constructs, or produces fireworks.
(11) (a) Permissible fireworks means the following small fireworks devices designed to produce audible or visual effects by combustion, complying with the requirements of the United States consumer product safety commission as set forth in 16 CFR 1500.1 to 1500.272 and 1507.1 to 1507.12, and classified as consumer fireworks UN0336 and UN0337 pursuant to 49 CFR 172.101:
(I) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams each for a single tube or, when more than one tube is mounted on a common base, a total pyrotechnic composition of no more than two hundred grams;
(II) Cone fountains, total pyrotechnic composition not to exceed fifty grams each for a single cone or, when more than one cone is mounted on a common base, a total pyrotechnic composition of no more than two hundred grams;
(III) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two hundred grams for each complete wheel;
(IV) Ground spinner, a small device containing not more than twenty grams of pyrotechnic composition venting out of an orifice usually in the side of the tube, similar in operation to a wheel, but intended to be placed flat on the ground;
(V) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed two hundred grams each;
(VI) Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed one hundred grams, of which the composition of any chlorate or perchlorate shall not exceed five grams;
(VII) Any of the following that do not contain more than fifty milligrams of explosive composition:
(A) Explosive auto alarms;
(B) Toy propellant devices;
(C) Cigarette loads;
(D) Strike-on-box matches; or
(E) Other trick noise makers;
(VIII) Snake or glow worm pressed pellets of not more than two grams of pyrotechnic composition and packaged in retail packages of not more than twenty-five units;
(IX) Fireworks that are used exclusively for testing or research by a licensed explosives laboratory;
(X) Multiple tube devices with:
(A) Each tube individually attached to a wood or plastic base;
(B) The tubes separated from each other on the base by a distance of at least one-half of one inch;
(C) The effect limited to a shower of sparks to a height of no more than fifteen feet above the ground;
(D) Only one external fuse that causes all of the tubes to function in sequence; and
(E) A total pyrotechnic composition of no more than five hundred grams.
(b) Permissible fireworks do not include aerial devices or audible ground devices, including, but not limited to, firecrackers.
(12) Person includes an individual, partnership, firm, company, association, corporation, or governmental entity.
(13) Pyrotechnic operator includes an individual who, by experience and training, has demonstrated the required skill and ability to safely set up and discharge articles of pyrotechnics.
(14) Retailer means any person who sells, delivers, consigns, or furnishes permissible fireworks to another person not for resale.
(15) Storage means the possession of fireworks for safe custody, where the safekeeping is the principal object of deposit, and not the consumption or sale.
(16) Wholesaler means any person, including a manufacturer, who is licensed as a wholesaler under section 24-33.5-2004 and who sells, delivers, consigns, gives, or otherwise furnishes permissible fireworks to a retailer for resale in Colorado.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1018, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-101 as it existed prior to 2017.
24-33.5-2002. Unlawful use or sale of fireworks - exceptions. (1) Except as provided for in subsection (6) of this section, it shall be unlawful for any person to knowingly furnish to any person who is under sixteen years of age, by gift, sale, or any other means, any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).
(2) Except as provided for in subsection (6) of this section, it shall be unlawful for any person who is under sixteen years of age to purchase any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).
(3) Nothing in this section shall be construed to prohibit any statutory or home-rule municipality from enacting any ordinance that prohibits a person under sixteen years of age from purchasing any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).
(4) Any person who sells or offers to sell any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11), shall display a warning sign, as specified in this subsection (4). The warning sign shall be displayed in a prominent place on the premises at all times, shall have a minimum height of eight and one-half inches and a minimum width of eleven inches, and shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER SIXTEEN YEARS OF AGE TO PURCHASE ANY FIREWORKS. VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO $750.00, BY IMPRISONMENT FOR UP TO SIX MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
(5) Except as provided in this section and in section 24-33.5-2003, it shall be unlawful for any person to possess or discharge any fireworks, other than permissible fireworks, anywhere in this state.
(6) At all times that it is lawful for any person over the age of sixteen years to possess and discharge permissible fireworks, it shall also be lawful for a person under the age of sixteen years to possess and discharge permissible fireworks, if the person is under adult supervision.
(7) Except as provided in this section, it shall be unlawful for any person who is not licensed as a retailer under this part 20, in retail transactions with the public, to offer for sale, expose for sale, sell, or have in the person's possession with the intent to offer for sale any permissible fireworks.
(7.5) It is unlawful for a person licensed as a retailer pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, or otherwise furnish a firework, except a permissible firework, to another person.
(8) Except as provided in this section, it shall be unlawful for any person who is not licensed as a display retailer, wholesaler, or exporter under this part 20, in transactions other than retail transactions with the public, to offer for sale, expose for sale, sell, or have in such person's possession with the intent to offer for sale any fireworks including permissible fireworks.
(8.3) It is unlawful for a person licensed as a display retailer pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish a firework, except display fireworks or articles pyrotechnic to a person authorized by section 24-33.5-2003.
(8.5) It is unlawful for a person licensed as a wholesaler pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish a firework, except permissible fireworks to a retailer for resale in Colorado.
(8.7) It is unlawful for a person licensed as an exporter pursuant to this part 20 to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish a firework to a person, except as provided by section 24-33.5-2006.
(9) Nothing in this part 20 shall prevent or regulate:
(a) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;
(b) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations;
(c) The sale, purchase, possession, or use of fireworks distributed by the division of parks and wildlife for agricultural purposes under conditions approved by the division; or
(d) The sale, delivery, consignment, gift, or furnishing of fireworks among display retailers, wholesalers, or exporters licensed under this part 20.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1021, § 1, effective August 9. L. 2021: (7.5), (8.3), (8.5), and (8.7) added, (HB 21-1235), ch. 392, p. 2607, § 1, effective June 30.
Editor's note: This section is similar to former § 12-28-102 as it existed prior to 2017.
24-33.5-2003. Permits - exceptions to permit requirements. (1) Any governing body has the power to grant nontransferable and nonassignable permits within the area under its jurisdiction for the storage of fireworks or for the facilities used for the retail sales of fireworks, including permissible fireworks, by any person and to adopt reasonable rules for the granting of such permits. The fee for a permit issued pursuant to this subsection (1) shall be limited to what is reasonable and necessary to cover the direct and indirect costs associated with the granting and enforcement of such permits.
(2) Any governing body has the power to grant nontransferable and nonassignable permits within the area under its jurisdiction for displays of fireworks or pyrotechnic special effects performances by any person, fair association, amusement park, or other organizations or groups and to adopt reasonable rules for the granting of such permits.
(3) No permit shall be required for the display of fireworks at the state fair grounds by the board of commissioners of the Colorado state fair authority, at any duly authorized county or district fair, or at any display by any governing body or local authority.
(4) The discharge of fireworks pursuant to a permit provided for in subsection (2) of this section, or as otherwise provided in subsection (3) of this section, shall be lawful in Colorado, if the display or pyrotechnic special effects performance is performed in accordance with the requirements of the national fire protection association as stated in NFPA-1123, code for the outdoor display of fireworks or NFPA-1126, standard for the use of pyrotechnics before a proximate audience.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1023, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-103 as it existed prior to 2017.
24-33.5-2004. Licensing - application - fee - fireworks licensing cash fund - creation - rules. (1) No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for retail until that person first obtains a retailer of fireworks license from the director of the division of fire prevention and control within the department of public safety and the permit, if any, required by section 24-33.5-2003 (1). A retailer's license is valid only for the calendar year in which it is issued, applies to only one retail location, and shall at all times be displayed at the place of business of the licensed retailer.
(2) No person shall sell, deliver, consign, give, or furnish fireworks to a person authorized by section 24-33.5-2003 to discharge fireworks in Colorado until that person first obtains a display retailer of fireworks license from the director of the division of fire prevention and control and the permit, if any, required by section 24-33.5-2003 (1).
(3) No person shall sell, deliver, consign, give, or furnish permissible fireworks to a retailer for resale in Colorado until that person first obtains a wholesaler of fireworks license from the director of the division of fire prevention and control and the permit, if any, required by section 24-33.5-2003 (1).
(4) No person shall sell, deliver, consign, give, or furnish fireworks for export outside of Colorado until that person first obtains an exporter of fireworks license from the director of the division of fire prevention and control and the permit, if any, required by section 24-33.5-2003 (1).
(5) Applications for each display, retail, wholesale, and export license shall be filed with the director of the division of fire prevention and control at least thirty days before the start of activities for which the license is required. Each license is valid through September 1 of the year following the date on which the license was issued.
(6) (a) The director of the division of fire prevention and control shall collect all fees pursuant to this part 20.
(b) All moneys received by the director pursuant to the administration of this part 20 and all interest earned on the moneys shall be deposited in the state treasury in the fireworks licensing cash fund, which fund is hereby created, and the moneys shall be used, subject to annual appropriations by the general assembly, for the purposes set forth in this part 20, and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.
(c) (I) The executive director of the department of public safety shall set reasonable fees pursuant to this part 20 at such rates as are necessary to provide for the actual direct and indirect costs and expenses of the department of public safety in the administration of this part 20; except that the fee for a:
(A) Retailer of fireworks license shall not exceed fifty dollars;
(B) Display retailer of fireworks license, a wholesaler of fireworks license, or an exporter of fireworks license shall not exceed one thousand five hundred dollars; and
(II) The rates shall be reviewed annually by the executive director of the department of public safety.
(7) The executive director of the department of public safety shall promulgate rules to implement the provisions of this part 20. The rules may include requirements for the certification of fireworks display operators and pyrotechnic operators, and any other requirements that are reasonably necessary for the safety of workers and the public and the protection of property. The procedure for the promulgation of the rules shall be in accordance with the provisions of section 24-4-103.
(8) Any person aggrieved by a decision or order of the director of the department of public safety may seek judicial review pursuant to the provisions of section 24-4-106.
(9) This section shall take effect July 15, 1991.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1023, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-104 as it existed prior to 2017.
24-33.5-2005. Importation of fireworks - duties of licensees - retention of invoices for inspection. (1) It shall be unlawful for any person not licensed as a display retailer, wholesaler, or exporter under the provisions of section 24-33.5-2004 to bring any fireworks including permissible fireworks into this state. Retail purchasers shall not purchase fireworks by mail order or receive any fireworks in Colorado by mail, parcel service, or other carrier. All fireworks sales and deliveries to retail purchasers in Colorado shall be made in Colorado and shall be conducted only by persons licensed pursuant to this part 20.
(2) It shall be unlawful for any retailer to sell, offer for sale, expose for sale, or possess with intent to sell any permissible fireworks in this state that have not been purchased from a wholesaler licensed under the provisions of section 24-33.5-2004.
(3) It shall be unlawful for a person to conduct any fireworks display or pyrotechnic special effects performance using fireworks that have not been purchased from a display retailer licensed under the provisions of section 24-33.5-2004.
(4) Any retailer licensed under the provisions of section 24-33.5-2004 (1), and any person who discharges fireworks pursuant to section 24-33.5-2003 (2) or (3), shall keep available, for inspection by local authorities, a copy of each invoice for fireworks purchased as long as any fireworks included on such invoice are held in such person's possession. The invoice shall show the license number of the wholesaler or display retailer from whom the fireworks were purchased.
(5) This section shall take effect July 15, 1991.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1025, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-105 as it existed prior to 2017.
24-33.5-2006. Exportation of fireworks. (1) It shall be unlawful to export fireworks, other than permissible fireworks, from the state of Colorado, unless the fireworks are transported in accordance with the regulations of the United States department of transportation regulating the transportation of explosives, fireworks, and other dangerous articles by motor, rail, air, and water and the exporter obtains a signed bill of lading from each person transporting the fireworks, which shall show the quantity and types of fireworks transported and the recipient's full legal name and address.
(2) The exporter may transport such fireworks by common carrier or by the exporter's vehicle; except that the sale of the fireworks for transport in the purchaser's vehicle is unlawful unless the exporter requires the purchaser to display a valid motor vehicle driver's license and records the number and jurisdiction of issue of the driver's license on the bill of lading pertaining to the sale, and further requires the purchaser to furnish a valid exporter of fireworks license issued pursuant to this part 20, or a valid wholesale, retail, or resale license number issued by the governing body of a state or local authority located outside of the state of Colorado, which number and state or local authority of issue must be recorded on the bill of lading pertaining to the sale.
(3) The bills of lading required by this section shall be retained by the exporter for a period of three years from the date of sale.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1025, § 1, effective August 9. L. 2021: (2) amended, (HB 21-1235), ch. 392, p. 2608, § 2, effective June 30.
Editor's note: This section is similar to former § 12-28-106 as it existed prior to 2017.
24-33.5-2007. Regulation by municipalities and counties. (1) This part 20 shall not be construed to prohibit the imposition by municipal ordinance of further regulations and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within the corporate limits of any city or town, but no city or town shall permit or authorize the sale, use, or possession of any fireworks in violation of this part 20.
(2) This part 20 shall not be construed to prohibit the imposition by county ordinance of further regulations and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within all or any part of the unincorporated areas of a county, but no county shall permit or authorize the sale, use, or possession of any fireworks in violation of this part 20.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1026, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-107 as it existed prior to 2017.
24-33.5-2008. Storage of fireworks. All storage of fireworks shall be in accordance with the building and fire codes adopted by the governing body. If the governing body has not adopted a fire code, all storage of fireworks shall be in accordance with the fire code adopted by the director of the division of fire prevention and control within the department of public safety pursuant to section 24-33.5-1203.5.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1026, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-108 as it existed prior to 2017.
24-33.5-2009. Seizure of fireworks. The local authorities shall seize, take, and remove, at the expense of the owner, all stocks of fireworks, including permissible fireworks, offered or exposed for sale, stored, or held in violation of this part 20.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1026, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-109 as it existed prior to 2017.
24-33.5-2010. Violations - penalty. Any person who violates this part 20 commits a petty offense and shall be punished as provided in section 18-1.3-503.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1026, § 1, effective August 9. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3228, § 423, effective March 1, 2022.
Editor's note: This section is similar to former § 12-28-110 as it existed prior to 2017.
24-33.5-2011. Denial, suspension, or revocation of or refusal to renew license. (1) The executive director of the department of public safety may deny, suspend, revoke, or refuse to renew any license issued or applied for under the provisions of this part 20 for any of the following reasons:
(a) Violations of any of the provisions of this part 20;
(b) A conviction of any felony, but subject to the provisions of section 24-5-101;
(c) A conviction pursuant to section 24-33.5-2010;
(d) Any material misstatement, misrepresentation, or fraud in obtaining a license.
(2) The revocation or suspension proceedings shall be brought by the Colorado executive director of the department of public safety pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1026, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-111 as it existed prior to 2017.
PART 21
SCHOOL ACCESS FOR EMERGENCY RESPONSE
(SAFER) GRANT PROGRAM
24-33.5-2101. Short title. The short title of this part 21 is the School Access For Emergency Response (SAFER) Grant Program Act.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1360, § 1, effective May 16.
24-33.5-2102. Legislative declaration. (1) The general assembly finds that:
(a) In 2008, the general assembly passed Senate Bill 08-181 calling for the improvement of coordination among agencies when responding to school incidents;
(b) In 2011, the general assembly passed additional legislation, Senate Bill 11-173, concerning the interoperability of communications in schools;
(c) While progress has been made in coordination, interoperability continues to be an issue due to lack of funding for needed hardware, software, and training to allow for seamless communications between existing school district communication systems and first responder communication systems;
(d) The use of interoperable technology would enable schools and school district stakeholders to communicate across the district and with public safety over existing independent networks during an emergency;
(e) It is necessary to create a program to leverage the public safety radios system serving the region, including but not limited to the state's digital trunked network, which is a standards-based first responder communications system in place statewide, along with other communications networks, and to expand the infrastructure by allowing direct communication from school radios and other communications devices to first responder radios and other communications devices to improve interoperability;
(f) An adaptable system can connect any school's existing radio equipment to the radio of a first responder. In addition, the connection can be switched on and off immediately by public safety personnel and system administrators.
(g) Public safety officials and system administrators must have the ability to enable and disable the interoperable technology;
(h) Going beyond the critical 911 call, it is important to use any available and proven technology that enables emergency services personnel and school officials to communicate in real-time during an incident; and
(i) This interoperable technology is not to be used by schools for day-to-day operations on the public safety communications network.
(2) The general assembly further finds that the purpose of this part 21 is to create the school access for emergency response grant program to provide schools and public safety communications networks with money for needed hardware, software, and training so that when an emergency happens, dispatchers can activate the technology over both the radio system and other communications networks, trained school-safety teams can connect on the radio and other communications devices across the district, and first responders can arrive on the scene informed with the most up-to-date information.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1360, § 1, effective May 16.
24-33.5-2103. Definitions. As used in this part 21, unless the context otherwise requires:
(1) Crisis management plan means a plan including tactical strategies and actions for responding to an emergency.
(2) Department means the department of public safety.
(3) Director means the director of the office of school safety created in section 24-33.5-2702.
(4) Fund means the school access for emergency response grant program cash fund created in section 24-33.5-2107.
(5) Grant program means the school access for emergency response grant program created in this part 21.
(6) Interoperability means the ability of one or more radio systems to communicate with another radio system and other communications devices.
(7) Interoperable technology means software and hardware that enables two different radio systems and other communications devices to communicate.
(8) Memorandum of understanding means an agreement between two or more parties that is not legally binding to formalize a working relationship.
(9) Other communications network means any public or private wire or wireless communications network that allows for real-time voice or data communications between a public safety 911 answering point, schools, and first responders.
(10) Public safety answering point has the same meaning as defined in section 29-11-101 (23).
(11) Radio system means a private network for voice communications.
(12) Safety team means personnel who have a role in crisis management plans.
(13) School means a school district, public school within a school district, charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or board of cooperative services created and operating pursuant to article 5 of title 22 that operates one or more public schools.
(14) Standards based means radio specifications defined by a national association of the telecommunications industry that every manufacturer can follow to implement equipment interoperability.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1361, § 1, effective May 16. L. 2020: (10) amended, (HB 20-1293), ch. 267, p. 1297, § 12, effective July 10. L. 2023: (3) amended, (SB 23-241), ch. 120, p. 446, § 7, effective April 27.
24-33.5-2104. School access for emergency response grant program - created - rules. (1) There is hereby created in the department in the office of school safety created in section 24-33.5-2702 the school access for emergency response grant program to provide grants to schools and public safety communications system owners to provide funding for needed interoperable communication hardware, software, equipment maintenance, and training to allow for seamless communications between new or existing school communications systems and first responder communications systems.
(2) Grant recipients may use the money received through the grant program for the following purposes:
(a) To deliver training programs to teach district-based security personnel and appropriate school personnel basic procedures for effective communications with first responders in an emergency;
(b) To implement an interoperable technology solution to provide or to upgrade the following:
(I) A system or technology that can be activated and deactivated by the public safety 911 answering point, the network administrator, and the school over both the radio system and other communications networks;
(II) Radio and other technology bridge ability that is nonradio vendor specific for connecting independent school networks across the school district and public safety networks in the region; and
(III) An interoperability solution that operates over radio networks and other communications networks;
(c) To maintain or improve a school's existing interoperable communication hardware or software or to provide interoperable communication hardware and software to a school that does not yet have it; and
(d) For any necessary radio system capacity expansions where school loading has been determined to have a significant impact on public safety system loading.
(3) The office of school safety created in section 24-33.5-2702 shall administer the grant program and, subject to available appropriations, shall award grants as provided in this part 21. Subject to available appropriations, grants must be paid out of the fund created in section 24-33.5-2107.
(4) The director or the director's designee, in consultation with the grant selection committee created in subsection (5) of this section, shall implement the grant program in accordance with this part 21. Pursuant to article 4 of this title 24, the director or the director's designee shall promulgate such rules as are required in this part 21 and such additional rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money.
(5) There is hereby created the grant selection committee to work with the director or the director's designee to determine whether a grant applicant satisfies the criteria to receive a grant. The committee shall be composed of seven members appointed as specified in this subsection (5). The members of the committee shall serve without compensation; except that committee members shall not suffer any loss of salary while participating in the activities of the committee. Members of the committee shall meet as often as deemed necessary by the director or the director's designee to accomplish the work of the committee. Members of the committee shall be appointed on or before June 1, 2018, as follows:
(a) The chief information officer shall appoint one employee from the office;
(b) The speaker of the house of representatives shall appoint one person who represents urban or suburban school districts with interoperability experience in accordance with the school response framework;
(c) The president of the senate shall appoint one person who represents rural school districts with interoperability experience in accordance with the school response framework;
(d) The minority leader of the house of representatives shall appoint one person who represents the chiefs of police with interoperability experience in accordance with the school response framework;
(e) The minority leader of the senate shall appoint one person who represents county sheriffs with interoperability experience in accordance with the school response framework; and
(f) The director of the department of public safety shall appoint two employees from the department of public safety.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1362, § 1, effective May 16. L. 2023: (1) and (3) amended, (SB 23-241), ch. 120, p. 446, § 8, effective April 27.
24-33.5-2105. Grant program - application - criteria - awards. (1) A school is required to have a memorandum of understanding with its regional public safety 911 answering point or the local law enforcement agency or agencies that serve the school for communications interoperability to be eligible to apply for a grant. To receive a grant, a school must submit an application to the office of school safety created in section 24-33.5-2702 in accordance with rules promulgated by the director. At a minimum, the application must include the following information:
(a) A description of the school's current interoperable communication technology, if any;
(b) A summary of compliance with the Colorado school response framework pursuant to section 22-32-109.1 (4) or 22-30.5-503.5;
(c) A description of efforts that the school has taken to coordinate emergency communication with law enforcement, 911 system administrators, and other schools; and
(d) A description of the purpose for which the school would plan to use the grant money, including the proposed training program, joint exercise plan, and interoperability technology solution.
(2) The grant selection committee created in section 24-33.5-2104 (5) shall review the applications received pursuant to this section. In awarding grants, the grant selection committee shall consider the following criteria:
(a) The extent to which the school is fully compliant with the Colorado school response framework pursuant to section 22-32-109.1 (4) or 22-30.5-503.5; and
(b) Whether the school has a crisis management plan in place with safety team members designated for communications with first responders.
(3) Subject to available appropriations, on or before December 31, 2018, and on or before September 1 each year thereafter for the duration of the grant program, the director or the director's designee shall award grants as provided in this part 21. The director or the director's designee shall distribute the grant money within thirty days after the grants are awarded.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1364, § 1, effective May 16. L. 2023: IP(1) amended, (SB 23-241), ch. 120, p. 446, § 9, effective April 27.
24-33.5-2106. Reporting requirements. (1) On or before January 15, 2020, and on or before January 15 each year thereafter for the duration of the grant program, each school that receives a grant through the grant program shall submit a report to the office of school safety created in section 24-33.5-2702. At a minimum, the report must include the following information:
(a) The number of schools that used grant money to provide training programs to appropriate personnel regarding effective communications with first responders in an emergency;
(b) The number of schools that used grant money to provide or upgrade its interoperable technology, including interoperable communication hardware or software; and
(c) The total number of students enrolled in the schools that received grant money.
(2) On or before January 15, 2019, and on or before January 31 each year thereafter for the duration of the grant program, the department shall include a summarized report of the activities of the grant program in the department's annual presentation to the applicable committee of reference pursuant to section 2-7-203.
(3) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this section continue until the grant program repeals pursuant to section 24-33.5-2108.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1365, § 1, effective May 16. L. 2019: (2) amended, (SB 19-252), ch. 254, p. 2452, § 4, effective August 2. L. 2023: IP(1) amended, (SB 23-241), ch. 120, p. 447, § 10, effective April 27.
24-33.5-2107. School access for emergency response grant program cash fund. (1) (a) The school access for emergency response grant program cash fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (1)(b) of this section and any other money that the general assembly may appropriate to the fund.
(b) On July 1, 2018, and each July 1 thereafter through July 1, 2028, the state treasurer shall transfer five million dollars to the fund from the state public school fund created in section 22-54-114.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purpose of awarding grants to schools or public safety communications network owners pursuant to this part 21. The department may use up to three percent of the money annually appropriated for the grant program to pay the direct and indirect costs that it incurs to administer the grant program.
(4) The state treasurer shall transfer all unexpended and unencumbered money in the fund to the general fund on June 30, 2029.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1366, § 1, effective May 16. L. 2023: (1)(b) and (4) amended, (SB 23-241), ch. 120, p. 447, § 11, effective April 27.
24-33.5-2108. Repeal of part. This part 21 is repealed, effective July 1, 2029.
Source: L. 2018: Entire part added, (SB 18-158), ch. 214, p. 1366, § 1, effective May 16. L. 2023: Entire section amended, (SB 23-241), ch. 120, p. 447, § 12, effective April 27.
PART 22
ENHANCE SCHOOL SAFETY INCIDENT RESPONSE
GRANT PROGRAM
Editor's note: This part 22 was added in 2018. For amendments to this part 22 prior to its repeal in 2021, consult the 2020 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
24-33.5-2201 to 24-33.5-2207. (Repealed)
Editor's note: Section 24-33.5-2207 provided for the repeal of this part 22, effective June 30, 2021. (See L. 2018, p. 1482.)
PART 23
CERTIFICATION OF
SELF-CONTAINED BREATHING APPARATUS
Cross references: For the legislative declaration in SB 19-061, see section 1 of chapter 215, Session Laws of Colorado 2019.
24-33.5-2301. Definitions. As used in this part 23, unless the context otherwise requires:
(1) Director means the director of the division.
(2) Division means the division of fire prevention and control in the department of public safety created in this article 33.5.
(3) DOT means the United States department of transportation.
(4) NIOSH means the national institute for occupational safety and health within the centers for disease control and prevention, United States department of health and human services.
(5) Pressure vessel means a supply or storage container, whether cylindrical, spherical, or of any other shape, that contains breathable gases under a pressure greater than one atmosphere for use in an SCBA.
(6) Self-contained breathing apparatus or SCBA means a portable system that provides the user with a supply of breathable air carried in a pressure vessel or generated by the system, requiring no intake of oxygen or other gases from the outside atmosphere.
Source: L. 2019: Entire part added, (SB 19-061), ch. 215, p. 2232, § 2, effective August 2.
24-33.5-2302. Self-contained breathing apparatus - pressure vessels - certification required. (1) On and after January 1, 2020, a person shall not sell, lease, or offer for use in the state an SCBA that contains or incorporates a pressure vessel unless the vessel is:
(a) Certified as meeting all applicable standards promulgated by DOT or NIOSH and any standards adopted by the director by rule; and
(b) Within its recommended service life following certification or, if applicable, recertification or requalification in accordance with the methods specified in special permit DOT-SP 16320 or a successor standard adopted by DOT or NIOSH.
Source: L. 2019: Entire part added, (SB 19-061), ch. 215, p. 2232, § 2, effective August 2.
24-33.5-2303. Rules. As the director deems necessary for the protection of firefighters and others using any self-contained breathing apparatus, the director may promulgate rules to establish and enforce standards for the inspection, certification, and use of the apparatus. The rules must incorporate or recognize current DOT or NIOSH standards for certification and recertification of pressure vessels with regard to any technology that is accepted by those federal agencies.
Source: L. 2019: Entire part added, (SB 19-061), ch. 215, p. 2233, § 2, effective August 2.
PART 24
JUVENILE JUSTICE REFORM
Editor's note: (1) Both § 24-33.5-2403 and HB 22-1211 provided for the repeal of this part, effective December 31, 2022. (See L. 2022, pp. 392, 395.)
(2) This part 24 was added in 2019. For the amendments to this part prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
24-33.5-2401 to 24-33.5-2403. (Repealed)
PART 25
PUBLIC SAFETY COMMUNICATIONS
Cross references: For the legislative declaration in HB 22-1353, see section 1 of chapter 479, Session Laws of Colorado 2022.
24-33.5-2501. Definitions. As used in this part 25, unless the context otherwise requires:
(1) Division means the division of homeland security and emergency management created in section 24-33.5-1603.
(2) Interoperable communications means the ability of public safety agencies in various disciplines and jurisdictions to communicate with each other on demand and in real time by voice or data using compatible radio communication systems or other technology.
(3) Office means the office of public safety communications created in section 24-33.5-2502.
(4) Public safety agency means an agency providing law enforcement, fire protection, emergency medical, or emergency response services.
(4.2) Public safety communications means public safety telecommunications coordination within state government.
(5) Region means an all-hazards emergency management region established by executive order of the governor.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3488, § 3, effective July 1, 2023. L. 2025: (4.2) added, SB 25-275), ch. 377, p. 2063, § 154, effective August 6.
24-33.5-2502. Office of public safety communications - public safety communications revolving fund - creation. (1) The office of public safety communications is created in the division of homeland security and emergency management in the department of public safety. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety. The director of the division shall appoint a director as head of the office of public safety communications.
(2) (a) The public safety communications revolving fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of money appropriated to the fund pursuant to subsection (2)(b) of this section, money deposited or credited to the fund pursuant to subsections (3) and (4) of this section, and any other money that the general assembly may transfer to the fund.
(b) The general assembly shall appropriate money to the fund each fiscal year in the annual general appropriation act for the direct and indirect costs of the office.
(c) The state treasurer shall credit all interest and income derived from the deposit or investment of money in the fund to the fund.
(d) The state treasurer shall credit any unexpended and unencumbered money remaining in the fund at the end of a fiscal year to the fund.
(e) Subject to annual appropriation by the general assembly, the office may expend money from the fund to pay the direct and indirect costs, including personal services and operating costs, associated with administering public safety communications.
(3) The office shall develop a method for billing users of the office's services the full cost of the services, including materials, depreciation related to capital costs, labor, and administrative overhead. The billing method shall be fully implemented for all users of the office's services on or before July 1, 2023. Revenue generated from such billing shall be credited to the fund.
(4) (a) The office may seek, accept, and expend gifts, grants, donations, and bequests from private or public sources for the direct and indirect costs, including personal services and operating costs, associated with administering public safety communications. The office shall transmit all money received through gifts, grants, donations, or bequests for such purposes to the state treasurer, who shall credit the money to the fund.
(b) The office may contract with the United States and any other legal entities with respect to money available to the office through gifts, grants, donations, or bequests.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3488, § 3, effective July 1, 2023. L. 2025: (2)(e) amended, (SB 25-265), ch. 130, p. 512, § 5, effective July 1.
24-33.5-2503. Transfer of functions - continuity of existence - rules. (1) On July 1, 2023, the powers, duties, and functions of the office of information technology in connection with public safety telecommunications coordination within state government pursuant to the former part 5 of article 37.5 of this title 24 are transferred to the department and allocated to the division pursuant to this section.
(2) (a) On and after July 1, 2023, the officers and employees of the office of information technology whose powers, duties, and functions concern the powers, duties, and functions transferred to the department and allocated to the division pursuant to subsection (1) of this section and whose employment in the division is deemed necessary by the director of the division to carry out the purposes of this part 25 shall be transferred to the division and become employees thereof.
(b) Any employees who are transferred to the department pursuant to this subsection (2) and who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of the state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.
(3) On or before July 1, 2023, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the office of information technology prior to said date pertaining to the powers, duties, and functions transferred to the department and allocated to the division pursuant to this section, are transferred to and become the property of the division.
(4) Whenever the office of information technology is referred to or designated by a contract or other document in connection with the powers, duties, and functions transferred to the department and allocated to the division pursuant to this section, such reference or designation shall be deemed to apply to the division. All contracts entered into by the office of information technology prior to July 1, 2023, in connection with the powers, duties, and functions transferred to the department and allocated to the division pursuant to this section are hereby validated, with the division created by section 24-33.5-1603 succeeding to all the rights and obligations of such contracts. Any appropriations of money from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the division for the payment of such obligations.
(5) All policies of the office of information technology in connection with the powers, duties, and functions transferred to the department and allocated to the division pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. On or after July 1, 2023, the director of the division shall adopt rules necessary for the administration of such powers, duties, and functions.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3489, § 3, effective July 1, 2023. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2063, § 155, effective August 6.
24-33.5-2504. Public safety communications network. (1) To more efficiently support the efforts of state departments, state institutions, state agencies, law enforcement agencies, and any public safety political subdivisions, and to better serve the public, a state public safety communications network is established, the construction, maintenance, security, and management of which is under the supervision of the director of the office.
(2) The director of the division shall appoint assistants, clerical staff, and other personnel as may be necessary to discharge the duties and responsibilities set forth by this part 25.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3490, § 3, effective July 1, 2023.
24-33.5-2505. Office of public safety communications - director - duties and responsibilities - rules. (1) The director of the office shall perform the following functions concerning public safety communications:
(a) In consultation with local, state, and federal departments, institutions, and agencies, formulate recommendations for a current and long-range public safety communications plan, involving public safety radio communications systems and their integration into applicable public safety communications networks for approval of the governor;
(b) Administer the approved current and long-range plan for public safety communications and exercise supervision over all state-owned public safety communications networks, systems, and public safety wireless broadband and microwave facilities;
(c) Review all existing and future state-owned public safety communications applications, planning, networks, systems, programs, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes of this part 25;
(d) Approve or disapprove the acquisition of public safety communications equipment by any state department, institution, or agency;
(e) Establish and enforce public safety communications policies, procedures, standards, and records for management of public safety communications networks and facilities for all state departments, institutions, and agencies;
(f) Continually review, assess, and ensure compliance with federal and state public safety communications regulations pertaining to the needs and functions of state departments, institutions, and agencies;
(g) Advise the governor and general assembly on public safety communications matters;
(h) Administer the public safety communications trust fund created in section 24-33.5-2510; and
(i) Adopt rules regarding distributions of public safety communications trust fund money to and repayment of such money by state and local governments.
(2) The director of the office may enter into contracts with any county, city and county, state agency, school district, or board of cooperative educational services and may act as a public safety communications network provider between or among two or more counties or state agencies for the purpose of providing public safety radio communications between or among such entities, including the judicial system of any county, the department of corrections, and the department of human services and any of their facilities. To ensure the availability of such network throughout the various state agencies, school districts, boards of cooperative educational services, and counties, the director of the office shall develop a uniform set of standards and policies for facilities to be used by the contracting entities.
(3) The director of the office shall:
(a) In consultation with recognized public safety radio communication standards groups and appropriate affected public agencies, adopt recommended standards for the replacement of analog-based radio equipment with digital-based radio equipment for purposes of dispatching and related functions within the department of public safety; and
(b) For purposes of serving the radio communications needs of state departments, including but not limited to the departments of public safety, transportation, natural resources, and corrections, adopt standards and policies and set a recommended timetable for the replacement of existing radio public safety communications equipment with a system that satisfies the requirements of the federal communications commission public safety national plan.
(4) (a) The director of the division is authorized, subject to the budget request requirements set forth in sections 2-3-208 and 24-37-304 (1)(c.3) and subject to appropriation by the general assembly, to purchase or lease any real estate, buildings, and property necessary for the operation or development of the public safety communications network; to use any available facilities and public safety communications equipment of any state agency or institution; and, if necessary, to provide for the construction of the network.
(b) The facilities of the network may be made available within available resources and without any negative impact to the existing network for the use of:
(I) State departments, state institutions, state agencies, law enforcement agencies, and any public safety political subdivisions of the state;
(II) Other local, state, and federal governmental entities or public safety-related nonprofit organizations that directly support any agency described in subsection (4)(b)(I) of this section and that:
(A) May be requested to support the purposes expressed in subsections (1)(c) and (1)(e) of this section and aggregate public safety communications service requirements of any public office described in section 24-32-3001 (1)(h); or
(B) Make donations, grants, bequests, and other contributions to the public safety communications trust fund pursuant to section 24-33.5-2510 (2)(b); or
(III) (A) Private entities through public-private partnerships considered, evaluated, and accepted by the director of the division; except that any negotiated lease rates must be based on local market-based lease rates in the area.
(B) Lease revenues from public-private partnerships entered into pursuant to subsection (4)(b)(III)(A) of this section must be credited as follows: Seventy-five percent to the public safety communications trust fund for improvements to the state public safety communications network and twenty-five percent to the public school capital construction assistance fund created in section 22-43.7-104 for technology grants allowed in section 22-43.7-109 (13).
(5) The department shall annually include as part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) updates regarding state public safety communications as deemed appropriate by the director of the division.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3490, § 3, effective July 1, 2023.
24-33.5-2506. Legislative department exemption. The provisions of this part 25 do not apply to the legislative department of the state.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3493, § 3, effective July 1, 2023.
24-33.5-2507. Higher education exemption. Local and internal public safety communications networks of institutions of higher education may be exempted from the provisions of this part 25 upon application to the director of the office; except that all systems must be certified by the director of the office as being technically compatible with plans and networks as described in section 24-33.5-2505 (1).
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3493, § 3, effective July 1, 2023.
24-33.5-2508. Digital trunked radio system - service charges - pricing policy. (1) (a) Users of the digital trunked radio system shall be charged the full cost of the particular service, which shall include the cost of all material, labor, and overhead. The user charges shall be transmitted to the state treasurer, who shall credit them to the public safety communications trust fund created in section 24-33.5-2510. The public safety communications trust fund must include user charges on public safety radio systems of a state agency or other state entity; except that no municipality, county, city and county, or special district shall be charged user charges on public safety radio systems of a state agency or other state entity.
(b) Privately owned and operated businesses may be granted use of the public safety communications network. Such businesses may be assessed fees for network services provided. Fees collected from these businesses shall be transferred to the public safety communications trust fund for reinvestment in the network.
(2) The director of the office shall establish a policy of remaining competitive with private industry with regard to the cost, timeliness, and quality of the public safety radio communications functions provided by the department. An agency may only purchase private services if it has first worked with the department and the department has authorized the purchase of private services.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3493, § 3, effective July 1, 2023.
24-33.5-2509. Interoperable communications among public safety radio systems - statewide plan - regional plans - governmental immunity - needs assessment. (1) (a) The executive director shall exercise the powers, duties, and functions regarding the tactical and long-term interoperable communications plan, adopted by each region pursuant to former section 24-33.5-716, as that section existed on June 30, 2023, to improve communications among public safety agencies in the region and with public safety agencies of other regions, the state and federal governments, and other states. The plans shall include measures to create and periodically test interoperability interfaces, provisions for training on communications systems and exercises on the implementation of the plan, a strategy for integrating with the state digital trunked radio system, deadlines for implementation, and other elements required by the executive director. Each region shall submit revised plans as they are updated to the director of the office.
(b) Each local government agency or private entity that operates a public safety radio system shall collaborate in the development and, as necessary, periodic revision of the tactical and long-term interoperable communications plan of the region in which it is located. Such tactical plans, and revisions thereto, shall be submitted to the director of the office.
(c) A region that fails to timely submit a tactical and long-term interoperable communications plan or revisions thereto, or a local government agency that fails to collaborate in the development of or timely submit the plan, or a region or local government agency that fails to maintain current plans, is ineligible to receive homeland security or public safety grant money administered by the department of local affairs, department of public safety, or department of public health and environment until the region submits a plan to the director of the office.
(2) A public safety agency shall not expend money received through the department on a mobile data communications system unless the system is capable of interoperable communications.
(3) The executive director shall not require a public safety agency to acquire the communications equipment of a particular manufacturer or provider as a condition of awarding grant money administered by the department.
(4) A public safety agency or an employee of a public safety agency acting in collaboration with another agency or person to create and operate an interoperable communications system has the same degree of immunity under the Colorado Governmental Immunity Act, article 10 of this title 24, as the public safety agency or employee would have if not acting in collaboration with another agency or person.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3493, § 3, effective July 1, 2023.
24-33.5-2510. Public safety communications trust fund - creation - report. (1) The public safety communications trust fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of money appropriated or transferred to the fund pursuant to subsections (2) and (3) of this section and any other money that the general assembly may appropriate or transfer to the fund. The money in the fund is continuously appropriated by the general assembly to the department for distribution as determined by rules adopted pursuant to section 24-33.5-2505 (1)(i). The primary purpose of such distribution is the acquisition and maintenance of public safety communications systems for use by departments including but not limited to the departments of public safety, transportation, natural resources, and corrections as provided in section 24-33.5-2505 (3)(b). Such systems shall satisfy the requirements of the public safety national plan established by the federal communications commission, 47 CFR 90.16. This section shall not preclude the payment of maintenance expenses including the cost of leased or rented equipment, payments to local governmental entities for radio communications systems, or payments related to public safety radio systems.
(2) (a) (I) The general assembly declares its intention to commit state money to the fund for the purposes set forth in this section. Except as otherwise provided in subsection (2)(b) of this section, the total amount of the principal in the fund shall not exceed fifty million dollars.
(II) Any transfer of state money to the fund for any fiscal year from money in the capital construction fund created in section 24-75-302 is continuously appropriated from the fund to the department for the purposes set forth in this section. Any money in the fund so appropriated that was initially transferred from money in the capital construction fund shall, if any project for which such money is appropriated is initiated within the fiscal year, remain available until completion of the project, at which time the unexpended and unencumbered balances of such appropriation shall revert to the fund.
(b) In addition to any transfers made as a result of subsection (2)(a) of this section, the department may solicit and accept gifts, grants, donations, bequests, and other contributions to the fund from local, state, and federal entities and from public safety-related nonprofit organizations that directly support state departments, state institutions, state agencies, and law enforcement and public safety political subdivisions of the state. Such contributions shall be transmitted to the state treasurer, who shall credit the contributions to the fund.
(3) (a) (I) For the 2023-24 and 2024-25 state fiscal years, the general assembly shall transfer to the fund a total of three million five hundred thousand dollars from the general fund or from any other fund. For each such fiscal year, the general assembly shall determine the amount to be transferred from the general fund and the amount to be transferred from any other fund. The department shall use the money transferred to the fund pursuant to this subsection (3)(a)(I) for the replacement of legacy radio equipment and hardware at radio tower sites.
(II) For the 2023-24 and 2024-25 state fiscal years, in addition to the amount transferred to the fund pursuant to subsection (3)(a)(I) of this section, the general assembly shall transfer to the fund three million seven hundred thousand dollars from the general fund or from any other fund. For each such fiscal year, the general assembly shall determine the amount to be appropriated from the general fund and the amount to be appropriated from any other fund. The department shall use the money appropriated to the fund pursuant to this subsection (3)(a)(II) for software upgrade assurance.
(III) The department may use any unencumbered and unexpended money transferred pursuant to subsections (3)(a)(I) and (3)(a)(II) of this section on digital trunked radio system site supporting infrastructure and digital trunked radio system supporting software and hardware.
(IV) The department shall use the money transferred to the fund pursuant to section 39-29-110 (10)(a) to support the digital trunked radio system, including site supporting infrastructure and supporting software and hardware.
(b) On or before November 1, 2023, and on or before November 1 of each year thereafter through November 1, 2025, the department, in consultation with the department of corrections, the department of natural resources, the department of transportation, and any other state department or local or regional government deemed appropriate by the department, shall submit a report to the joint budget committee of the general assembly detailing the use of the money appropriated to the fund pursuant to subsection (3)(a) of this section. The report must include the following:
(I) Comprehensive documentation regarding the purposes for which the money transferred pursuant to subsection (3)(a) of this section was used during the prior fiscal year and is being used during the current fiscal year and the anticipated use of the money that will be transferred in future fiscal years;
(II) Of the total amount expended during the prior fiscal year for each of the purposes specified in subsections (3)(a)(I) and (3)(a)(II) of this section, the amount that was transferred from the general fund and the amount that was transferred from any other fund; and
(III) For the transfer or transfers for the next fiscal year, a recommendation regarding the amount to be transferred from the general fund and the amount to be transferred from any other fund for each of the purposes specified in subsections (3)(a)(I) and (3)(a)(II) of this section.
(4) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(5) In authorizing distributions of principal and interest from the fund and purchasing, leasing, contracting for, and otherwise acquiring equipment for state entities, the director of the division shall consider the following:
(a) The need for achieving functional interoperability among local, state, and federal public safety radio communications systems by acquiring equipment that meets emerging technical standards for systems interoperability and open network architecture;
(b) The needs of local government entities that have recently invested in new radio systems, particularly in regard to interoperability; and
(c) The promotion of an orderly transition from analog-based to digital-based radio systems.
(6) In acquiring equipment pursuant to subsection (5) of this section, the director of the division shall develop bid specifications that identify all services, requirements, and costs consistent with existing state law.
(7) (a) The director of the division shall keep an accurate account of all activities related to the fund including its receipts and expenditures and shall annually report in writing such account to the joint budget committee, created in section 2-3-201. The state auditor may investigate the affairs of the fund, severally examine the properties and records relating to the fund, and prescribe accounting methods and procedures for rendering periodical reports in relation to disbursements and purchases made from the fund.
(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (7)(a) of this section continues indefinitely.
(8) In the expenditure of any money from the fund for the acquisition, maintenance, or lease of any public safety radio communications systems equipment or any other communications devices or equipment, the director of the division shall ensure that such expenditures are made pursuant to the requirements set forth under the Procurement Code, articles 101 to 112 of this title 24.
Source: L. 2022: Entire part added, (HB 22-1353), ch. 479, p. 3494, § 3, effective July 1, 2023. L. 2025: (3)(a)(IV) added, (SB 25-256), ch. 107, p. 458, § 2, effective April 24.
PART 26
MISSING AND MURDERED INDIGENOUS RELATIVES
Cross references: For the legislative declaration in SB 22-150, see section 1 of chapter 466, Session Laws of Colorado 2022.
24-33.5-2601. Definitions. As used in this part 26, unless the context otherwise requires:
(1) Director means the director of the office, appointed pursuant to section 24-33.5-2603 (2).
(2) Indigenous means having descended from people who were living in North America prior to the time people from Europe began settling in North America, being an enrolled member of a federally recognized Indian tribe, or being a lineal descendant of a tribally enrolled parent or guardian.
(3) Indigenous-led organization means an organization or entity whose board or decision-making body membership is entirely indigenous and whose staff is comprised of at least seventy percent indigenous persons.
(4) Missing or murdered indigenous relative means any missing or murdered indigenous person.
(5) Office means the office of liaison for missing and murdered indigenous relatives established in section 24-33.5-2603.
(6) Office personnel means the director of the office and any employee or agent of the office. Office personnel does not include a member of the community volunteer advisory board established in section 24-33.5-2603 (4).
Source: L. 2022: Entire part added, (SB 22-150), ch. 466, p. 3310, § 2, effective June 8. L. 2023: (6) added, (SB 23-054), ch. 321, p. 1940, § 1, effective June 2.
24-33.5-2602. Missing and murdered indigenous relatives - department duties. (1) The department shall improve the investigation of missing and murdered indigenous relative cases and address injustice in the criminal justice system's response to the cases of missing and murdered indigenous relative cases. The executive director shall assign staff as necessary to carry out the duties described in this part 26 and may assign the duties to the various divisions and offices in the department, including the office of liaison for missing and murdered indigenous relatives and the Colorado bureau of investigation.
(2) The department shall:
(a) Facilitate technical assistance and work with tribal, state, and federal law enforcement agencies on missing persons investigations and homicide cases involving indigenous victims;
(b) Develop a best practices protocol for law enforcement response to reports of missing indigenous people;
(c) Conduct case reviews and report on the results of case reviews for the following types of missing or murdered indigenous relatives cases:
(I) Cold cases for missing indigenous people; and
(II) Death investigation review for cases of indigenous people ruled as suicide or overdose under suspicious circumstances;
(d) Develop and enhance partnerships with tribal law enforcement and communities to build trust, ensure ease of reporting, coordinate investigations, and timely enter information regarding missing and murdered indigenous relatives into relevant criminal justice databases;
(e) Work with the federal bureau of investigation on reported missing or murdered indigenous relative cases and coordinate with local law enforcement as necessary for the investigation of the cases;
(f) Update tribal law enforcement agencies on the status of cases involving a missing or murdered member of the tribe;
(g) Coordinate, as relevant, with the federal bureau of Indian affairs' cold case office established as part of its operation lady justice initiative, other federal efforts, and efforts in neighboring states to investigate cold cases involving missing or murdered indigenous relatives. This subsection (1)(g) pertains to state and federal investigative efforts. Tribes are sovereign nations that have the right to determine if and how they will coordinate any investigative efforts.
(h) Coordinate with other state and local offices including, but not limited to, agency tribal liaisons, the Colorado commission of Indian affairs, and county coroners to develop training and education on missing or murdered indigenous persons issues, spiritual practices or ceremonies pertaining to human remains of an indigenous person, and the government-to-government relationship between the state and tribes;
(i) Work with the peace officer standard and training board to facilitate training for law enforcement and members of the public on issues relating to missing or murdered indigenous persons;
(j) Develop best practices for data accuracy and procedures to update records when indigenous victims are incorrectly identified in reports and recommend policies and best practices for maintaining accurate data and correcting victim identity inaccuracies in reports to relevant tribal, state, and federal law enforcement agencies and any other relevant government agencies;
(k) Coordinate with other states to ensure Colorado is enacting and using best practices for reporting, tracking, and investigating missing or murdered indigenous relatives cases and to identify cases involving repeat offenders;
(l) Recommend to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and any relevant law enforcement agencies, legislative and agency actions to address injustice in the criminal justice system's response to the cases of missing or murdered indigenous relatives;
(m) Develop recommendations and facilitate training to strengthen the trauma-informed and victim-centered response of law enforcement, courts, and the health-care system as to the cause of violence against indigenous survivors and make the recommendations available to interested organizations, relevant tribal, state, and federal law enforcement agencies, and any other relevant agencies;
(n) Assist families, tribal agencies, and nongovernmental entities in using the national missing and unidentified persons system administered by the national institute of justice within the United States department of justice, and other resources;
(o) Provide guidance to families of indigenous victims on how to navigate state and federal district court cases;
(p) Inform indigenous community members and family members about active community-led grassroots or volunteer collaborations that are organizing or conducting search efforts, support groups, or other supportive efforts that are relevant to the community's or family member's missing or murdered indigenous relative; and
(q) Consult with indigenous-led community organizations that serve indigenous populations to promote, and develop best practices for promoting, community relations with indigenous populations.
Source: L. 2022: Entire part added, (SB 22-150), ch. 466, p. 3310, § 2, effective June 8.
24-33.5-2603. Office of liaison for missing and murdered Indigenous relatives - director - duties - report - collaboration - advisory board - access to records - gifts, grants, and donations. (1) There is created in the department the office of liaison for missing and murdered Indigenous relatives to work on behalf of those who are missing or murdered. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(2) (a) The executive director of the department shall appoint the director of the office pursuant to section 13 of article XII of the state constitution. The director of the office must be a person closely connected to a tribe or the Indigenous community and who is highly knowledgeable about criminal investigations. The executive director is encouraged to consider candidates for appointment who are recommended by tribes and Indigenous communities.
(b) The director may appoint staff as necessary to carry out the duties of the office. In appointing staff for the office, the director shall give preference to those with experience working with Indigenous persons and Indian tribes. The director shall encourage Indigenous persons to apply for positions in the office.
(3) The office shall serve as a liaison on behalf of the Indigenous community on issues related to missing or murdered Indigenous relatives, support the advisory board created in subsection (4) of this section, and carry out any duties assigned by the executive director. In carrying out its duties, the office shall collaborate with any relevant entities, including the Colorado commission of Indian affairs, federally recognized tribes, Indigenous-led organizations, tribal and local law enforcement agencies, the Colorado bureau of investigation, and the Colorado state patrol.
(3.5) In addition to any other duties described in this section, the office shall:
(a) In order to better understand the causes of crimes involving a missing or murdered Indigenous person, conduct comprehensive reviews of sentencing in cases of a violent or exploitative crime against an Indigenous person. The office's case reviews should identify cases in which the perpetrator is a repeat offender. The reviews must include consultations with the lead investigative agency and district attorney and collection and review of all sentencing information related to the case. The office shall annually publish a report that includes information about the case reviews, including the number of cases reviewed, the jurisdiction of those cases, and the disposition of each case. The department shall publish the report on a publicly available page of its website.
(b) Develop and maintain communication with relevant divisions in the department regarding any cases involving missing or murdered Indigenous relatives;
(c) Repealed.
(d) Collaborate with Indigenous-led organizations and the Colorado district attorneys' council to assist the Colorado district attorneys' council in developing and providing training to victim advocates in district attorneys' offices and law enforcement agencies who work with the families of missing or murdered Indigenous relatives; and
(e) Designate one employee of the office, in addition to the director, to serve as a point of contact for families in need of assistance with ongoing or completed missing or murdered Indigenous relatives cases. For each family the employee works with, the employee shall liaise with the victim services coordinator in a district attorney's office who is assigned to the family's case and any other advocate assigned by a state or local agency to the family's case; provide to the family available information about the family's case; facilitate connections with local law enforcement, advocacy, and victim services organizations, and when necessary advocate for the family with those entities and follow-up with those entities; and provide the family with information about community resources and support services.
(4) (a) There is established in the office the community volunteer advisory board to identify and advise the office on areas of concern regarding missing or murdered Indigenous relatives and issues relating to organizing or conducting search efforts, support groups, or other supportive efforts related to missing or murdered Indigenous relatives. The advisory board shall meet at least once per quarter in state fiscal year 2022-23, and biannually thereafter, at dates and times as called by the executive director. The advisory board may meet electronically.
(b) The advisory board is comprised of the following members:
(I) Ten members appointed by the executive director, as follows:
(A) One representative of an Indigenous-led organization that provides advocacy or counseling for Indigenous victims of violence;
(B) One representative of an Indigenous-led organization that provides legal services for Indigenous victims of violence;
(C) One representative of an Indigenous-led organization that provides health services to Indigenous victims of violence;
(D) One representative of a community-based organization that provides services to an urban Indigenous community;
(E) One representative of a community-based organization that provides services to a rural Indigenous community;
(F) One representative of a community-based victim advocate organization serving Colorado's Indigenous population;
(G) One representative of a national organization that provides education and awareness of missing and murdered Indigenous relatives; and
(H) Three members who are Indigenous people who have been victims of violence or are a family member of an Indigenous person who has been a victim of violence;
(II) One member who represents the Ute Mountain Ute Tribe, appointed by the Ute Mountain Ute tribal council;
(III) One member who represents the Southern Ute Indian Tribe, appointed by the Southern Ute tribal council;
(IV) One member who represents the Ute Indian Tribe of the Uintah and Ouray reservation, appointed by the Northern Ute tribal council;
(V) Four members who are each an enrolled member of a tribe with historical ties to Colorado, as identified on the Colorado tribal contacts list developed by history Colorado in partnership with the Colorado commission of Indian affairs;
(VI) Two members with expertise in law enforcement, appointed by the executive director from any two of the following categories:
(A) A peace officer who works or resides on a federally recognized Indian tribe's reservation in Colorado;
(B) A sheriff from a county with a population of fewer than one hundred thousand persons;
(C) A sheriff from an urban county;
(D) A representative of the Colorado state patrol, with the approval of the chief of the state patrol; or
(E) A representative of the Colorado bureau of investigation, with the approval of the director of the bureau; and
(VII) Two members, appointed by the executive director, who each represent one of the following:
(A) The attorney general's office, appointed with the approval of the attorney general;
(B) The judicial branch, appointed with the approval of the state court administrator;
(C) The Colorado commission of Indian affairs, appointed with the approval of the commission's director;
(D) Certified death investigators, who must be a death investigator certified by the state coroners association; or
(E) The state department of human services, appointed with the approval of the executive director of the department.
(c) Members serve at the pleasure of the appointing authority. Advisory board members serve without compensation and without reimbursement for expenses. Advisory board members are not office personnel.
(d) The advisory board shall prepare an annual report that includes a summary of the advisory board's work during the prior year and the advisory board's recommendations about any issue related to the office to improve any aspect of the office, its operation, or procedures in furtherance of the office's mission. No later than December 31 of each year, the advisory board shall submit the annual report to the house of representatives judiciary committee and state, civic, military, and veterans affairs committee and the senate judiciary committee and state, veterans, and military affairs committee, or their successor committees. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in this subsection (4)(d) continues indefinitely.
(5) (a) Subject to applicable state or federal law, and, subject to the custodian balancing the needs of the office, the families of missing persons, and law enforcement's interest in protecting the integrity of an investigation, office personnel may inspect relevant criminal justice records, including any correctional or detention records, and any pertinent medical, coroner, and laboratory records in the custody of any state or local agency that are necessary for the office to perform its duties pursuant to this section. A law enforcement agency shall comply with a request for data from the department of public safety to the extent consistent with the Colorado Open Records Act, part 2 of article 72 of title 24, and the criminal justice records act, part 3 of article 72 of title 24. Office personnel may only review and inspect records at reasonable times and with reasonable notice under the circumstances. Office personnel shall not have access pursuant to this subsection (5) to any criminal justice or medical record that is not pertinent, relevant, or necessary for the office to perform its duties described in this section.
(b) Any record inspected, accessed, or otherwise obtained or reviewed by office personnel pursuant to this subsection (5) is confidential. The office shall not release, share, or make public the records or any information contained in the records, except as follows:
(I) The office may publicly release aggregated information on a publicly available page of the department's website in a manner that does not identify any individual person and does not include any information that may be linked to any individual;
(II) The office may release records or information learned from a record related to a person who has been missing for five years or more or a person whose death the office has confirmed to the following people who are related to the person who is the subject of the record: The person's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents, including any of those relationships created as a result of adoption. In determining whether to release records, the office shall balance the needs of the office, the families of missing persons, and law enforcement's interest in protecting the integrity of an investigation.
(III) If the office is ordered to release a record pursuant to a search warrant, subpoena, or other court order, the office shall release the record to the extent ordered.
(c) Office personnel who violate this section by releasing or making public a confidential record or confidential information learned from a record commits a class 2 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501 (1).
(6) The office may seek, accept, and expend gifts, grants, or donations from private or public sources to carry out any of the office's duties and to provide financial support to missing or murdered Indigenous relatives' families. The support may include, but is not limited to, assistance with payment for the cost of record retrieval, travel expenses, lodging, gas, or funeral costs.
Source: L. 2022: Entire part added, (SB 22-150), ch. 466, p. 3312, § 2, effective June 8. L. 2023: (3.5), (4)(d), (5), and (6) added, (SB 23-054), ch. 321, p. 1940, § 2, effective June 2. L. 2024: (3.5)(c) repealed, (HB 24-1450), ch. 490, p. 3417, § 50, effective August 7.
24-33.5-2604. Gifts, grants, and donations. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 26.
Source: L. 2022: Entire part added, (SB 22-150), ch. 466, p. 3315, § 2, effective June 8.
24-33.5-2605. Information dashboard - report. (1) The department shall publish on its public website a dashboard that displays, in an interactive, intuitive, and visual manner, information regarding missing or murdered indigenous persons, including:
(a) The number of cases of missing or murdered indigenous relatives;
(b) The tribal affiliation of each missing or murdered indigenous relative, to the extent that publishing tribal affiliation does not identify an individual person;
(c) Geographic information regarding cases of missing or murdered indigenous relatives;
(d) The results of cases of missing or murdered indigenous relatives; for example, whether the person is found and whether a perpetrator has been arrested and charged in the case and the disposition of the charges; and
(e) Resources available for family members of missing or murdered indigenous relatives.
(2) (a) On or before December 31, 2023, and on or before December 31 of each year thereafter, the department shall submit a report on missing or murdered indigenous relatives to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and the governor's office. The department shall make the report available to the public on its website. The report must include an update about missing or murdered indigenous relatives in Colorado, including the information included in the dashboard described in subsection (1) of this section; the recommendations for legislative and governmental agency actions described in section 24-33.5-2602 and any other recommendations to address injustice in the criminal justice system's response to the cases of missing or murdered indigenous relatives; and a summary of the office's work during the year.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in this subsection (2) continues indefinitely.
Source: L. 2022: Entire part added, (SB 22-150), ch. 466, p. 3315, § 2, effective June 8.
24-33.5-2606. Missing or murdered Indigenous relatives phone line. The state's fusion center in the office of prevention and security, created in section 24-33.5-1606, shall create a dedicated phone line for missing or murdered Indigenous relatives. The phone line must operate twenty-four hours a day, seven days a week. The phone line must facilitate connecting a caller with the appropriate contact at either the office or the Colorado bureau of investigation.
Source: L. 2023: Entire section added, (SB 23-054), ch. 321, p. 1943, § 3, effective June 2.
PART 27
OFFICE OF SCHOOL SAFETY
24-33.5-2701. Definitions. As used in this part 27, unless the context otherwise requires:
(1) Center means the school safety resource center created in section 24-33.5-1803.
(2) Department means the department of public safety.
(3) Director means the director of the office.
(4) Executive director means the executive director of the department.
(5) Office means the office of school safety created in section 24-33.5-2702.
(6) School means an institution at which instruction is provided by instructors to students in one or more buildings on a campus. School includes a school serving any of grades preschool through twelve and an institution of higher education.
Source: L. 2023: Entire part added, (SB 23-241), ch. 120, p. 447, § 13, effective April 27.
24-33.5-2702. Office of school safety - created - duties - grants manager - crisis response unit. (1) The office of school safety is hereby created within the office of the executive director. The executive director shall appoint a director of the office pursuant to section 13 of article XII of the state constitution. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the executive director.
(2) The office has the following duties:
(a) To oversee the center;
(b) To administer the school access for emergency response grant program created in section 24-33.5-2104;
(c) To promote equitable access to school safety support for all schools;
(d) To assist schools in assessing any school safety challenges;
(e) To assist schools in obtaining any available funding or grants related to school safety;
(f) To provide technical assistance to schools to improve school safety;
(g) To administer the youth violence prevention grant program;
(g.5) To oversee the work group created in section 24-33.5-2706; and
(h) Any other duties related to the implementation of this section.
(3) The director shall appoint a grants manager to assist schools in obtaining any funding or grants available pursuant to section 24-33.5-2703, any funding available pursuant to part 18 of article 33.5 of title 24, any funding available pursuant to part 21 of article 33.5 of title 24, and any other available funding related to school safety.
(4) The crisis response unit is hereby created within the office. The unit shall assist schools in responding to a crisis or emergency event.
Source: L. 2023: Entire part added, (SB 23-241), ch. 120, p. 447, § 13, effective April 27. L. 2025: (2)(g) amended and (2)(g.5) added, (SB 25-027), ch. 363, p. 1974, § 3, effective August 6.
Cross references: For the legislative declaration in SB 25-027, see section 1 of chapter 363, Session Laws of Colorado 2025.
24-33.5-2703. Youth violence prevention grant program - created. There is hereby created in the office the youth violence prevention grant program to provide rapid response grants to public schools, public charter schools, community-based organizations, and cities and counties with youth diversion or probation programs to address youth violence, develop strategies for preventing youth violence, and develop strategies for youth violence intervention. The office shall give priority to organizations in communities facing significant rates of youth violence. Any grant awarded must not exceed one hundred thousand dollars. The office may establish guidelines necessary for the administration of the grant program, including grant application procedures, criteria for determining the amount and duration of grants, and reporting requirements for organizations that receive grants.
Source: L. 2023: Entire part added, (SB 23-241), ch. 120, p. 447, § 13, effective April 27.
24-33.5-2704. Educator safety task force - created - report - definitions - repeal. (1) There is created in the office of school safety the educator safety task force.
(2) (a) (I) The task force consists of the following voting members:
(A) The director, or the director's designee, who is the chairperson of the task force;
(B) Three public school teachers who are licensed pursuant to article 60.5 of title 22 and employed by a school district in this state from a rural, urban, and suburban district, one public school teacher from a suburban district appointed by the governor and one public school teacher from a rural school district and one public school teacher from an urban school district appointed by the speaker of the house, on the advice of a statewide association that represents teachers.
(C) Two education support professionals, one of whom focuses on English language learning, appointed by the president of senate on the advice of a statewide association that represents education support professionals;
(D) One school support professional who is licensed pursuant to article 60.5 of title 22, who focuses on addressing mental health at the school level and has an understanding of neurological and development disorders, such as autism, appointed by the governor on the advice of a statewide association that represents education support professionals;
(E) Two school administrators, who are employed either at the school or district level by a public non-charter school district, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house, on the advice of a statewide association that represents school executives;
(F) One teacher who is employed at a charter school, appointed by the house minority leader on the advice of a statewide association that advocates for charter schools;
(G) One school leader or administrator who is employed at a district charter school or a school authorized by the charter school institute, appointed by the senate minority leader on the advice of the charter school institute;
(H) A representative of an organization that represents students and families from disproportionately impacted schools that receives money under title I of the federal elementary and secondary education act of 1965, as amended, and the schools are in a school district in which the majority of the students enrolled in the district identify as minority, appointed by the president of the senate;
(I) A representative of a statewide organization that represents students with disabilities, appointed by the speaker of the house;
(J) An individual who works for a nonprofit entity that focuses on school safety and training, appointed by the senate minority leader; and
(K) A certified restorative justice professional who has experience with community-based juvenile restorative justice, appointed by the governor.
(II) The task force consists of the following nonvoting members:
(A) The commissioner of education or the commissioner's designee;
(B) A representative of the behavioral health administration created in section 27-50-203, appointed by the commissioner of the behavioral health administration; and
(C) A student representing a community disproportionately impacted by school discipline, appointed by the governor.
(b) The appointing authorities shall appoint the task force members by July 31, 2024.
(c) Any vacancy occurring in the membership of the task force must be filled in the same manner as the original appointment.
(d) A majority of the members of the task force constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the task force.
(e) The chairperson of the task force shall convene the first meeting of the task force no later than September 1, 2024. the task force shall meet at least four times in 2024 and at least three times in 2025. The task force shall establish procedures to allow members of the task force to participate in the meetings remotely.
(f) The members of the task force serve without compensation, but may be reimbursed for expenses directly relating to their service on the task force.
(g) Upon the request of the chairperson of the task force, the office of school safety shall provide staff assistance, meeting space, or audio-visual communication technology resources to the task force as necessary for the performance of its duties.
(3) (a) The task force shall study:
(I) Any issue relating to the safety and well-being of public school staff, including laws or regulations that affect the safety and well-being of public school staff;
(II) The effects of the declining number of education professionals on student behaviors, as well as the effects of widespread staff shortages, class size, and caseloads on disruptive learning environments;
(III) Incidents of aggressive student behaviors toward educators to inform solutions. The study of incidents of aggressive student behavior must include an examination of the student's history, the school's attempts at addressing the behavior and mental health needs, including, but not limited to, behavioral assessments or behavioral plans, access to mental health supports within the school, and referrals to supports outside of the school. The study of incidents of aggressive student behavior must also include examining the number of suspensions that have occurred and the number of abbreviated school days because of behavior concerns. The study of these incidents must protect the privacy of students and must include worker's compensation data, reported incidents in the teaching and learning conditions in Colorado survey, and other relevant data that may inform solutions. The solutions must not include policies that focus on additional student discipline or criminal referral of students or activate any current policies that cause students of color and students with disabilities to be at disproportionate risk for criminal referrals.
(IV) The work and recommendations of the following task forces: The school finance task force, the school safety working group, the disproportionate discipline task force, and the facility schools working group;
(V) The impact of insufficient funding, lack of coordination of services between school and community, and the lack of wraparound services on learning environments; and
(VI) The role that resource inequality may have on staff safety issues.
(b) The task force shall make recommendations for administrative and statutory changes that are necessary to facilitate school staff safety solutions.
(4) On or before June 30, 2025, the task force shall submit a final report, including its findings and recommendations on the issues identified in subsection (3) of this section, to the education committees of the house of representatives and the senate, or their successor committees; the governor; the state board; the commissioner of education; and the department of education.
(5) For the purposes of this section:
(a) Education support professional means a person that is employed by a school district in this state who is not required as a condition of employment to hold a license issued pursuant to this title 22. The term includes administrative staff, paraprofessionals, custodial staff, food service workers, and bus drivers.
(b) Task force means the educator safety task force created in subsection (1) of this section.
(6) This section is repealed, effective December 31, 2025.
Source: L. 2024: Entire section added, (HB 24-1320), ch. 418, p. 2855, § 1, effective June 5.
24-33.5-2705. Office of school safety advisory board - created. (1) There is created in the office the office of school safety advisory board, referred to in this section as the advisory board, to recommend policies of the office.
(2) (a) The advisory board consists of not less than fourteen members, each of whom is appointed to a term of two years as follows:
(I) One member must represent the department of education, created pursuant to section 24-1-115, and be appointed by the commissioner of education.
(II) One member must be an individual with professional expertise in behavioral health treatment who represents an elementary or secondary school or a school district and be appointed by the commissioner of education.
(III) One member must be a school administrator and be appointed by the commissioner in consultation with a statewide association of school executives.
(IV) One member must represent state universities and colleges and be appointed by the executive director of the Colorado commission on higher education appointed pursuant to section 24-1-114.
(V) One member must represent community colleges and local district colleges and be appointed by the state board for community colleges and occupational education created pursuant to section 23-60-104.
(VI) One member must be a member of a parents' organization and be appointed by the governor.
(VII) One member must be a district attorney and be appointed by the governor.
(VIII) One member must represent the behavioral health administration established in section 27-50-102 and be appointed by the commissioner of the behavioral health administration appointed pursuant to section 27-50-103.
(IX) One member must represent the department of public health and environment, created pursuant to section 25-1-102, and be appointed by the executive director of the department of public health and environment.
(X) One member must represent the Colorado department of law, created pursuant to section 24-1-113, and be appointed by the attorney general.
(XI) One member must represent the department and be appointed by the executive director.
(XII) One member must be an individual with professional expertise in school security and be appointed by the executive director.
(XIII) One member must be a law enforcement professional and be appointed by the executive director.
(XIV) One member must be a school resource officer, as defined in section 22-32-109.1 (1), and be appointed by the executive director in consultation with a statewide association representing school resource officers.
(b) The appointing authority of each member of the advisory board shall appoint the member on or before October 1, 2008, and reappoint the member or appoint a new member no later than one month before the expiration of the member's term.
(c) Additional advisory board members may be added to the advisory board as necessary subject to:
(I) The approval of the executive director; and
(II) A majority vote of approval by the existing advisory board members.
(3) If any member of the advisory board vacates the member's office during the term for which the member was appointed to the advisory board, the vacancy must be filled by appointment by the executive director for the unexpired term.
(4) The advisory board shall annually elect from its members a chairperson and a secretary.
(5) The advisory board shall meet as determined necessary by the director. The members of the advisory board shall receive no compensation but shall be reimbursed by the department for necessary travel and other expenses actually incurred in the performance of the members' official duties.
Source: L. 2025: Entire section added with relocations, (HB 25-1173), ch. 67, p. 286, § 2, effective April 10.
Editor's note: This section is similar to former § 24-33.5-1804 as it existed prior to 2025.
24-33.5-2706. Trauma-informed practices for school safety drills - work group - creation - purpose - membership - notice to revisor of statutes - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Parent means a parent, legal guardian, or any other person having legal custody of a student.
(b) School safety drill means an operations-based exercise that is designed to prepare students and school personnel to respond to specific emergencies in an effort to reinforce safety protocols, nurture readiness, and reduce panic during a school safety incident.
(c) School safety incident means an event that occurs on school grounds that puts property or the health, safety, or well-being of students, school staff, or visitors in danger and requires an immediate response.
(d) Trauma-informed practices means a systematic approach that recognizes the prevalence of adverse and traumatic experiences of school safety drills and equips school personnel with knowledge to recognize trauma and strategies to support students and school personnel who experience trauma.
(2) [Editor's note: Subsection (2) is effective (see editor's note following this section).] On or before September 1, 2025, the office shall convene and oversee a work group as described in this section. The purpose of the work group is to develop best practices for the use of trauma-informed practices to conduct school safety drills.
(3) The work group must be funded entirely by gifts, grants, and donations, including in-kind donations as part of a public-private partnership agreement, and no additional general fund money shall be appropriated for the implementation of the work group.
(4) [Editor's note: Subsection (4) is effective (see editor's note following this section).] The work group shall obtain input from parents and students who reflect the diversity of the state with regard to race, ethnicity, socioeconomic status, geography, and disability.
(5) [Editor's note: Subsection (5) is effective (see editor's note following this section).]
(a) (I) The work group consists of the following nonvoting members:
(A) A representative from the department of public safety, appointed by the executive director, or the executive director's designee;
(B) A representative from the office, appointed by the director, or the director's designee;
(C) A representative from the office of gun violence prevention created in section 25-20.5-1202, appointed by the executive director of the department of public health and environment;
(D) The commissioner of the department of education, or the commissioner's designee; and
(E) A student who attends a Colorado public school, appointed by the governor, on the advice of a statewide student coalition;
(II) The work group consists of the following voting members:
(A) A school district superintendent who represents either a rural or suburban school district, appointed by the president of the senate, on the advice of a statewide association that represents superintendents of public schools;
(B) Two school principals, one of whom must represent either a district charter school, as defined in section 22-30.5-112.1, or an institute charter school, as defined in section 22-30.5-502, each appointed by the minority leader of the house of representatives, on the advice of a statewide association that represents school administrators;
(C) Two teachers, one of whom must represent an urban school district, appointed by the president of the senate, on the advice of a statewide professional association that represents the greatest proportion of educators in the state, and one of whom must represent a rural school district, appointed by the speaker of the house of representatives, on the advice of a statewide organization that represents only rural school districts;
(D) A school nurse, appointed by the minority leader of the house of representatives, on the advice of a statewide professional association that represents school nurses;
(E) A child development professional, appointed by the minority leader of the senate, on the advice of a statewide organization comprised of medical professionals boarded or certified in pediatrics;
(F) A behavioral health professional, appointed by the behavioral health commissioner;
(G) A professional specializing in trauma-informed practices, appointed by the office;
(H) A school resource officer with experience in rural or urban school settings, appointed by the minority leader of the senate, on the advice of a statewide association of county sheriffs;
(I) A professional expert in public health or school safety, appointed by executive director of the department of public health and environment;
(J) A representative from the fire and life safety section of the division of fire prevention and control, appointed by the director of the division of fire prevention and control;
(K) A parent of a student currently attending a Colorado public school, appointed by the speaker of the house of representatives, on the advice of a statewide parent organization that focuses on education policy; and
(L) An at-large member, appointed by the governor.
(b) The appointing authorities shall appoint the members of the work group as soon as possible after the effective date of this subsection (5) but no later than twenty-eight days after the effective date of this subsection (5).
(c) Any vacancy occurring in the membership of the work group must be filled in the same manner as the original appointment.
(d) A majority of the members appointed to the work group constitutes a quorum. If the work group is unable to reach a quorum due to unforeseen circumstances, the work group may proceed with a reduced quorum of no fewer than six voting members.
(e) The chairperson of the work group shall convene the first meeting of the work group no later than fifty-six days after the effective date of this section. The work group shall meet at least four times during the first six months of its operation and at least three times during the second six months of its operation. The work group shall establish procedures to allow members of the work group to participate in the meetings remotely.
(f) The members of the work group serve without compensation but may be reimbursed for expenses directly relating to their service on the work group.
(g) Upon the request of the chairperson of the work group, the office shall provide staff assistance, meeting space, or audio-visual communication technology resources to the work group as necessary for the performance of its duties.
(6) [Editor's note: Subsection (6) is effective (see editor's note following this section).] The work group shall:
(a) Identify the intended outcomes of the trauma-informed practices;
(b) Identify best practices for incorporating trauma-informed practices into school safety drills to respond to different types of school safety incidents;
(c) Use the best practices identified in subsection (6)(b) of this section to determine how to best implement trauma-informed practices for schools to:
(I) Plan and execute different types of school safety drills;
(II) Immediately respond to a school safety incident; and
(III) Best respond to students who have an emotional reaction as a result of school safety drills;
(d) Determine the skills and knowledge necessary to train school personnel to adequately implement and use trauma-informed practices when conducting school safety drills;
(e) Determine the necessary frequency of school personnel training to ensure the adequate use of trauma-informed practices during school safety drills;
(f) Determine the necessary frequency of school safety drills to adequately prepare students and school personnel for school safety incidents;
(g) Determine the amount of advance notice given to parents before conducting a school safety drill;
(h) Provide guidance for parents on talking to students about school safety drills;
(i) Identify state and local resources needed to support schools in implementing trauma-informed practices for conducting school safety drills; and
(j) Identify possible funding sources to support schools in incorporating trauma-informed practices into school safety drills to respond to different types of school safety incidents.
(7) [Editor's note: Subsection (7) is effective (see editor's note following this section).] The work group shall create a report containing findings and recommendations created pursuant to subsection (6) of this section. The report must account for the different needs of elementary and secondary schools.
(8) [Editor's note: Subsection (8) is effective (see editor's note following this section).] No later than one year and one month after the effective date of this subsection (8), the work group must submit a report containing the findings and recommendations developed pursuant to subsection (7) of this section to the office and to the education committees of the house of representatives and the senate, or any successor committees; the governor; the state board; the commissioner of education; and the department of education. The department of education shall submit the report to the general assembly as part of its SMART Act presentation required by section 2-7-203.
(9) [Editor's note: Subsection (9) is effective (see editor's note following this section).]
(a) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The office shall transmit all money received through gifts, grants, or donations to the state treasurer.
(b) The office may enter into a public-private partnership agreement to carry out the requirements of this section. For purposes of this section, if the office enters into a public-private partnership agreement, the public-private partnership agreement is considered an in-kind donation that counts as a gift, grant, or donation in the monetary amount that correlates with the value of the contract.
(10) (a) If by June 30, 2027, subsections (2), (4), (5), (6), (7), (8), and (9) of this section have not taken effect, the state treasurer shall transfer all money received for purposes of implementing this section to the state education fund created in section 17 (4) of article IX of the state constitution.
(b) If subsections (2), (4), (5), (6), (7), (8), and (9) of this section take effect pursuant to subsection (11)(a) of this section, on the day prior to the repeal of this section or one year later pursuant to subsection (11)(b) of this section, the state treasurer shall transfer all unexpended and unencumbered money received for purposes of implementing this section to the state education fund created in section 17 (4) of article IX of the state constitution.
(11) (a) Subsections (2), (4), (5), (6), (7), (8), and (9) of this section take effect if the office receives fifty thousand dollars of gifts, grants, or donations for the purpose of this section or if the office receives an in-kind donation as part of a public-private partnership agreement for which the value is equal to fifty thousand dollars. The office shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection (11)(a) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. Subsections (2), (4), (5), (6), (7), (8), and (9) of this section take effect upon the date identified in the notice that the commission has received fifty thousand dollars of gifts, grants, or donations, or an in-kind donation as part of a public-private partnership agreement for which the value is equal to fifty thousand dollars, for the purposes of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
(b) This section is repealed, effective July 1, 2027; except that, if the revisor of statutes receives notice pursuant to this section, then this section is repealed, effective one year after the requirements of subsection (7) of this section are satisfied.
Source: L. 2025: Entire section added, (SB 25-027), ch. 363, p. 1969, § 2, effective August 6.
Editor's note: Subsection (11) provides that subsections (2), (4), (5), (6), (7), (8), and (9) will take effect if the office receives fifty thousand dollars of gifts, grants, or donations for the purpose of this section or if the office receives an in-kind donation as part of a public-private partnership agreement for which the value is equal to fifty thousand dollars and the office notifies the revisor of statutes. Subsections (2), (4), (5), (6), (7), (8), and (9) take effect upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. As of publication date, the revisor of statutes has not received the notice referred to in this section.
Cross references: For the legislative declaration in SB 25-027, see section 1 of chapter 363, Session Laws of Colorado 2025.
PART 28
DEFLECTION AND COMMUNITY INVESTMENT
GRANT PROGRAM
24-33.5-2801. Short title. The short title of this part 28 is the Deflection and Community Investment Grant Program Act.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1938, § 8, effective July 1.
24-33.5-2802. Definitions. As used in this part 28, unless the context otherwise requires:
(1) Area of high need means:
(a) A city or zip code with rates of youth arrest or citation that are higher than the surrounding county average, based on available data; or
(b) A city or zip code in a rural or urban community where there is a disparity between the racial or ethnic composition of the arrested or cited youth population and the racial or ethnic composition of the surrounding county population.
(2) Deflection means an extrajudicial response to a youth's conduct that is designed to prevent the youth's formal involvement or further involvement in the justice system.
(3) Deflection program means a program that promotes positive youth development by relying on deflection and aims to divert youth from justice system involvement at the earliest possible point.
(4) Eligible applicant means an eligible tribal government, tribal organization, or nonprofit community-based organization that meets the requirements of section 24-33.5-2805.
(5) Grant program means the deflection and community investment grant program created in section 24-33.5-2803.
(6) Grant recipient means an eligible applicant that the office selects to receive money through the grant program.
(7) Mixed-delivery system means a system of adolescent development and education support services delivered through a combination of programs, providers, and settings that include partnerships between community-based nonprofit organizations and public agencies and that is supported with a combination of public and private funds.
(8) Nonprofit organization means a tax-exempt charitable or social welfare organization operating pursuant to 26 U.S.C. sec. 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code of 1986.
(9) Office means the office within the division of criminal justice that focuses on adult and juvenile justice assistance.
(10) Referring agency means an organization, agency, or department that refers youth to deflection programs, including, but not limited to, an education, law enforcement, behavioral health, or public health entity.
(11) Trauma-informed means an approach that involves an understanding of adverse childhood experiences and that responds to symptoms of chronic interpersonal trauma and traumatic stress across the lifespan of an individual.
(12) Youth means a child, as defined in section 19-2.5-102, who is subject to:
(a) A juvenile court's jurisdiction pursuant to section 19-2.5-103;
(b) A county court's concurrent jurisdiction pursuant to section 19-2.5-103;
(c) A county court's jurisdiction for a traffic offense; or
(d) A municipal court's jurisdiction.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1938, § 8, effective July 1.
24-33.5-2803. Deflection and community investment grant program - created - policies. (1) The deflection and community investment grant program is created in the office within the division of criminal justice. The purpose of the three-year competitive grant program is to provide grants to eligible applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth.
(2) The office shall administer the grant program and, subject to available appropriations, shall award grants as provided in this part 28.
(3) Subject to public comment from directly impacted stakeholders, the department may adopt policies for the administration of the grant program.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1939, § 8, effective July 1.
24-33.5-2804. Office duties. (1) The office has the following duties:
(a) Develop a competitive application process, including deadlines, for an eligible applicant to apply for a grant consistent with the requirements of section 24-33.5-2805. Initial grant awards must be distributed no later than June 30, 2026.
(b) Contract with a technical assistance provider pursuant to section 24-33.5-2806 and a research and evaluation partner pursuant to section 24-33.5-2807; and
(c) Support grantee data collection and analysis and require grantees to demonstrate outcomes of the deflection programs that received a grant award.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1940, § 8, effective July 1.
24-33.5-2805. Application - eligibility - awards. (1) To receive a grant, an applicant must submit an application to the office in accordance with any policies adopted by the executive director of the department. At a minimum, the application must include the following information:
(a) The types of deflection services that will be provided;
(b) Verification that the applicant is serving an area of high need; and
(c) An official letter from at least one referring agency demonstrating the agency's intent to refer youth to the deflection program to provide the youth with trauma-informed health and development services in lieu of warning, citation, or arrest. For regional applications described in subsection (2)(c) of this section, letters of intent are required for each jurisdiction proposed in the application.
(2) (a) To be eligible to receive a grant, an applicant must be:
(I) A nonprofit organization;
(II) A federally recognized Indian tribe, as defined in 25 U.S.C. sec. 1603 (14);
(III) A tribal organization, as defined in 25 U.S.C. sec. 1603 (26);
(IV) An urban Indian organization, as defined in 25 U.S.C. sec. 1603 (29); or
(V) A private entity whose board of directors is majority controlled by Native Americans and that is fiscally sponsored by a nonprofit organization.
(b) To be eligible to receive a grant, an applicant must be a nongovernmental entity, with the exception of a tribal government applicant, and must not be a law enforcement or probation entity.
(c) Applicants from two or more local jurisdictions may jointly apply for a grant award to deliver deflection program services on a regional basis and may receive a joint grant award that is the aggregate of the amount each individual eligible applicant would have received had each individual eligible applicant applied independently.
(3) The office shall review the applications received pursuant to this section. In awarding grants, the office shall give priority to eligible applicants in communities, including rural communities, that:
(a) Deflect youth at the earliest possible point of justice system involvement;
(b) Serve otherwise under-resourced communities;
(c) Employ individuals who have lived experience as a youth in the justice system; or
(d) Demonstrate experience effectively serving youth populations who are justice-system-involved or at risk of system involvement.
(4) Subject to available appropriations, on or before June 30 each year of the grant program, the office shall distribute grants as provided in this section. The office shall award at least two hundred thousand dollars but not more than one million dollars to an individual grantee over the course of the three-year grant program.
(5) (a) A grantee shall use a grant award to deliver deflection program services in areas of high need. A grantee shall provide deflection services that are evidence-based, research-supported, or grounded in practice-based evidence; trauma-informed; culturally relevant; gender-responsive; and developmentally appropriate.
(b) A grantee shall deliver one or more of the following deflection program services:
(I) Educational services, including remedial and college preparatory academic services;
(II) Career development services, including employment preparation, vocational training, internships, and apprenticeships;
(III) Restorative justice services, including culturally rooted programming;
(IV) Mentoring services, including services that rely on credible messengers whose lived experience is similar to the experience of the youth being served;
(V) Mental health services, including culturally rooted healing practices;
(VI) Behavioral health services, including substance use education and treatment;
(VII) Housing services, including permanent, short-term, and emergency housing services;
(VIII) Personal development and leadership training services; or
(IX) Prosocial activities, including cultural enrichment programs and services.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1940, § 8, effective July 1.
24-33.5-2806. Technical assistance provider. (1) The office shall contract with a technical assistance provider to support implementation of the grant program and to build grantee capacity to deliver deflection program services. Prior to developing and disseminating grant program application materials, the office shall solicit and receive input from the contracted technical assistance provider in developing the grant program application materials. In selecting a technical assistance provider, the office shall prioritize organizations that employ people who have lived experience as a youth in the justice system.
(2) The technical assistance provider shall demonstrate experience in all the following areas:
(a) Developmental research and identifying best practices for serving youth involved in, and youth at risk of involvement in, the justice system, including children who have experienced commercial sexual exploitation and youth in the dependency system;
(b) Research on systems that refer youth to the justice system, including the education, immigration, and child welfare systems, and research on best practices for referrals;
(c) Presenting and disseminating best practices on alternatives to incarceration and justice system involvement;
(d) Working with and supporting community-based organizations serving youth involved in, and youth at risk of involvement in, the justice system in Colorado;
(e) Collaborating with justice system stakeholders;
(f) Working with and supporting Native American organizations and communities; and
(g) Working with justice-system-involved youth and communities and elevating youth leadership.
(3) The technical assistance provider shall:
(a) Provide input to the office regarding the development of the grant program's grant application materials;
(b) Support grantees in establishing and maintaining relationships with justice system and community stakeholders, including public agencies, tribal governments and communities, nonprofit organizations, and youth and families most impacted by the justice system;
(c) Provide grantees with training and support in implementing best practices and trauma-informed, culturally relevant, gender-responsive, and developmentally appropriate approaches to serving youth;
(d) Create peer learning opportunities for grantees to learn from and alongside one another;
(e) In collaboration with the research and evaluation partner selected pursuant to section 24-33.5-2807, provide grantees with administrative and technical support to support compliance with applicable data reporting and program evaluation requirements, and with applicable laws, including laws around confidentiality and deflection eligibility; and
(f) Provide the research and evaluation partner selected pursuant to section 24-33.5-2807 with input regarding the development of deflection program evaluation processes and metrics.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1942, § 8, effective July 1.
24-33.5-2807. Evaluation - reporting requirements. (1) The office shall contract with a research and evaluation partner to conduct a statewide evaluation of the grant program and associated youth outcomes over the three-year grant period. The office shall solicit and receive input from the contracted research and evaluation partner in developing the grant program application materials. The research and evaluation partner must have a demonstrated commitment to working with communities impacted by the justice system.
(2) The research and evaluation partner shall:
(a) Develop a common assessment instrument for use by grantees to assess the outcomes and impact of services provided to youth;
(b) Design a central data repository to standardize grantee data collection and reporting; and
(c) Support grantees with using the common assessment instrument and the central data repository.
(3) The office shall provide the research and evaluation partner with relevant, existing data for the purposes of measuring outcomes. Measured outcomes may include, but are not limited to:
(a) Reductions in law enforcement responses to youth conduct involving low-level offenses, court caseloads and processing costs, days youth spent in detention, placement of youth in congregate care, and school and placement disruptions;
(b) Reductions in the number of school suspensions and expulsions;
(c) Improvements in youth health and well-being, housing and community stability, educational attainment, prosocial activity, and connections to employment opportunities and mentorship; and
(d) Projected state and local cost savings as a result of the deflection programming.
(4) The office shall make available on its website a report of grantees, projects, and outcomes at the state and local levels within one hundred eighty days of completion of the grant program.
(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before December 31, 2026, and each December 31 thereafter for the duration of the grant program, the office shall submit a report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, about the grant program. At a minimum, the report must include the number and amount of grants awarded since the last report and a summary of information concerning the impact of the mixed delivery system of deflection programs for youth, including Native American youth.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1943, § 8, effective July 1.
24-33.5-2808. No disclosure of participant records. Records related to the participation of a youth or a youth's family in the deflection program pursuant to this part 28 are not subject to disclosure to a prosecuting attorney.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1944, § 8, effective July 1.
24-33.5-2809. Funding for grant program. (1) The general assembly shall annually appropriate the necessary funds to the department for use by the office for the purposes of this part 28.
(2) The office may use up to twenty-three and one-half percent of the money annually appropriated, as follows:
(a) Up to three percent of the money annually appropriated pursuant to subsection (1) of this section to pay for the direct and indirect costs that the office incurs to administer the grant program;
(b) Up to three percent of the money annually appropriated pursuant to subsection (1) of this section to contract with a research and evaluation partner and the office's own grant program evaluation-related costs;
(c) Up to seven and one-half percent of the money annually appropriated pursuant to subsection (1) of this section to contract with a technical assistance provider and the office's own technical assistance-related costs in connection with the grant program; and
(d) Up to ten percent of the money annually appropriated pursuant to subsection (1) of this section for grant awards to deflection programs targeting Native American youth.
(3) The office may use the remaining money annually appropriated for the grant program for grant awards to youth deflection programs.
(4) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 28.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1944, § 8, effective July 1.
24-33.5-2810. Repeal of part. This part 28 is repealed, effective January 1, 2031.
Source: L. 2025: Entire part added, (HB 25-1146), ch. 358, p. 1945, § 8, effective July 1.
ARTICLE 34
Department of Regulatory Agencies
PART 1
ORGANIZATION
24-34-101. Department created - executive director. (1) (a) There is hereby created the department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the Administrative Organization Act of 1968. The department of regulatory agencies shall be organized as provided in the Administrative Organization Act of 1968; but nothing in this part 1 shall be construed to prevent the establishment, combination, or abolition of divisions, sections, or units other than those created by law.
(b) Repealed.
(2) The executive director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department of regulatory agencies and divisions thereof.
(3) Publications by the executive director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
(4) Repealed.
(5) The executive director of the department of regulatory agencies may enter into contracts pursuant to part 5 of article 50 of this title for the purpose of decreasing appropriations in the annual general appropriation act.
(6) The executive director of the department of regulatory agencies may contract, pursuant to part 5 of article 50 of this title, with a person having the technical or subject matter expertise or the skill and experience to develop, implement, and administer the licensing and examination functions of the divisions in the department when the executive director determines that a division lacks sufficient technical expertise to perform such licensing and examination functions.
(7) A contract entered into pursuant to this section may authorize a contractor to collect fees directly from an applicant. The contract may allow the contractor to retain all or a portion of the fees as payment for performance of the services under the contract. Fees collected and retained by the contractor shall not be subject to the provisions of article 36 of this title.
(8) This section shall not be construed to limit the powers of any type 1 board or commission in the department of regulatory agencies.
(9) The executive director shall have the authority to accept and expend gifts, grants, and donations for the purposes of implementing and administering the provisions of section 24-4-103 (2.5).
(10) The executive director may contract pursuant to part 5 of article 50 of this title with a person, corporation, or entity having technical or subject matter expertise or skill and experience to develop, implement, and administer the licensing and examination functions of the division of professions and occupations when the executive director determines that the division of professions and occupations is without sufficient technical expertise to perform such licensing and examination functions.
(11) The executive director may contract pursuant to part 5 of article 50 of this title with a person, corporation, or entity for the purpose of decreasing the appropriations for the division of professions and occupations in the annual general appropriations act.
(12) A contract entered into pursuant to subsection (10) or (11) of this section may authorize a contractor to collect fees directly from an applicant. The contractor may retain all or a portion of the fees designated as payment for performance of the functions under the contract. All fees collected and retained by the contractor shall not be subject to the provisions of article 36 of this title.
(13) The executive director shall include in the presentation to the legislative committee of reference pursuant to section 2-7-203, C.R.S., the number of confidential letters of concern issued in the twelve months prior to the presentation by the director of the division of professions and occupations and any board pursuant to title 12, C.R.S.
(14) In conjunction with the efforts of the office of information technology regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the executive director of the department of regulatory agencies or the director's designee shall consider secure encryption methods, especially distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security, especially to secure business ownership and stock ledger ownership data that might be potential high-risk targets for corporate cyber theft and transaction falsification. The considerations for distributed ledger technologies shall include best practice attempts to maintain privacy of personally identifying information of the distributed user base while utilizing the visibility of distributed transactions.
Source: L. 68: p. 117, § 107. C.R.S. 1963: § 3-27-1. L. 71: p. 103, § 4. L. 83: (2) and (3) amended, p. 836, § 47, effective July 1. L. 86: (1) amended, p. 887, § 16, effective May 23. L. 88: (4) added, p. 454, § 2, effective April 27. L. 2000: (1) amended, p. 1947, § 3, effective July 1; (2) amended, p. 1549, § 16, effective August 2. L. 2002: (1)(b) repealed, p. 374, § 6, effective July 1. L. 2004: (5) to (8) added, p. 1252, § 1, effective May 27; (9) to (12) added, p. 1863, § 122, effective August 4. L. 2006: (13) added, p. 820, § 44, effective July 1. L. 2010: (13) amended, (HB 10-1119), ch. 340, p. 1572, § 6, effective August 11. L. 2018: (14) added, (SB 18-086), ch. 319, p. 1919, § 5, effective May 30.
Editor's note: (1) Subsection (4) provided for the repeal of subsection (4), effective July 1, 1995. (See L. 88, p. 454.)
(2) Subsections (9), (10), (11), and (12) were originally numbered as subsections (5), (6), (7), and (8), respectively, in Senate Bill 04-024 but have been renumbered on revision for ease of location.
Cross references: (1) For the Administrative Organization Act of 1968, see article 1 of this title.
(2) In 2010, subsection (13) was amended by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. For the short title, see section 1 of chapter 340, Session Laws of Colorado 2010.
24-34-102. Division of professions and occupations - creation - duties of division and department heads - license renewal, reinstatement, and endorsement - definitions - rules - review of functions. (Repealed)
Source: L. 68: p. 118, § 107. C.R.S. 1963: § 3-27-2. L. 70: p. 103, § 1. L. 73: pp. 183, 184, 186, 1365, §§ 1, 1, 1, 3. L. 76: (12) amended, p. 615, § 1, effective February 20; (9) amended, p. 613, § 1, effective May 7; (12) amended, p. 586, § 20, effective May 24. L. 78: (12) amended, p. 266, § 68, effective May 23. L. 79: (1) to (4) amended, p. 913, § 1, effective May 25; (7) amended, p. 915, § 1, effective May 25; (13) added, p. 907, § 1, effective July 1. L. 80: (1) amended, p. 795, § 52, effective June 5. L. 81: (5) and (6) amended, p. 1291, § 18, effective January 1. L. 86: (13) amended, p. 928, § 1, effective May 23. L. 87: (12) amended, p. 964, § 68, effective March 13. L. 95: (12) amended, p. 653, § 69, effective July 1. L. 96: (5) and (6) amended, p. 1524, § 71, effective June 1. L. 98: (14) added, p. 1155, § 25, effective July 1. L. 2000: (14)(a) amended, p. 859, § 74, effective May 24. L. 2001: (14) amended, p. 442, § 2, effective August 15. L. 2004: (14)(e)(I)(A) amended, p. 918, § 24, effective July 1; (8) amended, p. 1860, § 120, effective August 4. L. 2006: (4.5) added, p. 1564, § 4, effective June 2. L. 2007: (14) amended, p. 2036, § 55, effective June 1. L. 2008: (2.5) added, p. 1018, § 8, effective July 1; (14) repealed, p. 425, § 22, effective August 5. L. 2010: (2.5) repealed, (HB 10-1128), ch. 172, p. 616, § 15, effective April 29; (8)(e) added, (HB 10-1175), ch. 46, p. 176, § 7, effective July 1, 2011. L. 2011: (8.5) added, (HB 11-1100), ch. 161, p. 557, § 1, effective January 1, 2012. L. 2012: (1), (2), (3), (7), (8)(a), (8)(c), (9), (10), (12), and (13) amended and (15) and (16) added, (HB 12-1055), ch. 47, p. 171, § 1, effective August 8; (8.7) added, (HB 12-1263), ch. 233, p. 1023, § 2, effective August 8. L. 2013: (8.7) amended, (SB 13-123), ch. 289, p. 1541, § 4, effective May 24. L. 2014: IP(8)(d) amended, (HB 14-1183), ch. 68, p. 294, § 1, effective March 27; IP(8)(d) amended, (SB 14-208), ch. 318, p. 1395, § 1, effective May 31. L. 2016: (15) amended, (HB 16-1192), ch. 83, p. 234, § 17, effective April 14. L. 2018: (4.5) repealed, (SB 18-027), ch. 1, p. 22, § 6, effective January 18. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to §§ 12-20-103, 12-20-202, and 12-20-401 in 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this section, see the comparative tables located in the back of the index.
24-34-103. Procedures for complaints concerning licensees. (Repealed)
Source: L. 75: Entire section added, p. 814, § 1, effective June 13. L. 76: Entire section R&RE, p. 613, § 2, effective May 7. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-20-401 in 2019.
24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.
(b) It is the intent of the general assembly that the system set forth in this section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.
(2) (a) The divisions in the department of regulatory agencies, the boards and agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.
(b) Upon repeal, an agency continues in existence, or, in the case of the repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.
(c) As used in this section, unless the context otherwise requires, agency includes a division or board within an agency that is subject to review pursuant to this section.
(3) If the state constitution imposes powers, duties, or functions on an agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.
(4) The existence of a newly created agency or function in the department of regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).
(5) (a) The department of regulatory agencies shall analyze and evaluate the performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.
(b) The department of regulatory agencies shall submit its report to the office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).
(c) This subsection (5) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.
(6) (a) Before the repeal, continuation, or reestablishment of an agency or function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.
(b) In the hearings, the determination as to whether an agency has demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:
(I) Whether regulation or program administration by the agency is necessary to protect the public health, safety, and welfare;
(II) Whether the conditions that led to the initial creation of the program have changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;
(III) If the program is necessary, whether the existing statutes and regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;
(IV) If the program is necessary, whether agency rules enhance the public interest and are within the scope of legislative intent;
(V) Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;
(VI) Whether an analysis of agency operations indicates that the agency or the agency's board or commission performs its statutory duties efficiently and effectively;
(VII) Whether the composition of the agency's board or commission adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;
(VIII) Whether regulatory oversight can be achieved through a director model;
(IX) The economic impact of the program and, if national economic information is not available, whether the agency stimulates or restricts competition;
(X) If reviewing a regulatory program, whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;
(XI) If reviewing a regulatory program, whether the scope of practice of the regulated occupation contributes to the optimum use of personnel;
(XII) Whether entry requirements encourage equity, diversity, and inclusivity;
(XIII) If reviewing a regulatory program, whether the agency, through its licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.
(XIV) Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest.
(c) A legislative committee of reference that conducts a review pursuant to paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.
(d) (I) If a legislative committee of reference recommends a bill for consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:
(A) To one or more of the members of the committee of reference; or
(B) To one or more of the members of the general assembly who are not members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.
(II) A member of the general assembly may not sponsor more than two bills introduced pursuant to this subsection (6) in a single legislative session.
(III) After consulting with the minority leader of the house of representatives and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:
(A) The speaker of the house of representatives shall assign the proposed bill to a representative for sponsorship in the house of representatives in odd-numbered years; and
(B) The president of the senate shall assign the proposed bill to a senator for sponsorship in the senate in even-numbered years.
(e) A bill recommended for consideration by a committee of reference pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.
(f) Before the repeal, continuation, reestablishment, or revision of an agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).
(7) (a) Pursuant to the process established in this section, a committee of reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.
(b) This section shall not cause the dismissal of a claim or right of a person through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.
(c) This section does not affect the general assembly's authority to otherwise consider legislation affecting a division, board, agency, or similar body.
(8) If an agency or function repeals pursuant to the provisions of this section and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.
(9) The purpose of this section is to provide a listing of the divisions, boards, agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.
(10) to (24) Repealed.
(25) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024:
(I) to (VI) Repealed.
(VII) The evidential breath-testing cash fund created in section 42-4-1301.1 (9);
(VIII) to (XII) Repealed.
(XIII) (Deleted by amendment, L. 2024).
(XIV) to (XX) Repealed.
(XXI) The harm reduction grant program created in section 25-20.5-1101.
(XXII) Repealed.
(b) This subsection (25) is repealed, effective September 1, 2026.
(26) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:
(I) to (IX) Repealed.
(X) Reserved.
(XI) to (XIII) Repealed.
(b) This subsection (26) is repealed, effective September 1, 2027.
(27) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2026:
(I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;
(II) The division of securities created in section 11-51-701, C.R.S.;
(III) The securities board created in section 11-51-702.5, C.R.S.;
(IV) The registration and regulation of vessels by the department of natural resources in accordance with article 13 of title 33, C.R.S.;
(V) The office of combative sports, including the Colorado combative sports commission, created in article 110 of title 12;
(VI) The division of real estate, including the real estate commission, created in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;
(VII) The regulation of professional cash-bail agents and cash-bonding agents in accordance with article 23 of title 10;
(VIII) The Colorado podiatry board created in article 290 of title 12;
(IX) The biomass utilization grant program implemented by the state forest service pursuant to section 23-31-317;
(X) The cold case task force created in section 24-33.5-109;
(XI) The record-keeping, licensing, and central registry functions of the behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;
(XII) The licensing of pet animal facilities by the commissioner of agriculture in accordance with article 80 of title 35;
(XIII) The fire suppression programs of the division of fire prevention and control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;
(XIV) The Colorado medical board created in article 240 of title 12;
(XV) The regulation of dialysis treatment clinics and hemodialysis technicians in accordance with section 25-1.5-108;
(XVI) The Colorado public utilities commission created in article 2 of title 40;
(XVII) The legal requirements pertaining to home warranty service contracts under part 9 of article 10 of title 12.
(XVIII) and (XIX) Repealed.
(b) This subsection (27) is repealed, effective September 1, 2028.
(28) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2027:
(I) The regulation of motor vehicle and powersports vehicle sales by the motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;
(II) The Colorado civil rights division, including the Colorado civil rights commission, created in part 3 of this article 34;
(III) The state board of nursing created in article 255 of title 12;
(IV) The state board of nursing created in article 255 of title 12 and the functions of the board, including the functions related to the certification of nurse aides;
(V) The regulation of radon professionals licensed in accordance with article 165 of title 12;
(VI) The justice reinvestment crime prevention initiative created in section 24-32-120;
(VII) The use of digital number plates by the owner of a registered vehicle pursuant to section 42-3-201 (8);
(VIII) The domestic violence offender management board created in section 16-11.8-103;
(IX) The certification of persons in connection with the control of asbestos in accordance with part 5 of article 7 of title 25;
(X) The wildfire mitigation incentives for local government grant program created in section 23-31-318 (2).
(b) This subsection (28) is repealed, effective September 1, 2029.
(29) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2028:
(I) The licensing of landscape architects in accordance with article 130 of title 12;
(II) The administration of the Colorado Fair Debt Collection Practices Act by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;
(III) The issuance of licenses and certificates related to measurement standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;
(IV) The functions of the underground damage prevention safety commission related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;
(V) The functions of the commissioner of agriculture related to seed potatoes under article 27.3 of title 35;
(VI) In-home support services established in part 12 of article 6 of title 25.5;
(VII) The licensing of river outfitters through the parks and wildlife commission and the division of parks and wildlife in accordance with article 32 of title 33;
(VIII) The functions of the department of public health and environment relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;
(IX) The medical marijuana program created in section 25-1.5-106;
(X) and (XI) Repealed.
(XII) The Colorado Marijuana Code, article 10 of title 44;
(XIII) The administration of the Michael Skolnik Medical Transparency Act of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;
(XIV) The registration of surgical assistants and surgical technologists pursuant to article 310 of title 12;
(XV) The registration of direct-entry midwives by the division of professions and occupations in accordance with article 225 of title 12;
(XVI) Notwithstanding subsection (7)(a) of this section, the office of the utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;
(XVII) The community crime victims grant program created in section 25-20.5-801;
(XVIII) The grant program to provide funding to eligible community-based organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);
(XIX) The regulation of nursing home administrators by the board of examiners of nursing home administrators in accordance with article 265 of title 12;
(XX) The sex offender management board created in section 16-11.7-103.
(b) This subsection (29) is repealed, effective September 1, 2030.
(30) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2029:
(I) The automobile theft prevention authority and the automobile theft prevention board created in section 42-5-112;
(II) The licensing of mortgage loan originators and the registration of mortgage companies in accordance with part 7 of article 10 of title 12;
(III) The regulation of persons working in coal mines by the department of natural resources through the coal mine board of examiners in accordance with article 22 of title 34;
(IV) The Colorado state board of chiropractic examiners created in article 215 of title 12;
(V) The registration of naturopathic doctors in accordance with article 250 of title 12;
(VI) Notwithstanding subsection (7)(a) of this section, the functions of the boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;
(VII) The regulation of preneed funeral contracts in accordance with article 15 of title 10;
(VIII) The direct care workforce stabilization board created in article 7.5 of title 8;
(IX) The assistance program for disability benefits under article 88 of title 8;
(X) The functions of the director of the division of professions and occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.
(b) This subsection (30) is repealed, effective September 1, 2031.
(31) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2030:
(I) The functions of the division of insurance in the department of regulatory agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;
(II) The state board of accountancy created in article 100 of title 12;
(III) The passenger tramway safety board created in section 12-150-104;
(IV) The functions of professional review committees specified in article 30 of title 12;
(V) The licensing of occupational therapists and occupational therapy assistants in accordance with article 270 of title 12;
(VI) The state board of pharmacy and the regulation of the practice of pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;
(VII) The functions of the circular economy development center created in section 25-17-602;
(VIII) Human trafficking prevention training pursuant to section 24-33.5-523;
(IX) The veterans one-stop center, known as the western region one source, established pursuant to section 28-5-713;
(X) The Colorado produced water consortium created in section 34-60-135 (2)(a);
(XI) The functions of the banking board and the state bank commissioner related to money transmitters specified in article 110 of title 11;
(XII) The functions of the broadband office in administering the broadband deployment grant program created in section 24-37.5-905;
(XIII) The regulation of towing carriers by the public utilities commission under part 4 of article 10.1 of title 40;
(XIV) The HOA information and resource center created in section 12-10-801;
(XV) The rural alcohol and substance abuse prevention and treatment program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;
(XVI) The motorcycle operator safety training program created in part 5 of article 5 of title 43.
(b) This subsection (31) is repealed, effective September 1, 2032.
(32) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:
(I) The registration functions of the commissioner of agriculture specified in article 27 of title 35;
(II) The licensing of egg dealers in accordance with article 21 of title 35;
(III) The water and wastewater facility operators certification board created in section 25-9-103;
(IV) The licensing of hearing aid providers by the division of professions and occupations in accordance with article 230 of title 12;
(V) The licensing of audiologists by the division of professions and occupations in accordance with article 210 of title 12;
(VI) The regulation of athletic trainers by the director of the division of professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;
(VII) The licensure of massage therapists by the director of the division of professions and occupations in accordance with article 235 of title 12;
(VIII) The board of real estate appraisers created in part 6 of article 10 of title 12;
(IX) The regulation of conveyances and conveyance mechanics, contractors, and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;
(X) The Colorado prescription drug affordability review board created in section 10-16-1402;
(XI) The rule-making function of the executive director of the department of early childhood pursuant to section 26.5-1-105 (1);
(XII) Repealed.
(XIII) The regulation of mortuary science professionals pursuant to parts 1, 4, and 5 to 9 of article 135 of title 12;
(XIV) The veterans assistance grant program created in section 28-5-712;
(XV) The licensing of bingo and other games of chance through the secretary of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.
(b) This subsection (32) is repealed, effective September 1, 2033.
(33) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2032:
(I) The state electrical board created in article 23 of title 12;
(II) The workers' compensation classification appeals board created in article 55 of title 8;
(III) The responsible gaming grant program created in section 44-30-1702;
(IV) The regulation of the custom processing of meat animals by the department of agriculture in accordance with article 33 of title 35;
(V) The division of racing events, including the Colorado racing commission, created in article 32 of title 44;
(VI) The appointment of notaries public through the secretary of state in accordance with part 5 of article 21 of this title 24;
(VII) The Natural Medicine Health Act of 2022, article 170 of title 12;
(VIII) The Colorado Natural Medicine Code, article 50 of title 44;
(IX) The state plumbing board created in article 155 of title 12;
(X) The licensing and regulation of persons by the department of agriculture in accordance with article 36 of title 35.
(b) This subsection (33) is repealed, effective September 1, 2034.
(34) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2033:
(I) The issuance of permits for specific weather modification operations through the executive director of the department of natural resources in accordance with article 20 of title 36;
(II) The authority of the director of the division of workers' compensation to impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;
(III) The regulation of speech-language pathologists and speech-language pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;
(IV) The licensing of persons who practice acupuncture by the director of the division of professions and occupations in accordance with article 200 of title 12;
(V) The state board of veterinary medicine created in article 315 of title 12;
(VI) The state board of optometry created in article 275 of title 12;
(VII) The division of gaming created in part 2 of article 30 of title 44;
(VIII) The closed landfill remediation grant program and the closed landfill remediation grant program advisory committee created in section 30-20-124;
(IX) The regulation of nontransplant tissue banks by the director of the division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;
(X) The state board of licensure for architects, professional engineers, and professional land surveyors in the department of regulatory agencies created in section 12-120-103;
(XI) The division of financial services created in article 44 of title 11;
(XII) The division of banking and the banking board created in article 102 of title 11;
(XIII) The behavioral health first aid training program created in section 25-1.5-113.5.
(b) This subsection (34) is repealed, effective September 1, 2035.
(35) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2034:
(I) The regulation of produce safety on farms by the commissioner of agriculture in accordance with article 77 of title 35;
(II) The licensing and regulation of psychiatric technicians by the state board of nursing in accordance with article 295 of title 12;
(III) The licensing of public livestock markets in accordance with article 55 of title 35;
(IV) The air quality enterprise created by section 25-7-103.5;
(V) The regulation of the application of pesticides by the commissioner of agriculture in accordance with article 10 of title 35;
(VI) The regulation of outfitters by the director of the division of professions and occupations in accordance with article 145 of title 12;
(VII) The functions of the department of public health and environment regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;
(VIII) The Colorado dental board created in article 220 of title 12.
(b) This subsection (35) is repealed, effective September 1, 2036.
(36) (a) The following agencies, functions, or both are scheduled for repeal on September 1, 2035:
(I) The licensing and regulation of respiratory therapists by the division of professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;
(II) The functions specified in part 2 of article 19 of title 5 of the administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;
(III) The regulation of private occupational schools and their agents under article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;
(IV) The licensing of physical therapists by the physical therapy board in accordance with part 1 of article 285 of title 12;
(V) The certification of physical therapist assistants by the physical therapy board in accordance with part 2 of article 285 of title 12;
(VI) The underfunded courthouse facility cash fund commission created in part 3 of article 1 of title 13.
(b) This subsection (36) is repealed, effective September 1, 2037.
(37) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2036:
(I) The accreditation of health-care providers under the workers' compensation system in accordance with section 8-42-101 (3.5) and (3.6);
(II) The Colorado fraud investigators unit created in part 17 of article 33.5 of this title 24.
(b) This subsection (37) is repealed, effective September 1, 2038.
(38) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2037:
(I) The Colorado resiliency office created in section 24-32-121 and the functions of the office described in section 24-32-122.
(b) This subsection (38) is repealed, effective September 1, 2039.
Source: For source information prior to 2016, go to https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, § 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, § 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, § 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, § 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, § 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, § 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, § 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, § 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, § 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, § 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, § 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, § 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, § 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, § 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, § 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, § 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, § 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, § 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, § 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, § 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, § 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, § 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, § 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, § 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, § 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, § 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, § 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, § 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, § 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, § 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, § 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, § 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, § 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, § 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, § 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, § 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, §§ 3, 8, (SB17-294), ch. 264, p. 1418,§ 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, § 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, § 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, § 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, § 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, § 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, § 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, § 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, § 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, § 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, § 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, § 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, § 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, § 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, § 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, § 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, § 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, § 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, § 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, § 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, § 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, § 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, § 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, § 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, § 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, § 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, § 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, § 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, § 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, § 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, § 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, § 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, § 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, § 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, § 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, § 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, § 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, § 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, § 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, § 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, § 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, § 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, § 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, § 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, § 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, § 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, § 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, § 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, § 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, § 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, § 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, § 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, § 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, § 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, § 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, § 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, § 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, § 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, § 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, § 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, § 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, § 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, § 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, § 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, § 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, § 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, § 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, § 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, § 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, § 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, § 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, § 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, § 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, § 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, § 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, § 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, § 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, § 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, § 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, § 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, § 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, § 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, § 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, § 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, § 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, § 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, § 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, § 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, § 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, § 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, § 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, § 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, § 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, § 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, § 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, § 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, § 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, § 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, § 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, § 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, § 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, § 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, § 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, § 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, § 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, § 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, § 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, § 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, § 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, § 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, § 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, § 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, § 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, § 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, § 1, effective August 10; (23)(a)(XI) repealed, (HB22-1276), ch. 127, p. 890, § 2, effective August 10; (28)(a)(VII) added, (HB22-1162), ch. 121, p. 562, § 2, effective August 10; (31)(a)(VII) added, (HB22-1159), ch. 336, p. 2387, § 6, effective August 10; (33)(a)(III) added, (HB22-1402), ch. 402, p. 2869, § 8, effective August 10; (38) added, (HB22-1225), ch. 303, p. 2196, § 3, effective August 10; (23)(a)(IV) repealed and (34)(a)(IV) added, (HB22-1263), ch. 254, p. 1848, § 2, effective September 1; (23)(a)(V) repealed and (32)(a)(VII) added, (HB22-1226), ch. 85, p. 409, § 2, effective September 1; (6)(b) amended, (SB22-174), ch. 221, p. 1440, § 1, effective October 16. L. 2023: (24)(a)(IV) repealed and (33)(a)(VI) added, (SB23-153), ch. 212, p. 1101, § 8, effective May 17; (24)(a)(VIII) repealed and (29)(a)(XIX)added, (SB23-155), ch. 327, p. 1960, § 1, effective June 2; (24)(a)(XIII) repealed and (29)(a)(XX)added, (SB23-164), ch. 349, p. 2095, § 9, effective June 5; (31)(a)(X) added, (HB23-1242), ch. 435, p. 2565, § 3, effective June 7; (33)(a)(VII) and (33)(a)(VIII) added, (SB23-290), ch. 249, p. 1389, § 19, effective July 1; (24)(a)(I) repealed and (35)(a)(V) added,(SB23-192), ch. 350, p. 2097, § 1, effective August 7; (24)(a)(II) repealed and (33)(a)(V) added,(SB23-165), ch. 329, p. 1967, § 1, effective August 7; (24)(a)(III) repealed, (SB23-156), ch. 137, p. 580, § 1, effective August 7; (24)(a)(V) repealed and (31)(a)(IX) added,(SB23-154), ch. 129, p. 494, § 1, effective August 7; (24)(a)(VI) repealed and (33)(a)(IV)added, (SB23-152), ch. 128, p. 491; § 1, effective August 7; (24)(a)(VII) repealed and (29)(a)(XVIII)added, (SB23-157), ch. 213, p. 1103, § 2, effective August 7; (24)(a)(X) repealed and (29)(a)(XVII)added, (SB23-160), ch. 214, p. 1105, § 2, effective August 7; (24)(a)(XII) repealed and (31)(a)(VIII)added, (SB23-074), ch. 126, p. 487, § 1, effective August 7; (27)(a)(XIX) repealed and (32)(a)(X)added, (HB23-1225), ch. 162, p. 708, § 9, effective August 7; (30)(a)(VIII) added, (SB23-261), ch. 362, p. 2179, § 2, effective August 7; (34)(a)(VIII) added, (HB23-1194), ch. 225, p. 1166, § 4, effective August 7. L. 2024: (25)(a)(XIII) amended and (32)(a)(XIII) added, (SB 24-173), ch. 240, p. 1591, § 12, effective May 24; (25)(a)(XIII) amended and (30)(a)(X) added, (HB 24-1335), ch. 242, p. 1597, § 2, effective May 24; (25)(a)(XV) and (25)(a)(XVI) repealed and (32)(a)(XV) added, (HB 24-1326), ch. 420, p. 2873, § 12, effective June 5; (34)(a)(XIII) amended, (SB 24-007), ch. 401, p. 2762, § 4, effective June 5; (25)(a)(V) repealed and (33)(a)(IX) added, (HB 24-1344), ch. 343, p. 2331, § 28, effective July 1; (27)(a)(XVIII) repealed and (30)(a)(IX) added, (HB 24-1360), ch. 324, p. 2166, § 4, effective July 1; (25)(a)(I) repealed and (34)(a)(XI) added, (HB 24-1381), ch. 350, p. 2362, § 1, effective August 7; (25)(a)(II) repealed and (31)(a)(XI) added, (HB 24-1328), ch. 341, p. 2303, § 1, effective August 7; (25)(a)(III) repealed and (34)(a)(XII) added, (HB 24-1351), ch. 461, p. 3194, § 3, effective August 7; (25)(a)(IV) repealed and (34)(a)(X) added, (HB 24-1329), ch. 342, p. 2310, § 1, effective August 7; (25)(a)(VIII) repealed and (32)(a)(XIV) added, (HB 24-1273), ch. 395, p. 2721, § 1, effective August 7; (25)(a)(IX) repealed and (36) added, (HB 24-1275), ch. 396, p. 2724, § 2, effective August 7; (25)(a)(X) repealed and (36) added, (HB 24-1333), ch. 270, p. 1767, § 1, effective August 7; (25)(a)(XI) repealed and (36) added, (HB 24-1253), ch. 179, p. 972, § 2, effective August 7; (25)(a)(XII) repealed and (32)(a)(XII) added, (HB 24-1276), ch. 267, p. 1748, § 3, effective August 7; (25)(a)(XIII) amended and (34)(a)(IX) added, (HB 24-1254), ch. 241, p. 1592, § 1, effective August 7; (25)(a)(XIV) repealed and (36) added, (HB24-1251), ch. 226, p. 1400, § 1, effective August 7; (25)(a)(XVII) repealed, (HB 24-1234), ch. 266, p. 1744, § 1, effective August 7; (25)(a)(XVIII) and (25)(a)(XIX) repealed and (36) added, (HB 24-1327), ch. 421, p. 2876, § 4, effective August 7; (25)(a)(XXII) repealed and (32)(a)(XI) added, (HB 24-1332), ch. 253, p. 1672, § 1, effective August 7; (26)(a)(XIII) repealed and (31)(a)(XIII) added, (HB 24-1051), ch. 292, p. 1991, § 9, effective August 7; (25)(a)(VI) repealed and (31)(a)(XII) added, (HB 24-1336), ch. 219, p. 1361, § 1, effective September 1. L. 2025: (32)(a)(XII) repealed, (HB 25-1154), ch. 230, p. 1086, § 25, effective May 22; (26)(a)(IX) repealed and (31)(a)(XIV) added, (SB 25-184), ch. 242, p. 1227, § 1, effective May 24; (26)(a)(I) repealed and (35)(a)(VIII) added, (SB 25-194), ch. 171, p. 710, § 26, effective August 6; (26)(a)(II) repealed and (37) added, (SB 25-186), ch. 285, p. 1471, § 2, effective August 6; (26)(a)(III) repealed and (35)(a)(VI) added, (SB 25-174), ch. 310, p. 1613, § 2, effective August 6; (26)(a)(IV) repealed and (31)(a)(XV) added, (SB 25-195), ch. 243, p. 1229, § 1, effective August 6; (26)(a)(V) and (26)(a)(VI) repealed and (37) added, (SB 25-179), ch. 322, p. 1693, § 1, effective August 6; (26)(a)(VII) repealed and (35)(a)(VII) added, (SB 25-192), ch. 324, p. 1699, § 1, effective August 6; (26)(a)(VIII) repealed, (SB 25-193), ch. 371, p. 2003, § 3, effective August 6; (26)(a)(XI) repealed and (33)(a)(X) added, (SB 25-176), ch. 218, p. 1002, § 1, effective August 6; (26)(a)(XII) repealed and (31)(a)(XVI) added, (SB 25-187), ch. 343, p. 1863, § 1, effective August 6; (34)(a)(III) amended, (HB 25-1075), ch. 163, p. 662, § 8, effective August 6.
Editor's note: (1) Amendments to this section by Senate Bill 16-062, Senate Bill 16-069, Senate Bill 16-077, Senate Bill 16-115, Senate Bill 16-161, House Bill 16-1014, House Bill 16-1157, House Bill 16-1158, House Bill 16-1159, House Bill 16-1160, House Bill 16-1168, House Bill 16-1170, House Bill 16-1171, House Bill 16-1172, House Bill 16-1173, House Bill 16-1177, House Bill 16-1182, House Bill 16-1232, House Bill 16-1236, House Bill 16-1255, House Bill 16-1261, House Bill 16-1328, House Bill 16-1345, House Bill 16-1360, and House Bill 16-1404 were renumbered and harmonized with House Bill 16-1192, pursuant to section 2-3-702.5.
(2) (a) Subsection (46)(k) was amended in SB 16-161, effective July 1, 2016. However, those amendments were superseded by the repeal and reenactment of this section in HB 16-1192, effective April 14, 2016.
(b) Subsection (47.5)(h) was amended in SB 16-189. Those amendments were superseded by the repeal of subsection (47.5)(h) in HB 16-1360, effective August 10, 2016. For the amendments to subsection (47.5)(h) in SB16-189 in effect from June 6, 2016, to August 10, 2016, see chapter 210, Session Laws of Colorado 2016. (L. 2016, p. 766.)
(3) Amendments to subsection (29) by SB 17-216 and SB 17-218 were harmonized; except that the introductory portion to subsection (29)(a) as added by Senate Bill 17-216 superseded the introductory portion to subsection (29)(a) as added by Senate Bill 17-218.
(4) Amendments to subsection (25)(a) by HB 17-1238, SB 17-226, SB 17-232, and HB 17-1239 were harmonized.
(5) Subsection (12)(a)(VII) was amended in HB 17-1238, effective August 9, 2017. However, those amendments were superseded by the repeal of subsection (12)(a)(VII) in SB 17-216, effective June 1, 2017.
(6) The effective date for changes to subsections IP(14)(a), (14)(a)(VII), IP(24)(a), and (24)(a)(IV) by Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by section 121 of Senate Bill 17-294. (See L. 2017, p. 1418.)
(7) Amendments to subsection (30) by HB 18-1174 and HB 18-1240 were harmonized.
(8) (a) Subsection (10)(b) provided for the repeal of subsection (10), effective July 1, 2018. (See L. 2016, p. 218.)
(b) Subsection (11)(b) provided for the repeal of subsection (11), effective September 1, 2018. (See L. 2016, p. 218.)
(c) Subsection (14)(a)(VII)(B) provided for the repeal of subsection (14)(a)(VII), effective July 1, 2018. (See L. 2017, pp. 807, 809, 1418.)
(9) Amendments to subsection (21)(a)(II) by HB 19-1172 and HB 19-1242 were harmonized. Amendments to subsection (35) by SB 19-150, SB 19-154, and HB 19-1114 were harmonized.
(10) Subsections (16)(a)(I), (16)(a)(III), (16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), and (17)(a)(VII) were amended in HB 19-1172, effective October 1, 2019. However, those amendments were superseded by the repeal of the subsections as follows: (16)(a)(I) in SB 19-159, effective May 17, 2019; (16)(a)(III) in SB 19-154, effective July 1, 2019; (16)(a)(IV) in SB 19-155, effective July 1, 2019; (16)(a)(V) in SB 19-156, effective July 1, 2019; (16)(a)(VI) in SB 19-153, effective July 1, 2019; (16)(a)(VII) in SB 19-193, effective July 1, 2019; and (17)(a)(VII) in SB 19-234, effective August 2, 2019.
(11) (a) Subsection (12)(b) provided for the repeal of subsection (12), effective July 1, 2019. (See L. 2016, p. 218.)
(b) Subsection (13)(b) provided for the repeal of subsection (13), effective September 1, 2019. (See L. 2016, p. 218.)
(12) Amendments to subsection (32) by HB 20-1184, HB 20-1211, HB 20-1215, HB 20-1218, and HB 20-1219 were harmonized.
(13) (a) Subsection (14)(b) provided for the repeal of subsection (14), effective July 1, 2020. (See L. 2016, p. 218.)
(b) Subsection (15)(b) provided for the repeal of subsection (15), effective September 1, 2020. (See L. 2016, p. 218.)
(c) Subsections (29)(a)(X)(B) and (29)(a)(XI)(B) provided for the repeal of subsections (29)(a)(X) and (29)(a)(XI), respectively, effective January 1, 2020. (See L. 2019, p. 2823.)
(14) Subsection (17)(b) provided for the repeal of subsection (17), effective September 1, 2021. (See L. 2016, p. 218.)
(15) (a) Subsection (18)(b) provided for the repeal of subsection (18), effective July 1, 2022. (See L. 2016, p. 218.)
(b) Subsection (19)(b) provided for the repeal of subsection (19), effective September 1, 2022. (See L. 2016, p. 218.)
(16) Amendments to subsection (6)(b)(IX) by SB 22-174 and HB 22-1098 were harmonized and relocated to subsection (6)(b)(XII), effective October 16, 2022.
(17) Subsection (20)(b) provided for the repeal of subsection (20), effective July 1, 2023. (See L. 2016, p. 218.)
(18) Subsection (21)(b) provided for the repeal of subsection (21), effective September 1, 2023. (See L. 2016, p. 218.)
(19) Amendments to subsection (36) by HB 24-1333, HB 24-1251, HB 24-1327, HB 24-1253, and HB 24-1275 were harmonized.
(20) Amendments to subsection (25)(a)(XIII) by HB 24-1254 and HB 24-1335 were harmonized.
(21) Subsection (25)(a)(XIII) was amended in SB 24-173. Those amendments were superseded by the amendment of subsection (25)(a)(XIII) in HB 24-1335.
(22) Subsection (22)(b) provided for the repeal of subsection (22), effective July 1, 2024. (See L. 2016, p. 218.)
(23) Subsection (23)(b) provided for the repeal of subsection (23), effective September 1, 2024. (See L. 2016, p. 218.)
(24) Amendments to subsection (37) by SB 25-179 and SB 25-186 were harmonized.
(25) Subsection (24)(b) provided for the repeal of subsection (24), effective September 1, 2025. (See L. 2016, p. 218.)
Cross references: (1) For source notes, editor's notes, and cross references to this section prior to the repeal and reenactment of this section in 2016, consult the 2015 Colorado Revised Statutes.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017.
(3) For the legislative declaration in HB 18-1176, see section 1 of chapter 321, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1409, see section 1 of chapter 244, Session Laws of Colorado 2018.
(4) For the legislative declaration in HB 19-1292, see section 1 of chapter 183, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1233, see section 1 of chapter 194, Session Laws of Colorado 2019. For the legislative declaration in SB 19-231, see section 1 of chapter 290, Session Laws of Colorado 2019.
(5) (a) For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. For the legislative declaration in HB 20-1404, see section 1 of chapter 231, Session Laws of Colorado 2020. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.
(b) For the short title (Clean Up Colorado's Air Act) in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020.
(6) (a) For the legislative declaration in HB 21-1215, see section 1 of chapter 252, Session Laws of Colorado 2021. For the legislative declaration in SB 21-175, see section 1 of chapter 240, Session Laws of Colorado 2021. For the legislative declaration in SB 21-137, see section 2 of chapter 362, Session Laws of Colorado 2021.
(b) For the short title (Behavioral Health Recovery Act of 2021) in SB 21-137 see section 1 of chapter 362, Session Laws of Colorado 2021.
(7) For the legislative declaration in HB 22-1159, see section 1 of chapter 336, Session Laws of Colorado 2022.
(8) For the legislative declaration in HB 23-1242, see section 1 of chapter 435, Session Laws of Colorado 2023. For the legislative declaration in HB 23-1194, see section 1 of chapter 225, Session Laws of Colorado 2023.
(9) For the legislative declaration in HB 24-1276, see section 1 of chapter 267, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1360, see section 1 of chapter 324, Session Laws of Colorado 2024. For the legislative declaration in SB 24-007, see section 1 of chapter 401, Session Laws of Colorado 2024.
24-34-104.1. General assembly sunrise review of new regulation of occupations and professions - definition. (1) The general assembly finds that regulation should be imposed on an occupation or profession only when necessary for the protection of the public interest. The general assembly further finds that establishing a system for reviewing the necessity of regulating an occupation or profession prior to enacting laws for such regulation will better enable it to evaluate the need for the regulation and to determine the least restrictive regulatory alternative consistent with the public interest.
(2) (a) For proposals submitted on or after July 1, 2022, any professional or occupational group or organization, any individual, or any other interested party that proposes the regulation of any unregulated professional or occupational group shall submit the following information to the department:
(I) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, and an estimate of the number of practitioners in each group;
(II) A definition of the problem or problems to be solved by regulation and the reasons why regulation is necessary;
(III) and (IV) Repealed.
(V) The benefit to the public that would result from the proposed regulation;
(VI) The cost of the proposed regulation; and
(VII) A description of any anticipated disqualifications on an applicant for licensure, certification, relicensure, or recertification based on criminal history and how the disqualifications serve public safety or commercial or consumer protection interests.
(b) Repealed.
(3) (a) (I) Except as provided in subsection (3)(b) or (3)(c) of this section, the department shall conduct an analysis and evaluation of any proposed regulation. The analysis and evaluation must be based upon the criteria listed in subsection (4)(b) of this section.
(II) Repealed.
(III) For a proposed regulation submitted on or after July 1, 2022, the department shall submit a report to the proponents of the regulation and to the general assembly no later than:
(A) June 30 of the year following the year in which the proposed regulation was submitted, for a proposed regulation submitted on or after July 1 and on or before December 31; and
(B) December 31 of the same year in which the proposed regulation was submitted, for a proposed regulation submitted on or after January 1 and on or before June 30.
(b) (I) After review of a proposal to regulate a professional or occupational group that was submitted on or after July 1, 2022, the department may decline to conduct an analysis and evaluation of the proposed regulation only if:
(A) The department previously conducted an analysis and evaluation of the proposed regulation of the same professional or occupational group, issued a report not more than thirty-six months prior to the submission of the current proposal to regulate the same professional or occupational group, and finds that no new information has been submitted that would cause the department to alter or modify the recommendations made in its earlier report on the proposed regulation of the professional or occupational group;
(B) The proposed regulation appears to regulate fewer than two hundred fifty individuals; or
(C) The department determines that at least thirty-three other states license, certify, or require registration of members of the same professional or occupational group.
(II) (A) If the department declines to conduct an analysis and evaluation pursuant to subsection (3)(b)(I)(A) of this section, the department shall reissue its earlier report on the proposed regulation to the proponents of the regulation and the general assembly.
(B) If the department declines to conduct the analysis and evaluation pursuant to subsection (3)(b)(I)(B) or (3)(b)(I)(C) of this section, the department shall notify the proponents of the regulation and the general assembly that it is declining to conduct the analysis and evaluation and the reason for so declining.
(III) Repealed.
(IV) For a proposed regulation submitted on or after July 1, 2022, the department shall reissue its earlier report or issue the notice no later than:
(A) June 30 of the year following the year in which the proposed regulation was submitted, for a proposed regulation submitted on or after July 1 and on or before December 31; or
(B) December 31 of the same year in which the proposed regulation was submitted, for a proposed regulation submitted on or after January 1 and before June 30.
(c) If the department receives a proposal to regulate a professional or occupational group indicating, based on documentation verified by the department, that the unregulated professional or occupational group poses an imminent threat to public health, safety, or welfare, the department shall promptly notify the proponents of the proposed regulation and the legislative council of the general assembly of the imminent threat and shall submit to the legislative council the documentation on which it bases its finding of imminent threat. Within thirty days after receipt of the notice and documentation from the department, the legislative council shall conduct a hearing to examine the documentation and determine whether it concurs with the department's finding that an imminent threat exists. In conducting its examination, the legislative council shall consider whether regulation of the professional or occupational group without first obtaining an analysis and evaluation pursuant to paragraph (a) of this subsection (3) will substantially alter the impact on public health, safety, or welfare. The department may forego the analysis and evaluation only if the legislative council notifies the department that the legislative council concurs with the department's finding of imminent threat to public health, safety, and welfare.
(4) (a) (Deleted by amendment, L. 96, p. 796, § 7, effective May 23, 1996.)
(b) The determination as to whether such regulation of an occupation or a profession is needed shall be based upon the following considerations:
(I) Whether the unregulated practice of the occupation or profession clearly harms or endangers the health, safety, or welfare of the public;
(I.5) Whether the practitioners of the profession or occupation exercise independent judgment, and whether the public can reasonably be expected to benefit from the direct regulation of the profession or occupation if a practitioner's judgment or practice is limited or subject to the judgment or supervision of others.
(II) Whether the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing professional or occupational competence;
(III) Whether the public can be adequately protected by other means in a more cost-effective manner; and
(IV) Whether the imposition of any disqualifications on applicants for licensure, certification, relicensure, or recertification based on criminal history serves public safety or commercial or consumer protection interests.
(c) (Deleted by amendment, L. 96, p. 796, § 7, effective May 23, 1996.)
(5) Repealed.
(6) (a) Except as provided in paragraph (b) of this subsection (6), the supporters of regulation of a professional or occupational group may request members of the general assembly to present appropriate legislation to the general assembly during each of the two regular sessions that immediately succeed the date of the report required pursuant to subsection (3) of this section without the supporters having to comply again with the provisions of subsections (2), (3), and (4) of this section. Bills introduced pursuant to this subsection (6) shall count against the number of bills to which members of the general assembly are limited by any joint rule of the senate and the house of representatives.
(b) If, pursuant to paragraph (b) or (c) of subsection (3) of this section, the department of regulatory agencies declines to conduct an analysis and evaluation of the proposed regulation of a professional or occupational group and reissues a prior report on the proposed regulation of the same professional or occupational group or finds that the unregulated professional or occupational group poses an imminent threat to public health, safety, or welfare, as confirmed by the legislative council of the general assembly, the supporters of the regulation of the professional or occupational group may request that members of the general assembly present appropriate legislation to the general assembly during each of the next two regular sessions that begin after the date the department reissues its original report on the proposed regulation or the date on which the legislative council notifies the department that it concurs in a finding of imminent threat pursuant to paragraph (c) of subsection (3) of this section, whichever is applicable.
(7) This section is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill.
(8) As used in this section, department means the department of regulatory agencies.
Source: L. 85: Entire section added, p. 280, § 3, effective May 23. L. 90: IP(2) and (3) amended, p. 332, § 11, effective April 3. L. 94: IP(2) amended and (6) added, p. 1456, § 5, effective May 25. L. 96: (2), (3), (4)(a), (4)(c), and (6) amended, p. 796, § 7, effective May 23. L. 2000: (7) added, p. 1549, § 18, effective August 2. L. 2006: IP(2) amended, p. 245, § 1, effective July 1. L. 2007: IP(2), (3), and (6) amended, p. 1464, § 1, effective May 30. L. 2012: (2), (3), and (6)(b) amended, (HB 12-1015), ch. 17, p. 45, § 1, effective March 15. L. 2013: (2)(a)(V), (2)(a)(VI), (4)(b)(II), and (4)(b)(III) amended and (2)(a)(VII) and (4)(b)(IV) added, (SB 13-123), ch. 289, p. 1541, § 6, effective May 24. L. 2022: IP(2)(a), (3)(a), and (3)(b) amended, (2)(a)(III), (2)(a)(IV), and (2)(b) repealed, and (8) added, (HB 22-1291), ch. 219, p. 1433, § 1, effective July 1; IP(4)(b) and (4)(b)(I) amended and (4)(b)(I.5) added, (HB 22-1291), ch. 219, p. 1433, § 1, effective October 16.
Editor's note: (1) Subsection (5)(b) provided for the repeal of subsection (5), effective February 1, 1986. (See L. 85, p. 280.)
(2) Subsection (2)(a)(VII) was numbered as (2)(f) in Senate Bill 13-123 but was renumbered on revision for ease of location. Subsections (2)(a)(V) and (2)(a)(VI) were numbered as subsections (2)(d) and (2)(f) in Senate Bill 13-123 but were renumbered on revision to reflect the numbering changes made to subsection (2) in 2012.
(3) Subsections (3)(a)(II)(B) and (3)(b)(III)(B) provided for the repeal of subsections (3)(a)(II) and (3)(b)(III), respectively, effective December 31, 2023. (See L. 2022, p. 1433.)
(4) Subsection (4)(b)(I.5) was corrected in 2024 to accurately reflect the amendments to subsection (4) by HB 22-1291. (See L. 2022, p. 1433.)
Cross references: For establishment of the sunrise and sunset review committee, see § 2-3-1201.
24-34-104.3. General assembly review of reprocessing fee - motor vehicle registration. (Repealed)
Source: L. 90: Entire section added, p. 1801, § 6, effective July 1. L. 93: Entire section repealed, p. 1784, § 56, effective June 6.
24-34-104.4. Excise tax on fees. (Repealed)
Source: L. 87: Entire section added, p. 1007, § 2, effective July 1; IP(1) R&RE, (1)(e) and (4) amended, and (2.5) added, p. 1835, §§ 1, 2, effective August 27. L. 89: (1)(e) amended, p. 662, § 4, effective April 10; IP(1), (1)(e), and (2) amended and (2.5) repealed, pp. 1035, 662, 1036, §§ 1, 4, 2, effective July 1. L. 89, 1st Ex. Sess.: IP(1) amended, p. 14, § 4, effective July 7. L. 90: (1)(b) R&RE, p. 741, § 6, effective July 1. L. 92: (1)(a)(I) repealed, p. 1614, § 173, effective May 20; (1)(a)(VI) amended, p. 1727, § 16, effective July 1. L. 93: (1)(c) repealed, p. 1238, § 10, effective July 1; (1)(a)(II) amended, p. 1392, § 12, effective January 1, 1995. L. 96: (1)(a)(II) amended, p. 1470, § 14, effective June 1. L. 97: Entire section amended, p. 1613, § 1, effective July 1. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-20-104 in 2019.
24-34-104.5. Cost of reports - charges. The reasonable cost to perform sunset reviews of programs not within the department of regulatory agencies shall be charged to the departments in which such programs are located.
Source: L. 91: Entire section added, p. 687, § 51, effective April 20.
24-34-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account. (Repealed)
Source: L. 78: Entire section added, p. 398, § 1, effective May 4. L. 79: (2)(b) amended, p. 915, § 2, effective May 25. L. 92: (2)(b) amended, p. 2042, § 16, effective July 1. L. 97: (2)(b) amended, p. 1615, § 2, effective July 1. L. 98: (2)(b)(III) and (2)(b)(IV) added, pp. 1362, 1364, §§ 124, 132, effective June 1; (2)(b)(I) amended, p. 1156, § 26, effective July 1. L. 2004: (2)(a) and (2)(b)(I) amended and (2)(b)(I.5) added, p. 1862, § 121, effective August 4. L. 2011: (2)(b)(I) amended, (SB 11-187), ch. 285, p. 1328, § 73, effective July 1. L. 2012: (1), (2)(a), (2)(b)(I), and (2)(b)(II) amended, (2)(b)(III) and (2)(b)(IV) repealed, and (3) added, (HB 12-1055), ch. 47, p. 174, § 2, effective August 8. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-20-105 in 2019.
24-34-106. Professions and occupations - alternative to existing disciplinary actions. If, as a result of a proceeding held pursuant to article 4 of this title, it is determined that a person licensed, registered, or certified to practice a profession or occupation pursuant to article 2 of title 10 or title 12, C.R.S., has acted in such a manner as to be subject to disciplinary action, the licensing board, commission, or other agency of the state may, in lieu of or in addition to other forms of disciplinary action that may be authorized by law, require a licensee, registrant, or certificate holder to take courses of training or education relating to his profession or occupation. The licensing board, commission, or other agency of the state shall determine the conditions, on a case-by-case basis, which shall be imposed on such licensee, registrant, or certificate holder including, but not limited to, the type of and number of hours of training or education. All training or education courses are subject to approval by the board, commission, or agency, and the licensee, registrant, or certificate holder shall be required to furnish satisfactory proof that he has successfully completed such courses. Any training or education required by this section shall be in addition to the mandatory continuing education requirements for the profession or occupation, if any.
Source: L. 84: Entire section added, p. 695, § 1, effective March 26.
24-34-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued pursuant to the authority set forth in titles 10, 11, and 12 by any division, board, or agency of the department of regulatory agencies requires the applicant's name, address, and social security number. If the applicant does not have a social security number, the division, board, or agency shall require the applicant's individual taxpayer identification number, or another document verifying the applicant's identity, as determined by such division, board, or agency.
(2) The divisions, boards, or agencies of the department of regulatory agencies shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if such division, board, or agency receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of any such division, board, or agency of the department of regulatory agencies, rules promulgated by the state board of human services, and any memorandum of understanding entered into between any division, board, or agency of the department of regulatory agencies and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The divisions, boards, and agencies of the department of regulatory agencies may enter into a memorandum of understanding with the state child support enforcement agency to facilitate implementation of this section and section 26-13-126, C.R.S., through the rules promulgated pursuant to subsection (2) of this section.
(b) The divisions, boards, and agencies of the department of regulatory agencies are authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any registration, certificate, charter, or membership issued by any division, board, or agency of the department of regulatory agencies for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
(5) (a) When any division, board, or agency of the department of regulatory agencies determines that an individual applying for a license has been convicted of a crime prior to the application being submitted, it may, subject to the provisions of section 24-5-101, issue a conditional license to that individual.
(b) The individual may request that the conditional designation or any related adverse action be removed a year after the issuance of the conditional license or when the individual applies for renewal of the license, whichever is later:
(I) If the individual remains free of any subsequent criminal conviction or licensing sanction after the conditional license is issued; and
(II) If the individual is no longer serving any term of probation or parole imposed for the criminal conviction.
(c) The division, board, or agency shall grant the request unless it determines that, under the provisions of section 24-5-101, the conditional designation remains necessary.
(d) If the division, board, or agency removes the conditional designation, it shall make the original conditional designation confidential and remove from the individual's professional history any reference to crimes committed before the application for licensure was submitted, unless the removal or designation as confidential violates any federal reporting law.
Source: L. 97: Entire section added, p. 1282, § 24, effective July 1. L. 2006, 1st Ex. Sess.: (1) amended, p. 28, § 1, effective January 1, 2007. L. 2018: (5) added, (HB 18-1418), ch. 352, p. 2088, § 3, effective May 30. L. 2021: (1) amended, (SB 21-077), ch. 186, p. 995, § 2, effective September 7; (1)(a) amended and (1)(b) repealed, (SB 21-199), ch. 351, p. 2281, § 4, effective July 1, 2022.
Editor's note: (1) Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
(2) Amendments to subsection (1) by SB 21-199 and SB 21-077 were harmonized.
24-34-108. Consumer outreach and education program - creation - cash fund - fine surcharge. (1) The executive director of the department of regulatory agencies shall develop and implement a consumer outreach and education program, referred to in this section as the program, for the purposes of informing consumers of their rights regarding regulated professions and occupations, decreasing regulatory violations, and ensuring public awareness of consumer protection information available from the department.
(2) There is hereby created within the state treasury the consumer outreach and education cash fund for the purpose of developing, implementing, and maintaining the program. The fund shall consist of any surcharges that may be imposed by the executive director of the department of regulatory agencies within the department of regulatory agencies, including fines collected pursuant to titles 10, 11, 12, 40, and 42, C.R.S. The amount of each surcharge shall not exceed fifteen percent of the fine collected. The surcharges shall be adjusted as necessary so that surcharge revenues collected do not exceed two hundred thousand dollars annually. All moneys collected shall be transmitted to the state treasurer who shall credit such moneys to the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the program. Moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Moneys credited to the fund shall not be transferred to the general fund or any other fund; except that any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year that exceed ten percent of the fund's expenditures in that fiscal year shall be transferred to the general fund or another fund.
(3) On or before November 1 of each year, the executive director of the department of regulatory agencies shall provide a report to the joint budget committee of the general assembly that includes the amount of revenue collected from the surcharge in accordance with subsection (2) of this section for the previous fiscal year, a description of how the moneys were spent in the previous fiscal year, and a plan for how the moneys will be spent in the current fiscal year.
Source: L. 2008: Entire section added, p. 2246, § 1, effective August 5.
24-34-109. Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal. (Repealed)
Source: L. 2009: Entire section added, (SB 09-239), ch. 401, p. 2183, § 28, effective July 1. L. 2010: (1)(d)(I), (2)(a)(II), and (6)(a) amended, (HB 10-1260), ch. 403, p. 1989, § 82, effective July 1. L. 2014: (7) amended, (HB 14-1181), ch. 166, p. 580, § 1, effective May 9. L. 2018: (6) amended, (HB 18-1375), ch. 274, p. 1710, § 48, effective May 29. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-30-105 in 2019.
24-34-110. Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration - repeal. (Repealed)
Source: L. 2010: Entire section added with relocations, (SB 10-124), ch. 416, p. 2050, § 1, effective August 11. L. 2011: (3)(a)(XVII), (3)(a)(XVIII), and (3)(b) amended and (3)(a)(XIX) added, (SB 11-187), ch. 285, p. 1329, § 74, effective July 1. L. 2012: (3)(a)(IX) amended, (HB 12-1332), ch. 238, p. 1059, § 16, effective August 8; (3)(a)(XVIII) and (3)(a)(XIX) amended and (3)(a)(XX) added, (HB 12-1303), ch. 263, p. 1376, § 3, effective August 8. L. 2013: (3)(a)(I) amended, (SB 13-039), ch. 288, p. 1537, § 5, effective May 24; (3)(a)(XIX), IP(4), and (6) amended, (3)(a)(XXI) to (3)(a)(XXVIII) added, and (3)(b) RC&RE, (SB 13-026), ch. 290, p. 1557, § 1, effective August 7; (3)(a)(XXIX) added, (HB 13-1111), ch. 371, p. 2183, § 3, effective August 7. L. 2016: (3)(a)(VIII) amended, (HB 16-1047), ch. 245, p. 1011, § 3, effective June 8; (12) added, (HB 16-1157), ch. 79, p. 204, § 1, effective August 10. L. 2017: (3)(a)(XIII) amended, (HB 17-1057), ch. 200, p. 744, § 4, effective May 10; (3)(a)(XX) amended, (SB 17-294), ch. 264, p. 1402, § 71, effective May 25. L. 2018: (4)(a)(X) amended, (HB 18-1375), ch. 274, p. 1710, § 49, effective May 29; (3)(a)(XIII) amended, (HB 18-1155), ch. 315, p. 1902, § 15, effective September 1. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-30-102 in 2019.
24-34-110.5. Health care work force data collection - repeal. (Repealed)
Source: L. 2012: Entire section added, (HB 12-1052), ch. 228, p. 1004, § 2, effective July 1. L. 2013: (1) and (3)(a) amended, (HB 13-1074), ch. 150, p. 491, § 6, effective August 7. L. 2014: (4)(b) repealed, (HB 14-1363), ch. 302, p. 1268, § 24, effective May 31. L. 2016: IP(2), (3)(b), and (4)(a) amended, (SB 16-189), ch. 210, p. 767, § 50, effective June 6. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-30-106 in 2019.
24-34-111. Posting summary transparency reports required by federal law. Upon receipt by the state from the secretary of the United States department of health and human services, the department of regulatory agencies shall post on its website the report required by section 6002 of the federal Patient Protection and Affordable Care Act, H.R. 3590, Pub.L. 111-148, containing a summary of information submitted by manufacturers and group purchasing organizations to the secretary pursuant to said law. The department shall post the report by September 30, 2013, and by June 30 of each calendar year thereafter, or as soon as possible after the state receives the report from the secretary, whichever occurs first.
Source: L. 2010: Entire section added, (SB 10-126), ch. 417, p. 2058, § 1, effective August 11.
24-34-112. Health care prescriber boards - disciplinary procedures - definitions. (Repealed)
Source: L. 2017: Entire section added, (HB 17-1165), ch. 377, p. 1944, § 2, effective June 6. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, § 3, effective October 1.
Editor's note: This section was relocated to § 12-30-104 in 2019.
PART 2
COLORADO COMMISSION ON WOMEN
24-34-201 to 24-34-202. (Repealed)
Source: L. 82: Entire part repealed, p. 625, § 27, effective April 2.
Editor's note: (1) This part 2 was added in 1972. For amendments to this part 2 prior to its repeal in 1982, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Prior to the repeal of this part 2 in 1982, the Colorado commission on women was terminated on July 1, 1980, pursuant to the sunset law, § 24-34-104.
PART 3
COLORADO CIVIL RIGHTS
DIVISION - COMMISSION - PROCEDURES
Editor's note: (1) This part 3 was numbered as article 21 of chapter 80, C.R.S. 1963. Parts 3 to 8 of this article were repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 3 prior to 1979, 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) The former provisions of this part 3 were relocated to part 4 of this article in 1979.
Law reviews: For article, Civil Rights, which discusses Tenth Circuit decisions dealing with civil rights, see 61 Den. L. J. 163 (1984); for article, Civil Rights, which discusses a Tenth Circuit decision dealing with employment discrimination, see 63 Den. U. L. Rev. 197 (1986); for article, Civil Rights, which discusses Tenth Circuit decisions dealing with civil rights, see 64 Den. U. L. Rev. 141 (1987); for article, An ADR Forum for the Disabled, see 18 Colo. Law. 915 (1989); for a discussion of Tenth Circuit decisions involving civil rights, see 66 Den. U. L. Rev. 687 (1989) and 67 Den. U. L. Rev. 639 (1990).
24-34-300.5. Short title. The short title of parts 3 to 8 of this article 34 is the Colorado Anti-discrimination Act or CADA.
Source: L. 2025: Entire section added, (HB 25-1312), ch. 205, p. 930, § 9, effective May 16.
Cross references: For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.
24-34-300.7. Legislative declaration. (1) The general assembly finds and declares that each Coloradan has the right to access fair employment, housing opportunities, public accommodations, and advertising that is free from discrimination regardless of their membership in a protected class, as those classes are listed in sections 24-34-402, 24-34-502, 24-34-601, and 24-34-701. CADA prohibits discrimination based on these protected classes and ensures that every Coloradan is able to enjoy freedom from discrimination.
(2) The general assembly further finds and declares that Colorado has a long history of supporting freedom of choice for Coloradans. This includes the choice to make decisions related to safely seeking health-care services, including legally protected health-care activities, as defined in section 12-30-121 (1)(d), that support mental, physical, and emotional well-being for Coloradans, their children, and their family members. It is the public policy of Colorado to ensure these important decisions can be made without unnecessary governmental interference.
Source: L. 2025: Entire section added, (HB 25-1312), ch. 205, p. 930, § 9, effective May 16.
Cross references: For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.
24-34-301. Definitions. As used in parts 3 to 10 of this article 34, unless the context otherwise requires:
(1) Age means a chronological age of at least forty years.
(2) Agency or state agency means any board, bureau, commission, department, institution, division, section, or officer of the state.
(3) Basic access or basic accessibility constitute public safety issues and mean the general practice of making information, activities, and environments sensible, meaningful, usable, and safe for as many people as possible.
(3.5) Chosen name means a name that an individual requests to be known as in connection to the individual's disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, so long as the name does not contain offensive language and the individual is not requesting the name for frivolous purposes.
(4) Commission means the Colorado civil rights commission created in section 24-34-303.
(5) Commissioner means a member of the Colorado civil rights commission.
(6) Director means the director of the Colorado civil rights division created in section 24-34-302.
(7) Disability has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(8) Division means the Colorado civil rights division, created in section 24-34-302.
(9) Gender expression means an individual's way of reflecting and expressing the individual's gender to the outside world, typically demonstrated through appearance, dress, behavior, chosen name, and how the individual chooses to be addressed.
(10) Gender identity means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth.
(11) Housing means a building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership; except that housing does not include any room offered for rent or lease in a single-family dwelling maintained and occupied in part by the owner or lessee of the dwelling as the owner's or lessee's household.
(12) Housing accommodations means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons but does not include any single family residence, the occupants of which rent, lease, or furnish for compensation not more than one room in that residence.
(13) Individual with a disability means an individual with a disability or disabilities.
(14) Marital status means a relationship or a spousal status of an individual, including, but not limited to, being single, cohabitating, engaged, widowed, married, in a civil union, or legally separated, or a relationship or a spousal status of an individual who has had or is in the process of having a marriage or civil union dissolved or declared invalid.
(15) (a) Person means one or more individuals, limited liability companies, partnerships, associations, corporations, legal representatives, trustees, receivers, or the state of Colorado and all of its political subdivisions and agencies.
(b) For the purposes of part 5 of this article 34, person does not include any private club not open to the public that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, unless the club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry.
(16) Place of public accommodation or public accommodation has the same meaning as set forth in Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12181 (7), and its related amendments and implementing regulations.
(17) Protective hairstyle includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(18) Public entity means:
(a) Any state or local government; or
(b) Any department, agency, special district, or other instrumentality of a state or local government.
(19) Public transportation service means a common carrier of passengers or any other means of public conveyance or modes of transportation, including, but not limited to, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or taxis.
(20) Qualified individual with a disability or individual with a disability has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12131, and its related amendments and implementing regulations.
(21) Race includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.
(22) Respondent means any person, agency, organization, or other entity against whom a charge is filed pursuant to any of the provisions of parts 3 to 8 of this article 34.
(23) Service animal has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.
(24) Sexual orientation means an individual's identity, or another individual's perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.
(25) Trainer of a service animal means a person who individually trains a service animal.
Source: L. 79: Entire part R&RE, p. 923, § 3, effective July 1. L. 86: (1) R&RE and (1.5) and (1.6) added, p. 930, §§ 1, 2, effective May 8. L. 89: (4) amended, p. 1037, § 1, effective July 1. L. 90: (5) amended, p. 447, § 13, effective April 18. L. 92: (4)(b)(I) amended, p. 1121, § 1, effective July 1. L. 93: (2.5) added and (4) amended, p. 1655, § 59, effective July 1. L. 2008: (7) added, p. 1593, § 2, effective May 29. L. 2013: (4.5) added, (SB 13-011), ch. 49, p. 168, § 26, effective May 1; (1) amended, (HB 13-1136), ch. 168, p. 554, § 3, effective August 7. L. 2014: Entire section amended, (SB 14-118), ch. 250, p. 974, § 1, effective August 6. L. 2020: IP and (5.3) amended and (5.1) and (5.8) added, (HB 20-1048), ch. 8, p. 19, § 10, effective September 14. L. 2021: (5.4) amended, (HB 21-1110), ch. 402, p. 2675, § 1, effective June 30; (3.3) and (3.5) added and (5)(b) and (7) amended, (HB 21-1108), ch. 156, p. 883, § 2, effective September 7. L. 2023: Entire section amended, (HB 23-1296), ch. 269, p. 1597, § 2, effective May 25. L. 2024: (21) amended, (HB 24-1451), ch. 354, p. 2413, § 8, effective June 3. L. 2025: (3.5) added and (9) amended, (HB 25-1312), ch. 205, p. 929, § 8, effective May 16.
Cross references: (1) For the legislative declaration contained in the 2008 act enacting subsection (7), see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) For the short title (Creating a Respectful and Open World for Natural Hair Act of 2020 or CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.
(3) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
(4) For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.
24-34-302. Civil rights division - director - powers and duties. (1) There is created in the department of regulatory agencies a division of state government designated as the Colorado civil rights division, the head of which is the director of the Colorado civil rights division. The director is appointed by the executive director of the department of regulatory agencies pursuant to section 13 of article XII of the state constitution, and the executive director shall give good faith consideration to the recommendations of the commission prior to making the appointment. The Colorado civil rights division and the director of the Colorado civil rights division are type 1 entities, as defined in section 24-1-105.
(2) The director shall appoint such investigators and other personnel as may be necessary to carry out the functions and duties of the division. The director and the staff of the division shall receive, investigate, and make determinations on charges alleging unfair or discriminatory practices in violation of parts 4 to 7 of this article.
Source: L. 79: Entire part R&RE, p. 923, § 3, effective July 1. L. 2009: Entire section amended, (SB 09-110), ch. 238, p. 1083, § 4, effective July 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3398, § 139, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-34-303. Civil rights commission - membership. (1) (a) There is created in the division the Colorado civil rights commission. The commission is a type 1 entity, as defined in section 24-1-105.
(b) (I) The commission consists of seven members appointed by the governor, with the consent of the senate as specified in subsection (1)(b)(IV) of this section, for terms of four years. The governor shall make appointments in such a manner that there are at all times:
(A) Two members of the commission representing the business community, at least one of whom represents small business; except that, upon the expiration of the terms of the members appointed pursuant to this subsection (1)(b)(I)(A) before July 1, 2018, or upon a vacancy in either position, whichever occurs first, one member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner of a small business that employs at least five but less than fifty employees and the other member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner of a business that employs more than fifty employees, and thereafter the composition of the commission must continue to reflect this change;
(B) Two members of the commission representing state or local government entities; except that, upon the expiration of the terms of office of the members of the commission appointed pursuant to this subsection (1)(b)(I)(B) before July 1, 2018, or upon a vacancy in either position, whichever occurs first, the governor shall appoint to those positions one member representing a statewide chamber of commerce or other statewide organization representing business and industry and one member from or representing employee associations that represent workers in Colorado, and thereafter the composition of the commission must continue to reflect this change; and
(C) Three members of the commission from the community at large; except that, upon the expiration of the term of office of two members appointed pursuant to this subsection (1)(b)(I)(C) before July 1, 2018, or upon a vacancy in a position under this subsection (1)(b)(I)(C), whichever occurs first, the governor shall appoint two members from or representing employee associations that represent workers in Colorado, and thereafter the composition of the commission must continue to reflect this change.
(II) In addition to the qualifications specified in subsection (1)(b)(I) of this section, the membership of the commission must at all times include:
(A) At least four members who are members of groups of people who have been or who might be discriminated against because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, marital status, religion, or age; and
(B) No more than six members affiliated with a major political party and no more than three members affiliated with the same political party. A member must have been registered with the same political party or registered as unaffiliated for at least two years immediately preceding the member's appointment to the commission.
(III) The governor shall make appointments to provide geographical area representation insofar as may be practicable.
(IV) Notwithstanding any other provision of law, if, in accordance with section 6 of article IV of the state constitution, the governor nominates an individual for appointment to the commission and the senate rejects the nomination, the rejected individual is deemed ineligible to hold the office for two years. During that two-year period, the governor shall not nominate the rejected individual and, if the senate is not in session, shall not appoint the rejected individual to temporarily discharge the duties of the commission. For purposes of this subsection (1)(b)(IV), rejection by the senate of the nomination of an individual for appointment to the commission does not preclude the governor from nominating the rejected individual for another opening on the commission that occurs after an individual other than the rejected individual has filled the immediate opening on the commission.
(2) The governor shall fill vacancies on the commission by appointment, with the consent of the senate in accordance with subsection (1)(b)(IV) of this section, and the term of a commissioner appointed to fill a vacancy is for the unexpired part of the term for which the commissioner is appointed.
(3) Any commissioner may be removed from office by the governor for misconduct, incompetence, or neglect of duty.
(4) Commissioners shall receive a per diem allowance and shall be reimbursed for actual and necessary expenses incurred by them while on official commission business, as provided in section 12-20-103 (6).
(5) The commission may adopt, amend, or rescind rules for governing its meetings. Four commissioners shall constitute a quorum for purposes of conducting the business of the commission.
Source: L. 79: Entire part R&RE, p. 923, § 3, effective July 1. L. 81: Entire section amended, p. 1084, § 1, effective May 27. L. 82: Entire section amended, p. 625, § 28, effective April 2. L. 89: Entire section amended, p. 1038, § 2, effective July 1. L. 93: Entire section amended, p. 1656, § 60, effective July 1. L. 2008: Entire section amended, p. 1593, § 3, effective May 29. L. 2018: (1) and (2) amended, (HB 18-1256), ch. 229, p. 1442, § 4, effective July 1. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1692, § 130, effective October 1. L. 2021: IP(1)(b)(II) and (1)(b)(II)(A) amended, (HB 21-1108), ch. 156, p. 884, § 3, effective September 7. L. 2022: (1)(a) amended, (SB 22-162), ch. 469, p. 3398, § 140, effective August 10.
Cross references: (1) For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-34-304. Division and commission subject to termination - repeal of part. (1) The provisions of section 24-34-104, concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the division and the commission created by this part 3.
(2) This part 3 is repealed, effective September 1, 2027. Before its repeal, the functions of the division and commission are scheduled for review in accordance with section 24-34-104.
Source: L. 79: Entire part R&RE, p. 924, § 3, effective July 1. L. 91: Entire section amended, p. 687, § 52, effective April 20. L. 99: (2) amended, p. 150, § 3, effective March 25. L. 2009: (2) amended, (SB 09-110), ch. 238, p. 1082, § 3, effective July 1. L. 2018: (2) amended, (HB 18-1256), ch. 229, p. 1441, § 1, effective July 1.
24-34-305. Powers and duties of commission. (1) The commission has the following powers and duties:
(a) To adopt, publish, amend, and rescind rules, in accordance with the provisions of section 24-4-103, that are consistent with and for the implementation of parts 3 to 7 of this article. All rules adopted or amended are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b).
(b) Repealed.
(c) (I) To investigate and study the existence, character, causes, and extent of unfair or discriminatory practices as defined in parts 4 to 7 of this article and to formulate plans for the elimination of those practices by educational or other means.
(II) (A) In furtherance of its educational efforts to reduce instances of discriminatory or unfair employment practices, the commission shall create a volunteer working group representing both employer and employee interests, including human resource professionals, to assist in education and outreach efforts to foster understanding of and compliance with part 4 of this article. The commission may accept and expend gifts, grants, and donations to assist in its duties pursuant to this subparagraph (II).
(B) The commission shall create the volunteer working group by September 1, 2013. The working group shall develop and submit to the commission, by January 1, 2014, an education and outreach plan for the commission to implement for purposes of educating employers and providing outreach regarding part 4 of the article.
(C) In addition to the outreach plan required by sub-subparagraph (B) of this subparagraph (II), the working group shall compile and provide to the commission information on educational resources available to employers regarding the requirements of and compliance with part 4 of this article, including resources for employers on prevention of discriminatory employment practices. The commission shall post the information on its website and shall make the information available in an electronic format to all state departments and agencies that interact with private businesses in the state, including the departments of labor and employment, regulatory agencies, revenue, and state and the governor's office of economic development. Those departments and agencies, within existing resources, shall post the information provided by the commission, or links to that information, on their websites.
(d) (I) To hold hearings upon any complaint issued against a respondent pursuant to section 24-34-306; to subpoena witnesses and compel their attendance; to administer oaths and take the testimony of any person under oath; and to compel such respondent to produce for examination any books and papers relating to any matter involved in such complaint. Such hearings may be held by the commission itself, or by any commissioner, or by any administrative law judge appointed by the commission pursuant to part 10 of article 30 of this title, subject to appropriations for such administrative law judges made to the department of personnel; except that, if no administrative law judge is made available within the time limitations set forth in section 24-34-306 (11), the governor shall appoint an administrative law judge at the request of the commission, and such administrative law judge shall be paid out of moneys appropriated to the division. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena in the premises, and the court shall in a proper case issue its subpoena. Refusal to obey such subpoena shall be punishable as contempt.
(II) No person may be excused from attending and testifying or from producing records, correspondence, documents, or other evidence in obedience to a subpoena in any such matter on the ground that the evidence or the testimony required of him may tend to incriminate him or subject him to any penalty or forfeiture. However, no testimony or other information compelled under order from the commission, or other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution and punishment for perjury or false statement committed in so testifying.
(e) To issue such publications and reports of investigations and research as in its judgment will tend to promote goodwill among the various racial, religious, age, and ethnic groups of the state and which will tend to minimize or eliminate discriminatory or unfair practices as specified by parts 3 to 7 of this article. Publications of the commission circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
(f) To prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the commission;
(g) To recommend policies to the governor and to submit recommendations to persons, agencies, organizations, and other entities in the private sector to effectuate such policies;
(h) To make recommendations to the general assembly for such further legislation concerning discrimination as it may deem necessary and desirable;
(i) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article, in the planning and conducting of educational programs designed to eliminate racial, religious, cultural, age, and intergroup tensions;
(i.5) To intervene in racial, religious, cultural, age, and intergroup tensions or conflicts for the purpose of informal mediation using alternative dispute resolution techniques. Such intervention may be made in cooperation with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article.
(j) To adopt an official seal;
(k) (I) To receive reports from people alleging mistreatment in the context of maternity care, including care that is not organized for, and provided to, a person who is pregnant or in the postpartum period as defined in section 12-225-103, in a manner that is culturally congruent; that fails to maintain the person's dignity, privacy, and confidentiality; that fails to ensure freedom from harm and mistreatment; and that fails to enable informed choices and continuous support.
(II) Reports shall be collected in a way to ensure that:
(A) Confidential information can be de-identified;
(B) Individuals can identify mistreatment they experienced based on the following mistreatment index categories: Physical abuse, sexual abuse, verbal abuse, stigma and discrimination, failure to meet professional standards of care, or poor rapport between patients or clients and providers; poor conditions and constraints presented by the health-care system; and obstetric racism;
(C) Numbers of reports based on typology can be generated and shared with the public and other agencies;
(D) An individual may identify any protected class the individual may be part of and that may have factored into the individual's mistreatment;
(E) An individual may indicate what might have been done differently to improve the individual's situation;
(F) An individual may enter narrative information in the individual's own words; and
(G) An individual may voluntarily share the individual's contact information and indicate whether the individual consents to being contacted by the department of regulatory agencies or the department of public health and environment.
(III) The commission shall generate de-identified composite information based on reports submitted pursuant to this subsection (1)(k). Notwithstanding section 24-1-136 (11)(a)(I), no later than July 1, 2025, and no later than July 1 every three years thereafter, the commission shall share the generated de-identified composite information with:
(A) The Colorado maternal mortality review committee created in section 25-52-104 (1);
(B) The house of representatives health and human services committee and the senate health and human services committee, or their successor committees; and
(C) The maternity advisory committee defined in section 25.5-4-506 (1)(b).
(IV) Reports may be shared internally with staff for study, investigation, reports, publications, or hearings.
(2) Any provision of this article to the contrary notwithstanding, no person shall be required to alter, modify, or purchase any building, structure, or equipment or incur any additional expense which would not otherwise be incurred in order to comply with parts 3, 4, 6, and 7 of this article.
(3) In exercising the powers and performing the duties and functions under parts 3 to 7 of this article, the commission, the division, and the director shall presume that the conduct of any respondent is not unfair or discriminatory until proven otherwise.
(4) Whether by rule, regulation, or other action or whether as a remedy for violation of any provision of parts 3 to 7 of this article or otherwise, the commission shall not prescribe or require the implementation of a quota system.
Source: L. 79: Entire part R&RE, p. 924, § 3, effective July 1. L. 80: (1) amended, p. 787, § 21, effective June 5. L. 81: (1)(a) amended, p. 1178, § 9, effective June 10. L. 83: (1)(e) and (1)(f) amended, p. 836, § 48, effective July 1. L. 86: (1)(e) and (1)(i) amended, p. 930, § 3, effective May 8. L. 87: (1)(d)(I) amended, p. 964, § 69, effective March 13. L. 89: Entire section amended, p. 1039, § 3, effective July 1. L. 92: (2) amended, p. 1121, § 2, effective July 1. L. 95: (1)(d)(I) amended, p. 654, § 70, effective July 1. L. 99: (1)(i.5) added, p. 152, § 1, effective August 4. L. 2000: (1)(f) amended, p. 1549, § 19, effective August 2. L. 2009: (1)(b) repealed, (SB 09-110), ch. 238, p. 1083, § 5, effective July 1. L. 2013: (1)(c) amended, (HB 13-1136), ch. 168, p. 554, § 4, effective August 7. L. 2016: (1)(a) amended, (HB 16-1192), ch. 83, p. 234, § 18, effective April 14. L. 2021: (1)(k) added, (SB 21-193), ch. 433, p. 2863, § 7, effective September 7. L. 2024: (1)(k) amended, (HB 24-1262), ch. 393, p. 2709, § 3, effective June 4.
Cross references: For the legislative declaration contained in the 1995 act amending subsection (1)(d)(I), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 24-1262, see section 1 of chapter 393, Session Laws of Colorado 2024.
24-34-306. Charge - complaint - hearing - procedure - exhaustion of administrative remedies. (1) (a) (I) Any person claiming to be aggrieved by a discriminatory or an unfair practice as defined by parts 4 to 7 of this article 34 may, by oneself or through the person's attorney, make, sign, and file with the division a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice, setting forth the particulars of the alleged discriminatory or unfair practice, and containing any other information required by the division.
(II) The division shall include on any charge form or charge intake mechanism an option to select harassment as a basis or description of the type of discriminatory or unfair employment practice that is the subject of the charge.
(b) The commission, a commissioner, or the attorney general on its own motion may make, sign, and file a charge alleging a discriminatory or unfair practice in cases where the commission, a commissioner, or the attorney general determines that the alleged discriminatory or unfair practice imposes a significant societal or community impact. The charge shall be filed in the same manner and shall contain the same information as required for a charge filed by an individual pursuant to paragraph (a) of this subsection (1). When the commission, a commissioner, or the attorney general files a charge pursuant to this paragraph (b), the remedy available for the discriminatory or unfair practice shall be limited to equitable relief to eliminate the discriminatory or unfair practice.
(c) Prior to any other action by the division regarding the charge, the division shall notify the respondent of the charges filed against him or her.
(2) (a) After the filing of a charge alleging a discriminatory or unfair practice as defined by parts 4 to 7 of this article, the director, with the assistance of the division's staff, shall make a prompt investigation of the charge. The director may subpoena witnesses and compel the testimony of witnesses and the production of books, papers, and records if the testimony, books, papers, and records sought are limited to matters directly related to the charge. Any subpoena issued pursuant to this paragraph (a) shall be enforceable in the district court for the district in which the alleged discriminatory or unfair practice occurred and shall be issued only if the person or entity to be subpoenaed has refused or failed, after a proper request from the director, to provide voluntarily to the director the information sought by the subpoena.
(b) The director or the director's designee, who shall be an employee of the division, shall determine as promptly as possible whether probable cause exists for crediting the allegations of the charge, and shall follow one of the following courses of action:
(I) If the director or the director's designee determines that probable cause does not exist, he or she shall dismiss the charge and shall notify the person filing the charge and the respondent of the dismissal. In addition, in the notice, the director or the director's designee shall advise both parties:
(A) That the charging party has the right to file an appeal of the dismissal with the commission within ten days after the date the notification of dismissal is mailed;
(B) That, if the charging party wishes to file a civil action in a district court in this state based on the alleged discriminatory or unfair practice that was the subject of the charge filed with the commission, he or she must do so: Within ninety days after the date the notice specified in this subparagraph (I) is mailed if he or she does not file an appeal with the commission pursuant to sub-subparagraph (A) of this subparagraph (I); or within ninety days after the date the notice that the commission has dismissed the appeal specified in sub-subparagraph (A) of this subparagraph (I) is mailed;
(C) That, if the charging party does not file an action within the time limits specified in sub-subparagraph (B) of this subparagraph (I), the action will be barred, and no district court shall have jurisdiction to hear the action.
(II) If the director or the director's designee determines that probable cause exists, the director or the director's designee shall serve the respondent with written notice stating with specificity the legal authority and jurisdiction of the commission and the matters of fact and law asserted. In addition, the director or the director's designee shall order the charging party and the respondent to participate in compulsory mediation. Immediately after the director or the director's designee serves notice on the respondent, the director or the director's designee shall endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion and by means of the compulsory mediation required by this subparagraph (II).
(c) (Deleted by amendment, L. 2009, (SB 09-110), ch. 238, p. 1083, § 6, effective July 1, 2009.)
(3) The members of the commission and its staff shall not disclose the filing of a charge, the information gathered during the investigation, or the efforts to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion unless such disclosure is made in connection with the conduct of the investigation, in connection with the filing of a petition seeking appropriate injunctive relief against the respondent under section 24-34-507, or at a public hearing or unless the complainant and the respondent agree to such disclosure. Nothing in this subsection (3) shall be construed to prevent the commission from disclosing its final action on a charge, including the reasons for dismissing such charge, the terms of a conciliation agreement, or the contents of an order issued after hearing.
(4) When the director is satisfied that further efforts to settle the matter by conference, conciliation, and persuasion will be futile, he shall so report to the commission. If the commission determines that the circumstances warrant, it shall issue and cause to be served, in the manner provided by section 24-4-105 (2), a written notice and complaint requiring the respondent to answer the charges at a formal hearing before the commission, a commissioner, or an administrative law judge. Such hearing shall be commenced within one hundred twenty days after the service of such written notice and complaint. Such notice and complaint shall state the time, place, and nature of the hearing, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted.
(5) In accordance with rules adopted by the commission, discovery procedures may be used by the commission and the parties under the same circumstances and in the same manner as is provided by the Colorado rules of civil procedure after the notice of hearing under subsection (4) of this section has been given.
(6) The respondent may file a written answer prior to the date of the hearing. When a respondent has failed to answer at a hearing, the commission, a commissioner, or the administrative law judge, as the case may be, may enter his default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry. If the respondent is in default, testimony may be heard on behalf of the complainant. After hearing such testimony, the commission, a commissioner, or the administrative law judge, as the case may be, may enter such order as the evidence warrants.
(7) The commission or the complainant shall have the power to reasonably and fairly amend any complaint, and the respondent shall have like power to amend his answer.
(8) The hearing shall be conducted and decisions rendered in accordance with section 24-4-105; except that the decision shall also include a statement of the reasons why the findings of fact lead to the conclusions. The case in support of the complaint shall be presented at the hearing by one of the commission's attorneys or agents, but no one presenting the case in support of the complaint shall counsel or advise the commission, commissioner, or administrative law judge who hears the case. The director and the staff shall not participate in the hearing except as a witness, nor shall they participate in the deliberations of, or counsel or advise, the commission, commissioner, or administrative law judge in such case. At any such hearing, the person presenting the case in support of the complaint shall have the burden of showing that the respondent has engaged or is engaging in an unfair or discriminatory practice, and the respondent's conduct shall be presumed not to be unfair or discriminatory until proven otherwise.
(9) If, upon all the evidence at a hearing, there is a statement of findings and conclusions in accordance with section 24-4-105, together with a statement of reasons for such conclusions, showing that a respondent has engaged in or is engaging in any discriminatory or unfair practice as defined in parts 4 to 7 of this article, the commission shall issue and cause to be served upon the respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice and to take such action as it may order in accordance with the provisions of parts 4 to 7 of this article.
(10) If, upon all of the evidence at a hearing, there is a statement of findings and conclusions in accordance with section 24-4-105, together with a statement of reasons for such conclusions, showing that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue and cause to be served an order dismissing the complaint on the person alleging such discriminatory or unfair practice.
(11) (a) The jurisdiction of the commission over the complaint ceases if:
(I) Written notice that a formal hearing will be held is not served within four hundred fifty days after the filing of the charge;
(II) The complainant has requested and received a notice of right to sue pursuant to subsection (15) of this section; or
(III) The hearing is not commenced within the one-hundred-twenty-day period prescribed by subsection (4) of this section.
(b) If the jurisdiction of the commission ceases pursuant to subsection (11)(a) of this section, the complainant may seek the relief authorized under this part 3 and parts 4 to 7 of this article 34 against the respondent by filing a civil action in the district court for the district in which the alleged discriminatory or unfair practice occurred. The complainant must file a civil action within ninety days after the date upon which the jurisdiction of the commission ceased. If the complainant fails to file the action within the time specified in this subsection (11)(b), the action is barred, and the district court does not have jurisdiction to hear the action.
(12) The division shall maintain a central file of decisions rendered under parts 3 to 7 of this article, and such file shall be open to the public for inspection during regular business hours.
(13) Any member of the commission and any person participating in good faith in the making of a complaint or a report or in any investigative or administrative proceeding authorized by parts 3 to 7 of this article shall be immune from liability in any civil action brought against him for acts occurring while acting in his capacity as a commission member or participant, respectively, if such individual was acting in good faith within the scope of his respective capacity, made a reasonable effort to obtain the facts of the matter as to which he acted, and acted in the reasonable belief that the action taken by him was warranted by the facts.
(14) No person may file a civil action in a district court in this state based on an alleged discriminatory or unfair practice prohibited by parts 4, 5, and 7 of this article 34 and excluding part 6 of this article 34 and section 24-34-505.6 without first exhausting the proceedings and remedies available to the person under this part 3 unless the person shows, in an action filed in the appropriate district court, by clear and convincing evidence, that the person's ill health which is of such a nature that pursuing administrative remedies would not provide timely and reasonable relief and would cause irreparable harm. This subsection (14) does not apply to civil actions filed in district court based on alleged discriminatory or unfair practices prohibited by either part 6 of this article 34 or section 24-34-505.6.
(15) The charging party in any action may request the division to issue a written notice of right to sue at any time prior to service of a notice and complaint pursuant to subsection (4) of this section. The charging party shall make the request for notice of right to sue in writing. The division shall promptly grant a claimant's request for notice of right to sue made after the expiration of one hundred eighty days following the filing of the charge. If a claimant makes a request for a notice of right to sue prior to the expiration of one hundred eighty days following the filing of the charge, the division shall grant the request upon a determination that the investigation of the charge will not be completed within one hundred eighty days following the filing of the charge. A notice of right to sue shall constitute final agency action and exhaustion of administrative remedies and proceedings pursuant to this part 3.
Source: L. 79: Entire part R&RE, p. 925, § 3, effective July 1. L. 87: (4), (6), (8), and (11) amended, p. 965, § 70, effective March 13. L. 89: (2), (6), and (11) amended and (13) and (14) added, pp. 1039, 1041, §§ 4, 5, effective July 1. L. 91: (2)(a) amended and (2)(c) added, p. 1373, § 1, effective June 4. L. 93: (11) amended and (15) added, p. 554, § 1, effective April 29. L. 96: (2)(a) and (2)(c) amended, p. 343, § 3, effective April 16. L. 2002: (2)(c) amended, p. 129, § 1, effective March 26. L. 2009: (1), (2), and (15) amended, (SB 09-110), ch. 238, p. 1083, § 6, effective July 1. L. 2022: (11) amended, (HB 22-1367), ch. 473, p. 3456, § 2, effective August 10. L. 2023: (14) amended, (HB 23-1032), ch. 271, p. 1613, § 1, effective May 25; (1)(a) amended, (SB 23-172), ch. 389, p. 2323, § 2, effective August 7.
Editor's note: Section 7(2) of chapter 389 (SB 23-172), Session Laws of Colorado 2023, provides that the act changing this section applies to employment practices occurring on or after August 7, 2