Colorado Alarm & Security Licensing Law

Colorado Code · 48 sections

The following is the full text of Colorado’s alarm & security licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 1-7-513.5

1-7-513.5. Voting equipment - security. (1) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system in a location where entry is controlled by use of a key card access system. The designated election official shall ensure that the log created by the system is maintained as an election record for twenty-five months following the date of any entry.

(2)  Except as otherwise provided in subsection (5) of this section, no later

than June 30, 2023, the designated election official shall keep all components of a voting system under video security surveillance recording. The designated election official shall ensure that video captured beginning sixty days before through thirty days after an election in which the voting system is used is maintained as an election record for twenty-five months following the election. The designated election official shall ensure that video captured outside this period is maintained for twenty-five months following the date the video was captured.

(3)  The designated election official is not required to follow the

requirements of subsections (1) and (2) of this section when voting system components are deployed for use or stored at a voting service and polling center.

(4)  A county clerk may apply to the secretary of state for a waiver of the

requirements of subsection (1) of this section based on historical building status or similar physical limitations. If the secretary finds the clerk has provided an alternative equivalent physical security system for components of a voting system, the secretary of state may grant the waiver.

(5)  If the designated election official is unable to satisfy the requirements of

subsections (1) and (2) of this section by June 30, 2023, due to delays in the delivery of necessary equipment that are out of the control of the designated election official, the designated election official shall notify and provide proof of the delay to the secretary of state, and the designated election official is required to satisfy the requirements of subsections (1) and (2) of this section as soon as practicable.

(6)  The secretary of state may promulgate rules necessary for the

implementation of this section in accordance with article 4 of title 24.

(7) (a)  For the 2022-23 state fiscal year, the general assembly shall

appropriate:

(I)  One million dollars from the general fund to the department of state to

administer a grant program, which is hereby created and consists of such general fund appropriation, to provide assistance to counties in complying with the security requirements of the Colorado Election Security Act; and

(II)  One hundred seventeen thousand dollars from the department of state

cash fund to the department of state to assist the state and counties with assessing potential risks to the proper administration of elections.

(b)  For the 2023-24 state fiscal year and each state fiscal year thereafter,

the general assembly shall make appropriations from the department of state cash fund to the department of state for the purpose of assisting the state and counties with assessing potential risks to the proper administration of elections.

Source: L. 2022: Entire section added, (SB 22-153), ch. 322, p. 2281, � 13,

effective June 2.

Cross references: For the short title (Colorado Election Security Act) and

the legislative declaration in SB 22-153, see sections 1 and 2 of chapter 322, Session Laws of Colorado 2022.

C.R.S. § 12-115-116

12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes.

(2)  Nothing in this article 115 shall be construed to require any individual to

hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein.

(3) (a)  Nothing in this article 115 requires a regular employee of a firm or

corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if:

(I)  The firm or corporation employing the employee performing the work has

all the electrical work installed in conformity with the minimum standards as set forth in this article 115;

(II)  The work is subject to inspection by the board or its inspectors by request

in writing in accordance with section 12-115-120; and

(III)  The property of the firm or corporation is not generally open to the

public.

(b)  Neither a license for the firm or corporation, nor an inspection by the

board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section.

(4)  If the property of any person, firm, or corporation is: Rental property or is

developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115.

(5)  Nothing in this article 115 shall be construed to cover the installation,

maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(6) (a)  Nothing in this article 115 shall be construed to require an individual to

hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith.

(b)  Nothing in this article 115 shall be construed to require any firm or

corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required.

(c)  For the purposes of this subsection (6), maintenance or repair of existing

facilities means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose.

(7)  An individual, firm, copartnership, or corporation may engage in business

as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician.

(8)  Any person who plugs in any electrical appliance where an approved

electrical outlet is already installed shall not be considered an installer.

(9)  No provision of this article 115 shall in any manner interfere with, hamper,

preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected.

(10)  The provisions of this article 115 shall not be applicable to the

installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes.

(11)  Repealed.


(12)  Inasmuch as electrical licensing and the examination of persons

performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration.

(13)  The provisions of this article 115 shall not be applicable to any surface or

subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the Federal Mine Safety and Health Amendments Act of 1977, Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board.

(14) (a)  The permit and inspection provisions of this article 115 do not apply

to:

(I)  Installations under the exclusive control of electric utilities for the

purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or

(II)  Load control devices for electrical hot water heaters that are owned,

leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company.

(b)  This subsection (14) does not exempt any premises wiring on buildings,

structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.

(15)  Nothing in this article 115 shall be construed to:


(a)  Cover the installation, maintenance, repair, or alteration of security

systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(b)  Cover the installation, maintenance, repair, or alteration of electronic

computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(c) (I)  Except to the extent that a communication system's cables and

systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including:

(A)  Telephone and telegraph systems not exempted as utilities in subsection

(1) of this section;

(B)  Radio and television receiving and transmitting equipment and stations;

and

(C)  Antenna systems other than community antenna television systems

beyond the terminals of the controllers.

(II)  The contractors performing any installation, maintenance, repair, or

alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115.

(d)  Cover the installation, maintenance, repair, or alteration of electric signs,

cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(e)  Cover the installation, maintenance, repair, or alteration of equipment and

wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(f)  Require either that employees of the federal government who perform

electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115;

(g)  Require licensing that covers the installation, maintenance, repair, or

alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting.

(16)  Nothing in this article 115 applies to:


(a) (I)  The installation, maintenance, repair, or alteration of class 2 and class

3 remote-control, signaling, and power-limited circuits, as defined by the national electrical code; or

(II)  Contractors or their employees performing any installation, maintenance,

repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or

(b)  The installation, maintenance, repair, or alteration of traffic signals or

requires licensure for that work.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

854, � 1, effective October 1; (3), (4), IP(14)(a), (14)(a)(II), and (15)(c) amended, (11) repealed, and (16) added, (SB 19-156), ch. 346, p. 3204, � 15, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-111 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

C.R.S. § 12-120-403

12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following:

(a)  One-, two-, three-, and four-family dwellings, including accessory

buildings commonly associated with those dwellings;

(b)  Garages, industrial buildings, offices, farm buildings, and buildings for

the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons;

(c)  Additions, alterations, or repairs to the buildings referred to in

subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1);

(d)  Nonstructural alterations of any nature to any building if the alterations

do not affect the life safety of the occupants of the building.

(2)  Nothing in this part 4 shall prevent, prohibit, or limit any municipality or

county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county.

(3)  Nothing in this part 4 shall be construed as curtailing or extending the

rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12.

(4)  Nothing in this part 4 shall be construed as prohibiting the practice of

architecture by any employee of the United States government or any bureau, division, or agency of the United States government while in the discharge of the employee's official duties.

(5)  Nothing in this part 4 shall be construed to prevent the independent

employment of a licensed professional engineer practicing pursuant to part 2 of this article 120.

(6) (a)  Except as provided in subsection (6)(b) of this section, nothing in this

part 4 prevents an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which city, city and county, or regional building authority may approve the filing in the same manner as for other professions and may only reject the filing for a reason provided in law, which reason may be based on a local government's ordinance, resolution, or building code adoption policy.

(b) (I)  Interior designers shall not be engaged in the construction of:


(A)  The structural frame system supporting a building;


(B)  Mechanical, plumbing, heating, air conditioning, ventilation, or electrical

vertical transportation systems;

(C)  Fire-rated vertical shafts in any multistory structure;


(D)  Fire-related protection of structural elements;


(E)  Smoke evacuation and compartmentalization;


(F)  Emergency sprinkler systems;


(G)  Emergency alarm systems; or


(H)  Any other alteration affecting the life safety of the occupants of a

building outside the content of the interior design documents and specifications listed in subsection (6)(a) of this section.

(II)  An interior designer shall, as a condition of filing interior design

documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force. An interior designer is not subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section.

(c)  As used in this subsection (6), interior designer means a person who:


(I)  Engages in:


(A)  Consultation, study, design analysis, drawing, space planning, and

specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building;

(B)  Preparing and submitting interior design documents for the purpose of

obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;

(C)  Designing for fabrication nonstructural elements within and surrounding

interior spaces of buildings; or

(D)  The administration of design construction and contract documents, as

the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and

(II)  Possesses written documentation that the interior designer:


(A) and (B)  (Deleted by amendment, L. 2020.)


(C)  Has met the education and experience requirements of, and has

subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization; and

(D)  Maintains active certification with the Council for Interior Design

Qualification or its successor organization.

(d)  As used in this subsection (6), nonstructural or nonseismic includes

interior elements or components that are not load bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(7)  Nothing in this article 120 shall prohibit a person who is licensed to

practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project.

(8)  Nothing in this section authorizes an individual, including an individual

authorized to engage in conduct under subsection (6) of this section, to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign, or seal plans with respect to such practice or in connection with any governmental permit unless the individual is licensed or otherwise permitted by law to so act.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

907, � 1, effective October 1. L. 2020: (6)(a), (6)(b), (6)(c)(II), and (6)(d) amended and (8) added, (HB 20-1165), ch. 102, p. 391, � 1, effective September 14. L. 2024: (4) amended, (HB 24-1329), ch. 342, p. 2317, � 21, effective August 7.

Editor's note: This section is similar to former � 12-25-303 as it existed prior

to 2019.

C.R.S. § 13-21-113.7

13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration. (1) A volunteer firefighter or volunteer who, in good faith, takes part in firefighting efforts or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency; any incident management team; and any person who, in good faith, commands, directs, employs, sponsors, or represents any such volunteer firefighter, volunteer, or incident management team shall not be liable for civil damages as a result of an act or omission by such volunteer firefighter, volunteer, incident management team, or other person in connection with the emergency or with activities described in section 33-1-102 (1.3); except that this exemption shall not apply to grossly negligent, willful, wanton, or reckless acts or omissions.

(2)  As used in this section:


(a)  Emergency means any incident to which a response by a fire

department or incident management team is appropriate or requested, including, without limitation:

(I)  A fire, fire alarm response, motor vehicle accident, rescue call, or

hazardous materials incident;

(II)  A natural or man-made disaster such as an earthquake, flood, or severe

weather event;

(III)  A terrorist attack; or


(IV)  An outbreak of a harmful biological agent or infectious disease.


(b)  Fire department has the meaning set forth in section 24-33.5-1202,

C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S.

(c)  Incident management team means an ad hoc or standing team of

trained personnel from different departments, organizations, agencies, and jurisdictions, including persons engaged in backcountry search and rescue efforts as defined in section 33-1-102 (1.3), activated to manage the logistical, fiscal, planning, operational, safety, and community issues related to an emergency or other incident.

(c.5)  Volunteer has the meaning as set forth in section 13-21-115.5.


(d)  Volunteer firefighter has the meaning set forth in section 31-30-1102,

C.R.S., and includes volunteer firefighters of not-for-profit nongovernmental entities that are organized to provide firefighting services.

(3)  The general assembly intends that the provisions of this section and of

the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the Colorado Governmental Immunity Act, the provision that grants the greatest immunity shall prevail.

(4)  Nothing in this section alters the protections set forth in section 12-315-117, 13-21-108, 13-21-115.5, or 24-33.5-1505.


Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, � 2,

effective June 3. L. 2014: (1) amended and (2)(c.5) and (4) added, (SB 14-138), ch. 55, p. 252, � 1, effective March 21. L. 2015: (2)(b) amended, (HB 15-1017), ch. 3, p. 8, � 5, effective March 11. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1664, � 70, effective October 1. L. 2022: (1) and (2)(c) amended, (SB 22-168), ch. 296, p. 2119, � 3, effective June 1.

Editor's note: Subsection (2)(c.5) was numbered as (2)(e) in Senate Bill 14-138 but has been renumbered on revision for ease of location.


Cross references: In 2009, this section was added by the Marc Mullinex

Volunteer Firefighter Protection Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009.

C.R.S. § 15-11-206

15-11-206. Decedent's nonprobate transfers to the surviving spouse. Excluding property passing to the surviving spouse under the federal social security system after the decedent's date of death, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:

(1)  The decedent's fractional interest in property held as a joint tenant with

the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;

(2)  The decedent's ownership interest in property or accounts held in POD,

TOD, or co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and

(3)  All other property that would have been included in the augmented

estate under section 15-11-205 (1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.

Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1226, � 2,

effective August 6.

Editor's note: This section is similar to former � 15-11-202 (2)(c) as it existed

prior to 2014.

Cross references: For protected persons and protective proceedings, see

article 14 of this title.

C.R.S. § 15-11-207

15-11-207. Surviving spouse's property and nonprobate transfers to others. (1) Except to the extent included in the augmented estate under section 15-11-204 or 15-11-206, the value of the augmented estate includes the value of:

(a)  Property that was owned by the decedent's surviving spouse at the

decedent's death, including:

(I)  The surviving spouse's fractional interest in real property held in joint

tenancy with the right of survivorship created during the marriage to the decedent, except as provided in section 15-11-208, and the surviving spouse's fractional interest in personal property held by the surviving spouse in joint tenancy with the right of survivorship;

(II)  The surviving spouse's ownership interest in property or accounts held in

POD, TOD, or co-ownership registration with the right of survivorship; and

(III)  Property that passed to the surviving spouse by reason of the decedent's

death but not including the spouse's right to family allowance, exempt property, or payments under the federal social security system after the decedent's date of death; and

(b)  Property that would have been included in the surviving spouse's

nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subparagraphs (I) and (II) of paragraph (a) of this subsection (1) had the spouse been the decedent.

(2)  Property included under this section is valued at the decedent's death,

taking the fact that the decedent predeceased the spouse into account, but for purposes of subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section, the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of this subsection (2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under section 15-11-205 (1)(d) are not valued as if he or she were deceased.

(3)  The value of property included under this section is reduced by

enforceable claims against the surviving spouse.

Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1226, � 2,

effective August 6.

Editor's note: This section is similar to former � 15-11-202 (2)(d) as it existed

prior to 2014.

Cross references: For rights of election, see � 15-11-201; for right to exempt

property and family allowance, see �� 15-11-403 and 15-11-404.

C.R.S. § 15-11-208

15-11-208. Exclusions, valuations, and overlapping application. (1) Exclusions. (a) The value of any property is excluded from the decedent's nonprobate transfers to others:

(I)  To the extent the decedent received adequate and full consideration in

money or money's worth for a transfer of the property; or

(II)  If the property was transferred with the written joinder of, or if the

transfer was consented to in writing by, the surviving spouse; or

(III)  If the property was transferred to a bona fide purchaser.


(b)  For purposes of this subsection (1), in the absence of a finding of a

contrary intent, joinder in the filing of a gift tax return does not constitute consent or joinder.

(c)  Any life insurance maintained pursuant to a marriage dissolution

settlement agreement or court order or any distribution from a plan qualified under section 401 (a) of the federal Internal Revenue Code of 1986, as amended, is excluded from the decedent's nonprobate transfers to others to the extent such items are payable to a person other than the surviving spouse.

(d)  Life insurance, accident insurance, pension, profit sharing, retirement,

and other benefit plans payable to persons other than the decedent's surviving spouse or the decedent's estate are excluded from the augmented estate.

(e)  Any completed transfers made by the decedent prior to July 1, 1974, are

excluded from the decedent's nonprobate transfers to others.

(f)  Any fractional interest in real property held in joint tenancy with the right

of survivorship, if such joint tenancy was created by a donative transfer by someone other than the decedent or the surviving spouse, is excluded from the augmented estate.

(2)  Valuations. The value of property:


(a)  Included in the augmented estate under section 15-11-205, 15-11-206, or

15-11-207 is reduced in each category by enforceable claims against the included property; and

(b)  Includes the commuted value of any present or future interest and the

commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system.

(3)  Overlapping application - no double inclusion. In case of overlapping

application to the same property of the provisions of section 15-11-205, 15-11-206, or 15-11-207, the property is included in the augmented estate under the provision yielding the highest value and under only one overlapping provision if they all yield the same value.

(4)  Community property. If there is a disparity between the titling of

property pursuant to sections 15-11-204, 15-11-205, 15-11-206, and 15-11-207 and the ownership of the property pursuant to article 20 of title 15, then the community property ownership controls and one-half of the community property must be included pursuant to sections 15-11-204, 15-11-205, 15-11-206, and 15-11-207, as applicable, and any administrative expenses relating to and enforceable claims against the community property must be allocated equally between the decedents and the surviving spouse's shares of the community property.

Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1227, � 2,

effective August 6. L. 2023: (4) added, (SB 23-100), ch. 30, p. 106, � 2, effective July 1.

Editor's note: This section is similar to former � 15-11-202 (3) as it existed

prior to 2014.

C.R.S. § 17-1-119

17-1-119. Lethal perimeter security systems for correctional facilities - governmental immunity - limitations. (1) The general assembly hereby finds and declares that the installation and operation of electrified, lethal perimeter security systems at certain state correctional facilities will enhance the safety of the citizens of this state and will result in reduced costs for operating such correctional facilities.

(2)  The department is authorized, through its agents and contractors, to

design and construct electrified, lethal perimeter security systems at correctional facilities to be managed, operated, supervised, and controlled by the department if the department determines the use of such security systems to be necessary and appropriate.

(3)  The department, any agent of the department, or contractor hired by the

department for the design and construction of an electrified, lethal perimeter security system at a state correctional facility shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions in regard to any and all claims arising from the design and construction, consistent with the design approved by the department, of the lethal aspect of such security system.

(4)  The provisions of subsection (3) of this section shall be construed as a

specific exception for independent contractors hired to design and construct electrified, lethal perimeter security systems at state correctional facilities from the general exclusion of independent contractors from the protections of governmental immunity provided in article 10 of title 24, C.R.S.

Source: L. 97: Entire section added, p. 1587, � 3, effective June 4.

C.R.S. § 18-12-502

18-12-502. Gun show promoters - requirements - penalties. [Editor's note: This version of this part is effective January 1, 2026.]

(1) (a) For each gun show organized and operated by a gun show promoter, the promoter shall prepare a security plan. The security plan must include:

(I)  A list of gun show vendors who will participate in the gun show;


(II)  The estimated number of attendees;


(III)  The number of security personnel retained by the gun show promoter to

provide security at the gun show, including the number of security personnel who are certified by the peace officer standards and training board created in section 24-31-302; and

(IV)  A floor plan or layout of the event that includes information about the

location of the entrances and exits and the location of video cameras that provide video surveillance of the gun show.

(b)  Pursuant to subsection (2)(a)(II) of this section, a gun show promoter shall

submit the security plan to each local law enforcement agency with jurisdiction over the gun show.

(2) (a)  For each gun show organized and operated by a promoter, the

promoter shall:

(I)  Have in full force and effect a liability insurance policy that covers losses

or damages of at least one million dollars to all persons, arising from an incident that results in injury to a person other than the insured, while the person is in attendance at the gun show. The liability insurance policy must be from an insurer authorized to do business in Colorado or a nonadmitted insurer, as defined in section 10-5-101.2.

(II)  No later than fourteen days before the gun show, submit the security

plan required by subsection (1) of this section to each local law enforcement agency with jurisdiction over the gun show;

(III)  Obtain, at least three days before the gun show, and retain for six

months after the gun show a certification from each gun show vendor that complies with the requirements of section 18-12-504;

(IV)  Ensure that all entrances and exits, including fire exits, are either

guarded by security personnel or equipped with an alarm system;

(V)  Provide video surveillance of the gun show parking area and of the main

entrance and main exit during the entire time a gun show promoter has access to the venue, including during vendor setup and takedown, and maintain recordings of the surveillance for six months after the gun show. If the venue conducts video surveillance of the gun show parking area, the gun show promoter is not required to provide additional video surveillance, but the promoter must retain the video surveillance recordings for six months after the gun show as required in this subsection (2)(a)(V).

(VI)  Ensure that each firearm brought into the gun show by a person other

than a gun show vendor, security personnel, or the gun show promoter is checked and tagged. The tag must state that all firearm transfers between private parties at the show must be conducted through a licensed dealer. In order to bring a firearm into a gun show, a person must sign the tag and the tag must remain on the firearm for the entire time the firearm is at the gun show.

(VII)  Prohibit a person under the age of eighteen from entering the gun show

unless the person is accompanied by a parent, grandparent, or guardian; except that a promoter may allow a member of the United States armed forces or Colorado National Guard who is on active duty and who is under eighteen years of age to enter the gun show without a parent, grandparent, or guardian upon the member presenting a valid military identification card that demonstrates that the person is a member of the United States armed forces or Colorado National Guard;

(VIII)  For each customer who leaves the gun show with a purchased firearm,

check that the firearm was delivered in compliance with the waiting period required in section 18-12-115 by requiring a person leaving the gun show with a purchased firearm to demonstrate that the waiting period was complied with or that an exception applies; and

(IX)  Post the following notices at each entrance and conspicuously at

locations throughout the gun show:

(A)  A notice that states: No one may transfer a firearm without first

obtaining a background check through a licensed gun dealer if any part of the transaction occurs on these premises, including the parking facilities. Section 18-12-506, Colorado Revised Statutes; and

(B)  A notice that a firearm left in an unattended vehicle is required to be

secured in the vehicle in accordance with section 18-12-114.5.

(b)  A gun show promoter who violates a requirement described in subsection

(2)(a) of this section commits unlawful gun show management. Unlawful gun show management is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and, in addition to a penalty imposed in accordance with section 18-1.3-501, the promoter is also prohibited from acting as a gun show promoter for five years, beginning on the date of the conviction for the second or subsequent offense.

Source: L. 2025: Entire part R&RE, (HB 25-1238), ch. 93, p. 418, � 2, effective

January 1, 2026.

Editor's note: Prior to its repeal and reenactment, this section was similar to

former � 12-26.1-102 as it existed prior to 2018.

C.R.S. § 18-3-204

18-3-204. Assault in the third degree. (1) A person commits the crime of assault in the third degree if:

(a)  The person knowingly or recklessly causes bodily injury to another

person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b)  The person, with intent to harass, annoy, threaten, or alarm another

person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

(2)  Repealed.


(3)  Assault in the third degree is a class 1 misdemeanor.


(4)  Repealed.


Source: L. 71: R&RE, p. 421, � 1. C.R.S. 1963: � 40-3-204. L. 77: Entire section

amended, p. 961, � 10, effective July 1. L. 2004: Entire section amended, p. 635, � 4, effective August 4. L. 2009: Entire section amended, (HB 09-1120), ch. 305, p. 1649, � 1, effective July 1. L. 2011: (1)(b) amended and (4) added, (HB 11-1105), ch. 250, p. 1088, � 2, effective August 10. L. 2012: (1)(b) amended, (HB 12-1059), ch. 271, p. 1435, � 13, effective July 1. L. 2015: (2) R&RE and (4) repealed, (SB 15-126), ch. 109, p. 317, � 2, effective July 1; (1)(b) amended and (4) repealed, (SB 15-067), ch. 337, p. 1367, � 3, effective September 1. L. 2016: (2) repealed, (HB 16-1393), ch. 304, p. 1226, � 5, effective July 1. L. 2022: (3) amended, (HB 22-1229), ch. 68, p. 344, � 20, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of

Colorado 2022, provides that the act amending subsection (3) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

C.R.S. § 18-4-407

18-4-407. Questioning of person suspected of theft without liability. If any person triggers an alarm or a theft detection device as defined in section 18-4-417 (2) or conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

Source: L. 71: R&RE, p. 429, � 1. C.R.S. 1963: � 40-4-407. L. 2001: Entire

section amended, p. 512, � 1, effective July 1.

C.R.S. § 18-7-301

18-7-301. Public indecency. (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:

(a)  An act of sexual intercourse; or


(b)  (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, � 1,

effective August 11, 2010.)

(c)  A lewd exposure of an intimate part as defined by section 18-3-401 (2) of

the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or

(d)  A lewd fondling or caress of the body of another person; or


(e)  A knowing exposure of the person's genitals to the view of a person

under circumstances in which such conduct is likely to cause affront or alarm to the other person.

(2)  Public indecency is a petty offense.


(3)  (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, � 1,

effective August 11, 2010.)

Source: L. 71: R&RE, p. 453, � 1. C.R.S. 1963: � 40-7-301. L. 2008: (1)(d)

amended and (1)(e) and (3) added, p. 1716, �� 1, 2, effective July 1. L. 2010: Entire section amended, (HB 10-1334), ch. 359, p. 1707, � 1, effective August 11. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3194, � 269, effective March 1, 2022.

C.R.S. § 18-7-302

18-7-302. Indecent exposure - definitions. (1) A person commits indecent exposure:

(a)  If he or she knowingly exposes his or her genitals to the view of any

person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person;

(b)  If he or she knowingly performs an act of masturbation in a manner which

exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

(2) (a)  (Deleted by amendment, L. 2003, p. 1435, � 31, effective July 1, 2003.)


(b)  Indecent exposure is a class 1 misdemeanor.


(3)  (Deleted by amendment, L. 2002, p. 1587, � 21, effective July 1, 2002.)


(4)  Indecent exposure is a class 6 felony if the violation is committed:


(a)  Subsequent to two prior convictions of a violation of this section or of a

violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance; or

(b)  When the person who commits indecent exposure knew there was a child

in view of the act and the person is more than eighteen years of age and more than four years older than the child.

(5)  As used in this section, unless the context otherwise requires:


(a)  Child means a person under fifteen years of age.


(b)  Masturbation means the real or simulated touching, rubbing, or

otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.

Source: L. 72: p. 275, � 4. C.R.S. 1963: � 40-7-302. L. 77: (1) amended, p. 965,

� 36, effective July 1. L. 94: (2) amended and (3) and (4) added, p. 1721, � 18, effective July 1. L. 95: (2) to (4) amended, p. 1254, � 15, effective June 3. L. 2002: (2)(b), (3), and (4) amended, p. 1587, � 21, effective July 1. L. 2003: (2) and (4) amended, p. 1435, � 31, effective July 1. L. 2010: (1) amended and (5) added, (HB 10-1334), ch. 359, p. 1708, � 2, effective August 11. L. 2023: (4) and (5) amended, (HB 23-1135), ch. 422, p. 2479, � 1, effective June 7.

PART 4

CHILD PROSTITUTION

Editor's note: This part 4 was repealed in 1977 and was subsequently

recreated and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. This part 4 was not amended prior to its repeal in 1977. For the text of this part 4 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

C.R.S. § 18-8-111

18-8-111. False reporting to authorities - false reporting of an emergency - definition. (1) (a) A person commits false reporting to authorities if:

(I)  He or she knowingly:


(A)  Causes by any means, including but not limited to activation, a false

alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property; or

(B)  Prevents by any means, including but not limited to deactivation, a

legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property; or

(II)  He or she makes a report or knowingly causes the transmission of a

report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; or

(III)  He or she makes a report or knowingly causes the transmission of a

report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or

(IV)  Repealed.


(b)  False reporting to authorities is a class 2 misdemeanor.


(c)  Repealed.


(2) (a)  A person commits false reporting of an emergency if he or she

knowingly commits an act in violation of subsection (1) of this section that includes a knowing false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.

(b) (I)  Except as otherwise provided in this subsection (2)(b), false reporting

of an emergency is a class 2 misdemeanor.

(II)  False reporting of an emergency is a class 1 misdemeanor, if:


(A)  The threat causes the occupants of a building, place of assembly, or

facility of public transportation to be evacuated or to be issued a shelter-in-place order, the threat causes any disruptions or impacts to regular activities, or the threat results in the initiation of a standard response protocol in response to the false report; or

(B)  The emergency response results in bodily injury of another person.


(III)  False reporting of an emergency is a class 4 felony if the emergency

response results in serious bodily injury of another person.

(IV)  False reporting of an emergency is a class 3 felony if the emergency

response results in the death of another person.

(c)  Upon a conviction pursuant to this subsection (2), in addition to any other

sentence imposed or restitution ordered, the court shall sentence the defendant to pay restitution in an amount equal to the cost of any emergency response or evacuation, including but not limited to fire and police response, emergency medical service or emergency preparedness response, and transportation of any individual from the building, place of assembly, or facility of public transportation.

(d)  It is not a defense to a prosecution pursuant to this subsection (2) that

the defendant or another person did not have the intent or capability of committing the threatened or reported act.

(3)  For purposes of subsections (1) and (2) of this section, the offense is

committed and the defendant may be tried in the county where the defendant made the report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report.

(4)  A violation of this section does not preclude a conviction for a violation of

any other criminal offense.

Source: L. 71: R&RE, p. 456, � 1. C.R.S. 1963: � 40-8-111. L. 77: (1)(b) and (1)(c)

amended, p. 965, � 39, effective July 1. L. 86: (2) amended, p. 771, � 9, effective July 1. L. 96: (1)(c) amended and (1)(d) and (3) added, pp. 1840, 1841, �� 2, 3, effective July 1. L. 97: (3) amended, p. 1541, � 6, effective July 1. L. 2012: (1)(a) and (2) amended, (HB 12-1304), ch. 237, p. 1049, � 2, effective May 29. L. 2018: Entire section amended, (SB 18-068), ch. 401, p. 2370, � 1, effective July 1. L. 2021: (1)(b), (2)(b)(I), and IP(2)(b)(II) amended, (SB 21-271), ch. 462, p. 3195, � 277, effective March 1, 2022; (1)(a)(IV)(B) and (1)(c)(II) added by revision, (SB 21-271), ch. 462, pp. 3195, 3331, �� 277, 803. L. 2023: (2)(b)(II)(A) amended, (SB 23-249), ch. 418, p. 2470, � 3, effective June 7.

Editor's note: Subsections (1)(a)(IV)(B) and (1)(c)(II) provided for the repeal of

subsections (1)(a)(IV) and (1)(c), respectively, effective March 1, 2022. (See L. 2021, pp. 3195, 3331.)

Cross references: For the legislative declaration in the 2012 act amending

subsections (1)(a) and (2), see section 1 of chapter 237, Session Laws of Colorado 2012.

C.R.S. § 18-9-106

18-9-106. Disorderly conduct. (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(a)  Makes a coarse and obviously offensive utterance, gesture, or display in a

public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or

(b)  (Deleted by amendment, L. 2000, p. 708, � 39, effective July 1, 2000.)


(c)  Makes unreasonable noise in a public place or near a private residence

that he has no right to occupy; or

(d)  Fights with another in a public place except in an amateur or professional

contest of athletic skill; or

(e)  Not being a peace officer, discharges a firearm in a public place except

when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or

(f)  Not being a peace officer, displays a real or simulated firearm, displays

any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.

(2)  Repealed.


(3) (a)  An offense pursuant to subsection (1)(a) or (1)(c) of this section is a

petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.

(b)  An offense pursuant to subsection (1)(d) of this section is a petty offense.


(c)  An offense pursuant to subsection (1)(f) of this section is a class 2

misdemeanor.

(d)  An offense pursuant to subsection (1)(e) of this section is a class 1

misdemeanor.

Source: L. 71: R&RE, p. 467, � 1. C.R.S. 1963: � 40-9-106. L. 72: p. 275, � 8. L.

81: (1)(a) amended, p. 1010, � 1, effective April 24. L. 2000: IP(1), (1)(b), and (1)(f) amended, pp. 696, 708, �� 11, 39, effective July 1. L. 2006: (3) amended, p. 1198, � 3, effective May 26; (2) repealed, p. 1493, � 21, effective June 1. L. 2014: (1)(e) amended, (HB 14-1059), ch. 22, p. 153, � 1, effective March 7. L. 2021: (1)(f) and (3) amended, (SB 21-271), ch. 462, p. 3201, � 308, effective March 1, 2022.

Editor's note: In Snyder v. Phelps, 562 U.S. 443 (2011), the United States

Supreme Court held that the first amendment shielded military funeral protesters from tort liability for their picketing because the picketing constituted speech on matters of public concern and because the father of the deceased was not a member of a captive audience.

Cross references: (1)  For affirmative defenses generally, see �� 18-1-407, 18-1-710, and 18-1-805.


(2)  In 2006, subsection (3) was amended by the Right to Rest in Peace Act.

For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.

C.R.S. § 18-9-111

18-9-111. Harassment - Kiana Arellano's Law. (1) A person commits harassment if, with intent to harass, annoy, or alarm another person, the person:

(a)  Strikes, shoves, kicks, or otherwise touches a person or subjects him to

physical contact; or

(b)  In a public place directs obscene language or makes an obscene gesture

to or at another person; or

(c)  Follows a person in or about a public place; or


(d)  Repealed.


(e)  Directly or indirectly initiates communication with a person or directs

language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or

(f)  Makes a telephone call or causes a telephone to ring repeatedly, whether

or not a conversation ensues, with no purpose of legitimate conversation; or

(g)  Makes repeated communications at inconvenient hours that invade the

privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

(h)  Repeatedly insults, taunts, challenges, or makes communications in

offensively coarse language to another in a manner likely to provoke a violent or disorderly response; or

(i)  Wrongfully interferes with a transit worker performing a lawful duty.


(1.5)  As used in this section, unless the context otherwise requires,

obscene means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.

(2) (a)  A person who violates subsection (1)(a), (1)(c), or (1)(i) of this section or

violates subsection (1) of this section with the intent to intimidate or harass another person, in whole or in part, because of that person's actual or perceived race; color; religion; ancestry; national origin; physical or mental disability, as defined in section 18-9-121; sexual orientation, as defined in section 18-9-121; or transgender identity commits a class 1 misdemeanor.

(b)  A person who violates subsection (1)(e), (1)(f), (1)(g), or (1)(h) of this section

commits a class 2 misdemeanor.

(c)  A person who violates subsection (1)(b) of this section commits a petty

offense.

(3)  Any act prohibited by paragraph (e) of subsection (1) of this section may

be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, or other electronic communication was either made or received.

(4) to (6)  Repealed.


(7)  Paragraph (e) of subsection (1) of this section shall be known and may be

cited as Kiana Arellano's Law.

(8)  This section is not intended to infringe upon any right guaranteed to any

person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.

Source: L. 71: R&RE, p. 469, � 1. C.R.S. 1963: � 40-9-111. L. 76: (1)(e) R&RE and

(1.5) added, p. 561, �� 1, 2, effective May 21. L. 81: (1)(e) amended, p. 981, � 6, effective May 13. L. 90: (1)(d) repealed, p. 926, � 11, effective March 27. L. 92: (2) amended and (4) to (6) added, p. 413, � 1, effective July 1. L. 93: (5)(a) amended and (5)(a.5) added, p. 1703, � 1, effective July 1. L. 94: IP(1), (1)(g), and (1)(h) amended, p. 1463, � 3, effective July 1; (4) and (5) amended, p. 2018, � 1, effective July 1; (5)(b) amended, p. 1719, � 14, effective July 1. L. 95: (5) amended, p. 1258, � 26, effective July 1. L. 97: (4)(b)(I) amended, p. 1540, � 4, effective July 1. L. 99: (2), (4), and (5) amended, pp. 795, 792, �� 4, 1, effective July 1. L. 2000: (1)(e) and (3) amended, p. 693, � 4, effective July 1. L. 2003: (5)(b) amended, p. 1014, � 23, effective July 1. L. 2004: (5)(a.7) added, p. 636, � 11, effective August 4. L. 2009: (1)(e) amended, (HB 09-1132), ch. 341, p. 1793, � 4, effective July 1. L. 2010: (4), (5), and (6) repealed, (HB 10-1233), ch. 88, p. 295, � 2, effective August 11. L. 2015: (1)(e) amended, and (7) and (8) added, (HB 15-1072), ch. 120, p. 364, � 1, effective July 1. L. 2017: (2) amended, (HB 17-1188), ch. 185, p. 677, � 1, effective August 9. L. 2021: (2) amended, (SB 21-280), ch. 372, p. 2465, � 1, effective June 28; (2) amended, (SB 21-271), ch. 462, p. 3203, � 314, effective March 1, 2022. L. 2024: (2)(a) amended, (SB 24-189), ch. 305, p. 2068, � 2, effective July 1. L. 2025: IP(1), (1)(h), and (2)(a) amended and (1)(i) added, (HB 25-1290), ch. 353, p. 1908, � 2, effective August 6.

Editor's note: (1)  Amendments to subsection (5) in House Bill 94-1045 and

House Bill 94-1126 were harmonized.

(2)  Subsections (4), (5), and (6) were relocated to part 6 of article 3 of this

title in 2010.

(3)  Amendments to subsection (2) by SB 21-280 and SB 21-271 were

harmonized.

(4)  In People v. Moreno, 2022 CO 15, 506 P.3d 849 (Colo. 2022), the Colorado

Supreme Court held that the phrase intended to harass in subsection (1)(e) is unconstitutionally overbroad on its face, impermissibly encroaching on protected speech under the first amendment of the United States Constitution and article II, section 10, of the Colorado Constitution.

Cross references: For provisions concerning harassment by debt collectors

or collection agencies, see � 5-16-106.

C.R.S. § 19-1-312

19-1-312. Central registry phase out - implementation plan - repeal. (Repealed)

Source: L. 97: Entire section added, p. 45, � 1, effective July 1.


Editor's note: Subsection (3) provided for the repeal of this section, effective

July 1, 2000. (See L. 97, p. 45.)

PART 4

PREVENTION PROGRAMS FUNDED

THROUGH STATE AGENCIES

19-1-401 to 19-1-403. (Repealed)


Source: L. 2000: Entire part repealed, p. 585, � 9, effective May 18.


Editor's note: This part 4 was added in 1999 and was not amended prior to its

repeal in 2000. For the text of this part 4 prior to 2000, consult the 1999 Colorado Revised Statutes.

ARTICLE 1.2

Colorado Indian Child Welfare Act

19-1.2-101.  Short title. The short title of this article 1.2 is the Colorado

Indian Child Welfare Act.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1782, � 2,

effective August 6.

19-1.2-102.  Legislative declaration. (1)  The general assembly finds and

declares that:

(a)  Historically, an alarmingly high percentage of Indian families were

disrupted by the removal, often unwarranted, of their children by non-tribal public and private agencies, and that a disturbingly high percentage of those Indian children were placed in non-Indian foster and adoptive homes and institutions;

(b)  As a result of these actions, thousands of Indian families, tribal nations,

and entire cultures were devastated;

(c)  The states, in exercising their recognized jurisdiction over Indian child

custody proceedings through administrative and judicial bodies, historically failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and cultures;

(d)  In response to these circumstances, the United States congress passed

the federal Indian Child Welfare Act of 1978, 25 U.S.C. sec. 1901 et seq., known as ICWA, to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by establishing minimum federal standards for the removal of Indian children from their families and for the placement of those Indian children in foster or adoptive homes that would reflect the unique values of Indian culture. The act provides assistance to Indian tribes in the operation of child and family service programs.

(e)  ICWA has been the subject of targeted attacks in the federal courts,

including most recently in Haaland v. Brackeen, 599 U.S. 255 (2023), in which the United States supreme court upheld ICWA in its entirety. Even with Haaland v. Brackeen upholding ICWA, the law remains subject to challenge.

(f)  The Colorado general assembly can combat challenges to ICWA by

upholding ICWA's recognized gold standard in child welfare protection;

(g)  As of 2025, seventeen states have passed comprehensive state ICWA

laws while Colorado has adopted parts of the federal law and, most recently in Senate Bill 23-211, adopted and incorporated ICWA and its regulations by reference as Colorado law;

(h)  A critical element of ICWA is the requirement to notify an Indian child's

tribe when a state court proceeding is commenced that could result in the placement of the Indian child out of the Indian child's home. The purpose of the notice is to provide the Indian child's tribe the opportunity to transfer the case to a tribal court or otherwise participate in the state court proceeding.

(i)  To achieve these goals, it is crucial to determine, consistently and

faithfully, whether a child who is the subject of these types of state court proceedings is an Indian child and to ensure that, if so, appropriate and timely notice is provided, particularly notice to the relevant tribes when the county department of human or social services receives information that a child may be an Indian child;

(j)  The state of Colorado has previously recognized that Indian tribes have a

compelling interest in promoting and maintaining their integrity and culture by entering into federal Indian Child Welfare Act of 1978 agreements with the Southern Ute Indian Tribe and the Ute Mountain Ute Indian Tribe. The agreements, among other things, place stringent notice requirements on the state in proceedings involving Indian children and provide for the delay of proceedings until the required notice has been provided to the tribe in question. The state of Colorado further recognizes that the department of human services may also enter into a tribal-state agreement with tribes outside of Colorado that have significant numbers of member Indian children or membership-eligible Indian children residing in Colorado.

(k)  Colorado is committed to the consistent application of and compliance

with the federal ICWA throughout the state to ensure that proper notice is provided and procedures are followed as specified by ICWA when state court actions involve Indian children; and

(l)  Nothing is more vital to the continued existence and integrity of Indian

tribes than their children.

(2)  Therefore, the general assembly determines and declares that:


(a)  It is appropriate and in the best interests of the Indian families who are

intended to be protected by the terms of the federal Indian Child Welfare Act of 1978 and the Indian children represented thereby that:

(I)  The federal Indian Child Welfare Act of 1978 agreements entered into

between the state of Colorado and the Southern Ute Indian Tribe and the Ute Mountain Ute Indian Tribe are reaffirmed; and

(II)  A comprehensive Colorado Indian Child Welfare Act is enacted to

ensure consistent and reliable compliance with the federal ICWA for the protection of Indian children within Colorado and to ensure that Indian children in this state are protected as stated should the federal law be appealed, modified, or otherwise annulled;

(b)  The state of Colorado recognizes all federally recognized Indian tribes as

having the inherent authority to determine their own jurisdiction for any and all Indian child custody or child placement proceedings, regardless of whether the tribe's members are on or off the reservation and regardless of the procedural posture of the proceeding;

(c)  The state of Colorado has long recognized the importance of Indian

children to their tribes, not only as members of tribal families and communities but also as the tribe's greatest resource as future members and leaders of the tribe. The vitality of Indian children in Colorado is essential to the health and welfare of both the state and tribes, and is essential to the future welfare and continued existence of the tribes.

(d)  It is the policy of the state to cooperate fully with Indian tribes and tribal

citizens to ensure that the intent and provisions of the federal ICWA are enforced; and

(e)  Advancing ICWA is consistent with the Colorado Children's Code and

with article II of the state constitution.

(3)  Therefore, the general assembly declares that the purpose of this article

1.2 is to codify the federal Indian Child Welfare Act of 1978 into state law and to provide additional protections for Indian children pursuant to state law.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1782, � 2,

effective August 6.

19-1.2-103.  Definitions. As used in this article 1.2, unless the context

otherwise requires:

(1)  Active efforts means efforts that are affirmative, active, thorough,

timely, and intended to maintain or reunite an Indian child with the Indian child's family by providing remedial services and rehabilitative programs. Active efforts require more than a referral to a service and must be conducted in partnership with the Indian child, the Indian child's parent or Indian custodian, extended family members, and the tribe.

(2) (a)  Child custody proceeding means a child custody proceeding within

the court's jurisdiction and includes:

(I)  Foster care placements, including any action removing an Indian child

from the Indian child's parent or Indian custodian for temporary placement in a foster home or institution, or the home of a guardian or conservator when the Indian parent or Indian custodian cannot have the Indian child returned upon demand but parental rights have not been terminated, including, but not limited to, a hearing held pursuant to section 19-3-405, 19-3-507, 19-3-508, or 19-3-702;

(II)  Termination of parental rights, including any action resulting in the

termination of the parent-child relationship;

(III)  Pre-adoptive placement, including the temporary placement of an Indian

child in a foster home or institution after the termination of parental rights but prior to or in lieu of adoptive placement;

(IV)  Adoptive placement, including the permanent placement of an Indian

child for adoption and any action resulting in a final decree of adoption;

(V)  A parentage determination; and


(VI)  Guardianship or allocation of parental responsibilities to a nonparent,

including an action taken in a probate or domestic relations case removing an Indian child from the Indian child's parent or Indian custodian for temporary placement in the home of a guardian, conservator, or nonparent when the Indian child's parent or Indian custodian cannot have the Indian child returned upon demand but parental rights have not been terminated.

(b)  An action that may culminate in one of the outcomes described in

subsection (2)(a) of this section is a separate child custody proceeding from an action that may culminate in a different one of the outcomes. There may be several child custody proceedings involving an Indian child, and within each child custody proceeding, there may be several separate hearings.

(c)  Child custody proceeding does not include:


(I)  A proceeding for the custody or support of, or parenting time with, an

Indian child that is solely between two parents;

(II)  An emergency proceeding as described in section 19-1.2-110; or


(III)  A delinquency proceeding other than those based solely on a status

offense.

(3)  Court means a district court, juvenile court, or probate court that is

presiding over a child custody proceeding.

(4)  Custody or continued custody means having legal or physical

custody, or both, of an Indian child pursuant to applicable tribal law, tribal custom, or state law. An individual has custody of an Indian child if the individual is the Indian child's parent, if the individual has physical custody through an arrangement with the Indian child's parent outside of the involvement of a child welfare or child placement agency, or if the individual has legal custody of the Indian child pursuant to applicable tribal law, tribal custom, or state law.

(5) (a)  Domicile means the place an individual regards as home, where the

individual intends to remain, or to which, if absent, the individual intends to return.

(b)  An Indian child's domicile, in order of priority, is the domicile of:


(I)  The Indian child's parents or, if the Indian child's parents do not have the

same domicile, the Indian child's parent who has physical custody of the Indian child;

(II)  The Indian child's Indian custodian; or


(III)  The Indian child's guardian.


(6)  Due diligence means the earnest endeavor of the court and the

petitioning or filing party to investigate the basis for a party's or other individual's assertion that a child may be an Indian child, as described in section 19-1.2-107.

(7)  Emergency proceeding means any court action that involves the

emergency removal or emergency placement of an Indian child, including removal pursuant to section 19-1.2-110, 19-1.2-123, 19-3-405, 14-10-129 (4), or 15-14-204 (5) with or without a protective custody order, or a temporary shelter care proceeding pursuant to section 19-3-401 or 19-3-403.

(8) (a)  Extended family member has the same meaning as given in the

tribal law or tribal custom of the Indian child's tribe.

(b)  If the meaning of extended family member cannot be determined

pursuant to subsection (8)(a) of this section, extended family member means an individual who has attained eighteen years of age and who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, godparent, stepparent, or stepgrandparent, or as determined by the Indian child's tribe member. Even following termination of a marriage, a godparent, stepparent, or stepgrandparent is considered an extended family member.

(9)  Indian means an individual who is a member of an Indian tribe or who is

an Alaska Native and a member of a regional corporation, as defined in the federal Alaska Native Claims Settlement Act, 43 U.S.C. sec. 1606.

(10)  Indian child means an unmarried individual who has not attained

eighteen years of age and:

(a)  Is a member or citizen of an Indian tribe; or


(b)  Is eligible for membership or citizenship in an Indian tribe as determined

by that Indian tribe in writing or orally on the record and is the biological child of a member of an Indian tribe.

(11)  Indian Child Welfare Act of 1978 or ICWA means the federal law

found at 25 U.S.C. sec. 1901 et seq. and its implementing regulations.

(12)  Indian custodian means an Indian, other than the Indian child's parent,

who has been granted legal custody or guardianship of the Indian child pursuant to tribal law, tribal custom, or state law, or to whom temporary physical care, custody, and control has been transferred by the Indian child's parent outside the involvement of a child welfare or child placement agency.

(13)  Indian organization means a group, association, partnership,

corporation, or other legal entity owned or controlled by Indians or with a majority of Indian members.

(14)  Indian tribe or tribe means an Indian tribe, clan, band, nation, or other

organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States secretary of the interior because of their status as Indians, including any Alaska Native village as defined in the federal Alaska Native Claims Settlement Act, 43 U.S.C. sec. 1602 (c).

(15)  Member or membership means a determination by an Indian tribe

through its tribal law or tribal custom that an individual is a member or citizen of that Indian tribe.

(16)  Parent means:


(a)  A biological parent of an Indian child, except for an unwed father whose

parentage has not been acknowledged or established pursuant to section 19-1.2-105, the Uniform Parentage Act, article 4 of this title 19, or tribal law;

(b)  An individual who has lawfully adopted an Indian child, including an

adoption made pursuant to tribal law or tribal custom; or

(c)  A parent whose parentage has been acknowledged or established

pursuant to section 19-1.2-105, the Uniform Parentage Act, article 4 of this title 19, or tribal law.

(17)  Party or parties means a party to a child custody proceeding.


(18)  Reason to know means that a court or a petitioning or filing party has

reason to know that a child is an Indian child, as described in section 19-1.2-107.

(19)  Reservation means:


(a)  Indian country, as defined in 18 U.S.C. sec. 1151, and any lands not covered

pursuant to that section and title that are held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation; or

(b)  For the Southern Ute Indian reservation, those lands include any lands

confirmed pursuant to Pub.L. 98-290 and any other land subsequently placed in trust by the United States for the Southern Ute Indian Tribe's benefit.

(20)  Termination of parental rights includes the termination of parental

rights pursuant to section 19-3-604 or the termination of parental rights resulting from an adoption proceeding pursuant to section 19-5-101, 19-5-105.5, or 19-5-105.7.

(21)  Tribal court means a court with jurisdiction over Indian child custody

proceedings that is either a court of Indian offenses, a court established and operated under the law or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over Indian child custody proceedings.

(22)  Tribal customary adoption means the adoption of an Indian child by

and through tribal law or tribal custom of the Indian child's tribe and that may be effected without the termination of parental rights.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1784, � 2,

effective August 6.

19-1.2-104.  Applicability - incorporation of federal law. (1)  Unless explicitly

stated otherwise in this article 1.2, all provisions of this article 1.2 apply to all child custody proceedings; any matter brought pursuant to the Uniform Dissolution of Marriage Act, article 10 of title 14; the Colorado Probate Code, articles 10 to 17 of title 15; all other private matters that meet the definition of a child custody proceeding; and the Colorado Children's Code, this title 19.

(2)  In a case filed pursuant to this article 1.2 that constitutes a child custody

proceeding, the court and each party to the proceeding shall also comply with the federal implementing regulations of the federal Indian Child Welfare Act of 1978 that outline the minimum federal standards governing ICWA's implementation to ensure that ICWA is applied in Colorado consistent with the ICWA's express language, congress's intent in enacting ICWA, and to promote the stability and security of Indian children, tribes, and families.

(3)  All provisions of the federal Indian Child Welfare Act of 1978 are

incorporated into this article 1.2, even if not specifically referenced. This article 1.2 may provide additional protections beyond those required by the federal ICWA, in which case the provisions of this article 1.2 apply.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1788, � 2,

effective August 6.

19-1.2-105.  Parentage of an Indian child - acknowledged or established -

applicability of article. (1) Parentage of an Indian child is acknowledged or established for purposes of this article 1.2 if the individual's parentage has been:

(a)  Established pursuant to article 4 of this title 19;


(b)  Established pursuant to tribal law; or


(c)  Recognized in accordance with tribal custom.


(2) (a)  For purposes of determining the biological parent of an Indian child, a

court may order genetic tests pursuant to section 19-4-112 or 13-25-126.

(b)  If an individual fails to comply with the court's order for genetic tests

within a reasonable amount of time, the court may issue a subpoena pursuant to section 19-4-112 or issue an order to compel the individual to appear for genetic tests.

(c)  If the genetic tests ordered pursuant to this subsection (2) do not confirm

that an individual is the biological parent of the child as provided in section 19-4-105 (1)(f), or if the individual has refused to consent to the genetic tests, the individual is not established as the child's biological parent.

(3)  This article 1.2 applies in its entirety if an individual is determined to be a

parent of an Indian child, regardless of whether the parent has had prior custody of the Indian child.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1788, � 2,

effective August 6.

19-1.2-106.  Best interests of an Indian child - factors to consider. (1)  In a

child custody proceeding involving an Indian child, when making a determination regarding the best interests of the Indian child, the court shall, in consultation with the Indian child's tribe and tribal community, as determined by the Indian child's tribe, consider the following:

(a)  The Indian child's mental, physical, and emotional needs, including the

Indian child's preferences;

(b)  The prevention of unnecessary out-of-home placement of the Indian

child;

(c)  The prioritization of placement of the Indian child in accordance with the

placement preferences set forth in section 19-1.2-120;

(d)  The value to the Indian child of establishing, developing, or maintaining a

political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community; and

(e)  The importance to the Indian child of the Indian tribe's or tribal

community's ability to maintain the tribe's or tribal community's existence and integrity for the stability and security of Indian children and families.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1789, � 2,

effective August 6.

19-1.2-107.  Initial disclosures - inquiry and determination - form of inquiry -

due diligence - Indian child's tribe - written findings. (1) Initial disclosures. The petitioning or filing party shall disclose in the complaint, petition, or other commencing pleading filed with the court that the child who is the subject of the child custody proceeding is an Indian child and the identity of the Indian child's tribe or tribes, or efforts the petitioning or filing party has made in determining whether the child is an Indian child, including, but not limited to:

(a)  If the petitioning or filing party indicates in the complaint, petition, or

other commencing pleading that the child who is the subject of the child custody proceeding is an Indian child, the petitioning or filing party shall further identify what reasonable efforts have been made to send notice to the individuals identified in subsection (3)(d) of this section;

(b)  The postal receipts or copies of postal receipts from the notice sent

pursuant to subsection (3)(d) of this section indicating that the notice was properly sent by the petitioning or filing party to the Indian child's parent or Indian custodian and to the Indian child's tribe or tribes. The postal receipts must be attached to the complaint, petition, or other commencing pleading filed with the court; except that, if notification has not been perfected at the time the initial complaint, petition, or other commencing pleading is filed with the court, or if the postal receipts have not been received back from the post office, the petitioning or filing party shall file the postal receipts with the court upon receipt of the postal receipts.

(c)  Any responses sent by a tribal agent to the petitioning or filing party, a

county department, or the court, which responses must be distributed to the parties and filed with the court.

(2)  Indian child inquiry and determination. At the commencement of each

child custody proceeding, the court shall make inquiries to determine whether the child who is the subject of the proceeding is an Indian child. In determining whether the child is an Indian child:

(a)  The court shall ask each participant in an emergency, voluntary, or

involuntary child custody proceeding whether the participant knows or has reason to know that the child is an Indian child or whether the participant has information that is relevant to determining whether the child is an Indian child. Any response to the inquiry must be made on the record. The court shall instruct the participants to inform the court if a participant subsequently receives information that provides reason to know the child is an Indian child.

(b)  No later than the first appearance after an expedited hearing held

pursuant to section 19-3-217 or 19-3-403, each party to the child custody proceeding shall disclose to the court and the petitioning and filing parties information indicating that the child is an Indian child, including, but not limited to, providing an identification card indicating the child's membership in a tribe. The court shall order the parties to provide information learned thereafter to the court and all parties no later than seven days after receiving the relevant information or prior to the next hearing on the matter, whichever occurs first.

(3) Form of inquiry. (a)  At the commencement of the child custody

proceeding, the petitioning or filing party shall make a record, either in writing or orally in open court on the record, of the party's good faith efforts to determine whether the child is an Indian child, including, at a minimum, inquiries made by consulting with:

(I)  The child, directly or through the child's representative;


(II)  The child's parent or parents;


(III)  An individual having custody of the child or with whom the child resides;


(IV)  The child's extended family members;


(V)  Any other individual who may reasonably be expected to have

information regarding the child's membership or eligibility for membership in an Indian tribe; and

(VI)  An Indian tribe when information from inquiries made pursuant to

subsections (3)(a)(I) to (3)(a)(V) of this section indicate that there is a reasonable likelihood that the Indian tribe may provide additional information regarding whether the child is a member of that tribe or whether the child may be eligible for membership in that tribe.

(b)  The court, upon reviewing the record of inquiries made pursuant to

subsection (3)(a) of this section, has reason to know that a child is an Indian child if:

(I)  A participant in the child custody proceeding, an officer of the court

involved in the child custody proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child;

(II)  A participant in the child custody proceeding, an officer of the court

involved in the child custody proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child;

(III)  The child who is the subject of the child custody proceeding gives the

court reason to know that the child is an Indian child;

(IV)  The court is informed that the domicile or residence of the child, the

child's parent, or the child's Indian custodian is or was on a reservation of a federally recognized Indian tribe or in an Alaska Native village;

(V)  The court is informed that the child is or has been a ward of a tribal court;


(VI)  The court is informed that the child or the child's parent possesses an

identification card or other sufficient documentation indicating membership in an Indian tribe;

(VII)  The court is informed that the parent or child received health services

from an Indian health service or tribal health facility;

(VIII)  The court or the petitioning or filing party receives any other

reasonably credible information, regardless of admissibility, that a parent or the child has an identifiable connection with a specific federally recognized tribe or tribes beyond a generalized assertion of heritage;

(IX)  The court is informed that there are school records indicating that the

child is an enrolled member of an Indian tribe; or

(X)  After performing due diligence pursuant to subsection (4) of this section,

information is presented to the court that subsections (3)(b)(I) to (3)(b)(IX) of this section apply or that the child is an Indian child.

(c)  The court shall make specific findings, either in writing or orally on the

record, regarding its reason to know that the child is an Indian child.

(d)  If the court knows, or has reason to know as described in subsection (3)(b)

of this section, that the child who is the subject of the child custody proceeding is an Indian child, the petitioning or filing party shall send notice by registered or certified mail, return receipt requested, to the parent of the child, the child's Indian custodian, and the tribal agent of the Indian child's tribe or tribes, or, if there is not a designated tribal agent, the petitioning or filing party shall contact the Indian tribe for direction to the appropriate office or individual. In providing the notice, the court and each party shall comply with the federal ICWA and this article 1.2.

(4) (a)  Due diligence. If the court receives information that the child may

have Indian heritage but the court lacks sufficient information to determine that there is reason to know that the child is an Indian child pursuant to subsection (3) of this section, the court shall direct the petitioning or filing party to exercise due diligence in gathering additional information pursuant to subsection (4)(b) of this section, ensure that the due diligence requirements are followed, and ensure that all information known to the parties is disclosed in writing or orally on the record. The court shall direct the petitioning or filing party to make a record, either in writing or orally on the record, of the due diligence efforts taken to determine whether there is reason to know that the child is an Indian child.

(b)  In performing due diligence, the petitioning or filing party shall, at a

minimum:

(I)  Ask each party, including the child directly or through the child's

representative, what information the party has regarding the child's Indian heritage, if any;

(II)  Ask or earnestly attempt to ask each parent what information the parent

has regarding the child's Indian heritage, if any; where and how the parent received the information; and what, if any, other information sources the parent believes may have additional information regarding the child's Indian heritage, if any, including other relatives and their contact information, if known or reasonably obtained;

(III)  Conduct searches for family and document-identified family relatives or

kin who may have information regarding the child's Indian heritage, if any;

(IV)  Ask or attempt to ask identified family relatives or kin for information

the relatives or kin have regarding the child's Indian heritage, if any, and where and how the relatives or kin received that information;

(V)  Review court and agency records identified by the parents and provided

to the petitioner or filing party, or to which the petitioner or filing party has previously been granted access through the state automated child welfare system or the ICON system at the state judicial department, for all child custody proceedings related to the child and parents for information regarding the child's Indian heritage, if any; and

(VI)  Contact the tribal representative or representatives by email, phone call,

letter, or any other means agreed to by the parties regarding whether the child may be eligible for tribal membership when informed that a parent, child, or specific extended family member has a potential connection with a federally recognized tribe or tribes.

(c)  In performing due diligence, the petitioning or filing party may, if a known

connection has not been identified pursuant to subsection (4)(b) of this section but the court or petitioning or filing party receives a reasonably credible assertion of the child's Indian heritage without identification of a specific tribe or tribes but narrowed to a region of the United States, ask either relevant tribes in that identified region or the relevant bureau of Indian affairs office if the relevant tribes or bureau have information relevant to the determination that the child is an Indian child.

(d)  Subsection (4)(b) of this section does not prevent a petitioning party from

sending a written inquiry to an asserted tribe for the purpose of satisfying the due diligence requirements pursuant to subsection (4)(b)(VI) of this section. A written inquiry must not be construed as formal notice and is not considered a determination that there is reason to know the child is an Indian child.

(5) (a)  Indian child's tribe. If the child is an Indian child, the Indian child's

tribe is:

(I)  The tribe of which the Indian child is a member or eligible for membership

if the Indian child is a member of or is eligible for membership in only one tribe;

(II)  The tribe of which the Indian child is a member if the Indian child is a

member of one tribe but is eligible for membership in one or more other tribes; or

(III)  If the Indian child is a member of more than one tribe or if the Indian child

is not a member of any tribe but is eligible for membership in more than one tribe:

(A)  The tribe designated by an agreement between the tribes of which the

Indian child is a member or in which the Indian child is eligible for membership; or

(B)  If the tribes are unable to agree on the designation of the Indian child's

tribe, the tribe designated by the court.

(b)  When designating an Indian child's tribe pursuant to subsection

(5)(a)(III)(A) of this section, the court shall, after a hearing, designate the tribe with which the Indian child has the more significant contacts, taking into consideration:

(I)  The preference of the Indian child's parent;


(II)  The duration of the Indian child's residency at their current or prior

domicile or residence on or near the reservation of each tribe;

(III)  The tribal membership of the Indian child's parent or Indian custodian;


(IV)  The interests asserted by each tribe;


(V)  Whether a tribe has previously adjudicated a case involving the Indian

child; and

(VI)  The self-identification of the Indian child if the court determines that the

Indian child is of sufficient age and capacity to meaningfully self-identify.

(6)  Written findings. The court shall make written findings determining

whether the petitioning or filing party:

(a)  Satisfied its inquiry and due diligence requirements concerning whether

the child is an Indian child or whether there is reason to know that the child is an Indian child;

(b)  Verified whether the child is in fact a member of a tribe, or a biological

parent of the child is a member of a tribe, and the child is eligible for membership;

(c)  Documented all contact with:


(I)  The respective tribe or tribes. This contact must include at least two

contacts or good faith attempts to contact the tribe or tribes within seventy days after the finding, unless the tribe or tribes provided written documentation indicating membership, eligibility, or ineligibility of the child.

(II)  The bureau of Indian affairs to seek assistance with contacting the tribe

or tribes, if good faith attempts to contact the tribe or tribes have been unsuccessful; and

(d)  Treated the child as an Indian child, unless and until it is determined on

the record that the child does not meet the definition of an Indian child.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1789, � 2,

effective August 6.

19-1.2-108.  Formal notice - language, accessibility, and content

requirements. (1) Notices required by this article 1.2 in a child custody proceeding must be provided in clear, accessible, and understandable language and include the following information:

(a)  The Indian child's name, date of birth, and place of birth;


(b)  To the extent known, all names, including maiden, married, and former

names or aliases of the Indian child's parents, the parents' birthplaces, and the parents' tribal enrollment information;

(c)  To the extent known, the names, dates of birth, places of birth, and tribal

enrollment information of other direct lineal ancestors of the Indian child;

(d)  The name of each Indian tribe of which the Indian child is a member or in

which the Indian child may be eligible for membership;

(e)  To the extent known, information regarding the Indian child's direct lineal

ancestors, an ancestral chart for each biological parent, and the Indian child's tribal affiliation and blood quantum;

(f)  A copy of the petition or motion initiating the proceeding and, if a hearing

has been scheduled, information on the date, time, and location of the hearing;

(g)  The name of the petitioning or filing party and the name and address of

the party's attorney;

(h)  A statement that the Indian child's parent or Indian custodian has the

right to participate in the proceeding pursuant to section 19-1.2-113;

(i)  A statement that the Indian child's tribe has the right to intervene or

participate in the proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113;

(j)  A statement that if the court determines that the Indian child's parent or

Indian custodian is unable to afford counsel, the parent or Indian custodian has the right to court-appointed counsel;

(k)  A statement that the Indian child's parent, Indian custodian, or tribe has

the right, upon request, to up to twenty additional days to prepare for the proceeding;

(l)  A statement that the Indian child's parent, Indian custodian, or tribe has

the right to petition the court to transfer the child custody proceeding to the tribal court;

(m)  A statement describing the potential legal consequences of the

proceeding on future parental and custodial rights of the Indian child's parent or Indian custodian;

(n)  The mailing address and telephone numbers of the court and contact

information for all parties to the proceeding and the individuals notified pursuant to this section; and

(o)  A statement that the information contained in the notice is confidential

and must not be shared with any individual who does not need the information to exercise rights pursuant to this article 1.2.

(2)  If the Indian child's parent or Indian custodian has limited English

proficiency and may not understand the contents of the notice provided pursuant to this section, the court shall provide language access services as required by Title VI of the federal Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq., and other applicable federal and state laws. If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child's tribe or the local office of the federal bureau of Indian affairs for assistance identifying a qualified translator or interpreter.

(3) (a)  A hearing that requires notice pursuant to this section must not be

held until at least ten days after the latest receipt of the notice by the Indian child's parent, Indian custodian, tribe, or, if applicable, the federal bureau of Indian affairs. Upon request, the court shall grant the Indian child's parent, Indian custodian, or tribe up to twenty-one additional days after the date upon which notice was received by the Indian child's parent, Indian custodian, or tribe to prepare for participation in the hearing.

(b)  This subsection (3) does not prevent a court, during an emergency

proceeding before the expiration of the waiting period described in subsection (3)(a) of this section, from reviewing the removal of an Indian child from the Indian child's parent or Indian custodian to determine whether the removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1795, � 2,

effective August 6.

19-1.2-109.  Enrollment of an Indian child with a tribe. (1)  Unless an Indian

child's parent objects, the petitioning or filing party or the Indian tribe shall assist in enrolling an Indian child who is in the court's jurisdiction in a tribe with which the child is eligible for enrollment. If the Indian child is eligible to be enrolled in more than one tribe, the court shall determine membership pursuant to section 19-1.2-107.

(2)   In accordance with subsection (1) of this section, when the petitioning or

filing party, including a county department or a child placement agency, has reason to know that the child is an Indian child, the petitioning or filing party shall, at a minimum, state in writing or orally on the record the relevant tribe or tribes with which the child may be eligible for enrollment to determine if the child is in fact eligible for enrollment. The notification to the relevant tribe or tribes may be done in conjunction with the notice requirements set forth in section 19-1.2-108 (1).

(3)  In a child custody proceeding, when the petitioning or filing party has

reason to know that the child is an Indian child and that the Indian child is eligible for enrollment in a tribe, the petitioning or filing party shall notify the Indian child and the Indian child's parent of the parent's right to object to the petitioning or filing party's assistance pursuant to subsection (1) of this section.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1796, � 2,

effective August 6.

19-1.2-110.  Emergency proceeding - emergency removal - termination of

emergency - duration. (1) If an individual or agency takes a child into protective custody, the individual or agency shall, at the commencement of the emergency proceeding, make a good faith effort to:

(a)  Determine whether the individual or agency has reason to know that the

child is an Indian child pursuant to section 19-1.2-107 (3)(b); and

(b)  Contact by telephone, email, facsimile, or other means of immediate

communication any tribe of which the child is or may be a member or eligible for membership to determine the child's tribal affiliation. Notification must include the basis for the child's removal; the time, date, and place of the initial hearing; and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113.

(2)  An emergency removal or placement of an Indian child pursuant to this

section terminates immediately when the removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child. In such a removal or placement, the court shall:

(a)  Make a finding on the record that the emergency removal or placement is

necessary to prevent imminent physical harm or danger to the Indian child;

(b)  Promptly hold a hearing on whether the emergency removal or placement

continues to be necessary when new information indicates that the emergency situation has ended;

(c)  At any court hearing during the emergency proceeding, determine

whether the emergency removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child; and

(d)  Immediately terminate, or ensure that the individual or agency that took

the child into protective custody immediately terminates, the emergency proceeding once the court or agency possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child.

(3)  A petition for a court order authorizing the emergency removal or

continued emergency placement of an Indian child, and its accompanying documents, must contain a statement of the risk of imminent physical harm or danger to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical harm or danger to the Indian child. The petition, and its accompanying documents, must also contain the following information:

(a)  The name, age, and last-known address of the Indian child;


(b)  The name and last-known address of the Indian child's parents or Indian

custodian, if any;

(c)  The steps taken to provide notice to the Indian child's parents, custodian,

and tribe about the emergency proceeding;

(d)  If the Indian child's parents or Indian custodian is unknown, a detailed

explanation of what efforts have been made to locate and contact them, including contact with the appropriate federal bureau of Indian affairs regional director;

(e)  The residence and domicile of the Indian child;


(f)  If either the residence or domicile of the Indian child is believed to be on a

reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;

(g)  The tribal affiliation of the Indian child and the child's parents or Indian

custodian;

(h)  A specific and detailed account of the circumstances that led the

individual or agency responsible for the emergency removal of the Indian child to take that action;

(i)  If the Indian child is believed to reside or be domiciled on a reservation

where the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts made to contact the tribe and transfer the Indian child to the tribe's jurisdiction; and

(j)  A statement of the efforts that have been taken to assist the Indian child's

parents or Indian custodian so that the Indian child may be safely returned to the custody of the parents or Indian custodian.

(4)  An emergency removal regarding an Indian child must not be continued

for more than thirty days, unless the court determines that restoring the Indian child to the parent or Indian custodian would subject the Indian child to imminent physical harm or danger, and:

(a)  The court has approved a motion to transfer the case to a tribal court but

has not been able to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; or

(b)  Despite diligent efforts, the court has been unable to hold a hearing

based on the criteria set forth in section 19-1.2-123. In such a case, the court shall schedule the hearing within seven days after the determination made pursuant to this subsection (4).

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1797, � 2,

effective August 6.

19-1.2-111.  Active efforts - when required - characteristics. (1)  If there is

reason to know that a child who is the subject of a child custody proceeding is an Indian child, active efforts are required and the court shall make an initial determination whether active efforts have been made to prevent removal of the Indian child from the family. If the Indian child has been removed from the family, the court shall determine whether active efforts have been made to reunite the family.

(2)  Active efforts require a higher standard of conduct than reasonable

efforts.

(3)  Active efforts must:


(a)  Be documented in detail in writing or orally on the record;


(b)  If the Indian child is alleged to be within the jurisdiction of the court

pursuant to section 19-1.2-116, include actively assisting the Indian child's parent or parents or Indian custodian through the steps of a case plan and accessing or developing the resources necessary to satisfy the case plan;

(c)  Include providing assistance in a manner consistent with the prevailing

social and cultural standards and way of life of the Indian child's tribe;

(d)  Be conducted in partnership with the Indian child and the Indian child's

parents, extended family members, Indian custodian, and tribe; and

(e)  Be tailored to the facts and circumstances of the case.


(4)  Active efforts may include, as applicable, the following:


(a)  Conducting a comprehensive assessment of the circumstances of the

Indian child's family, with a focus on reunification as the primary and most desirable goal;

(b)  Identifying appropriate services and helping the Indian child's parents

overcome barriers to reunification, including actively assisting the Indian child's parents with obtaining the identified services;

(c)  Identifying, notifying, and inviting representatives of the Indian child's

tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, resolution of placement issues, reviews, or other case-management-related meetings;

(d)  Conducting or causing to be conducted a diligent search for the Indian

child's extended family members and contacting and consulting with the Indian child's extended family members and adult relatives to provide family structure and support for the Indian child and the Indian child's parents;

(e)  Offering and employing culturally appropriate family preservation

strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe;

(f)  Taking steps to keep the Indian child and the Indian child's siblings

together, whenever possible;

(g)  Supporting regular family time with the Indian child's parents or Indian

custodian in the most natural setting possible, as well as trial home visits during a period of removal, consistent with the need to ensure the health, safety, and welfare of the Indian child;

(h)  Identifying and making appropriate referrals to community resources,

including housing, financial assistance, employment training, transportation, mental health care, health care, substance abuse prevention and treatment, parenting training, transportation, peer support services necessary to maintain the child in the home or to rehabilitate the family so that the child can safely return home, and actively assisting the Indian child's parents or, when appropriate, the Indian child's family, in utilizing and accessing such resources;

(i)  Monitoring progress and participation of the Indi

C.R.S. § 19-3-705

19-3-705. Transition hearing. (1) When a youth turns eighteen years of age while the youth is a named child or is a youth in a dependency and neglect case open through this article 3, the court shall hold a transition hearing within thirty-five days after the youth's eighteenth birthday. The purpose of the transition hearing is to determine whether the youth will opt into the foster youth in transition program, established in section 19-7-303, or, alternatively, choose to emancipate.

(2)  At least seven days prior to a transition hearing, a county department

shall file a report with the court that includes:

(a)  A description of the county department's reasonable efforts toward

achieving the youth's permanency goals and a successful transition to adulthood;

(b)  An affirmation that the county department has provided the youth with

all necessary records and documents, including copies of all documents listed in section 19-3-702 (4)(d), health records, education records, and written information concerning the youth's family history and contact information for siblings, if available and appropriate;

(c)  An affirmation that the county department has informed the youth, in a

developmentally appropriate manner, of the benefits and options available to the youth by participating in the foster youth in transition program created in section 19-7-303 and the voluntary nature of that program; and

(d)  A statement of whether the youth has made a preliminary decision

whether to emancipate or to enter the foster youth in transition program created in section 19-7-303 and either or both of the following:

(I)  If it is anticipated that the youth will choose to emancipate, the report

must include a copy of the youth's emancipation transition plan executed pursuant to section 19-7-310, finalized no more than ninety days prior to the youth's transition; or

(II)  If it is anticipated that the youth will choose to enter the foster youth in

transition program created in section 19-7-303, the county department shall file a petition pursuant to section 19-7-307.

(3)  The court shall advise the youth that:


(a)  Except as provided in section 19-3-704, the youth has the right to choose

whether to emancipate or to voluntarily continue receiving services through the foster youth in transition program created in section 19-7-303;

(b)  To participate in the foster youth in transition program created in section

19-7-303, the youth must enter into a voluntary services agreement with the county department. The transition program provides the youth with access to financial support with housing and other services, as outlined in section 19-7-305.

(c)  Services provided through the foster youth in transition program created

in section 19-7-303 are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304;

(d)  If the youth chooses to emancipate but later decides support is needed,

the youth has the right to begin receiving child welfare services again through the foster youth in transition program, created in section 19-7-303, until the youth's twenty-first birthday or such greater age of foster care eligibility as required by federal law; and

(e)  The youth has the right to counsel, who shall represent the youth

throughout the youth's participation in the foster youth transition program. The court shall advise the youth that the current emancipation transition hearing may be continued for up to one hundred nineteen days if the youth would like additional time to make a decision or to prepare for emancipation. The court shall ask the youth whether the youth has had sufficient opportunity to consult with counsel and if the youth is ready to make a decision at the current time or, alternatively, if the youth would like to request a continuance of up to one hundred nineteen days.

(4)  Prior to a youth emancipating, the court shall:


(a)  Review the youth's emancipation transition plan executed pursuant to

section 19-7-310 and consult with the youth on readiness for emancipation;

(b)  Determine whether the county department has made reasonable efforts

toward the youth's permanency goal and a successful transition to adulthood;

(c)  Determine whether the youth has been provided with all necessary

records and documents described in subsection (2)(b) of this section; and

(d)  Determine whether the youth has been enrolled in medicaid and advise

the youth on the youth's eligibility for former foster care medicaid up to twenty-six years of age pursuant to section 26-5-113 and of the necessity of keeping the youth's contact information up to date.

(5)  With the youth's consent, the court may continue the emancipation

transition hearing for up to one hundred nineteen days to allow time to improve the youth's emancipation transition plan, gather necessary documents and records, or for any other reason necessary to allow the youth a successful transition to adulthood.

(6)  If a youth is opting into the foster youth in transition program created in

section 19-7-303 and a petition has been filed pursuant to section 19-7-307, the court shall dismiss the case pursuant to this article 3 or dismiss the youth from the case brought pursuant to this article 3, leave the case open for remaining siblings, and open a new case brought pursuant to part 3 of article 7 of this title 19. Such an action must not result in an interruption in case management services, housing, medicaid coverage, or in foster care maintenance payments.

Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, � 7,

effective June 25. L. 2022: (1) and (5) amended, (HB 22-1245), ch. 88, p. 418, � 5, effective August 10; (3)(e) amended, (HB 22-1038), ch. 92, p. 442, � 27, effective January 9, 2023.

Cross references: For the legislative declaration in HB 22-1038, see section 1

of chapter 92, Session Laws of Colorado 2022.

PART 8

TASK FORCE ON THE COLLECTION AND SECURITY

OF DIGITAL IMAGES OF CHILD ABUSE OR NEGLECT

19-3-801 to 19-3-805. (Repealed)


Editor's note: (1)   This part 8 was added in 2016 and was not amended prior

to its repeal in 2019. For the text of this part 8 prior to its repeal in 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)   Section 19-3-805 provided for the repeal of this part 8, effective July 1,

1. (See L. 2016, p. 1043.)

PART 9

TASK FORCE ON HIGH-QUALITY PARENTING TIME

Editor's note: (1)  This part 9 was added in 2021. For amendments to this part

9 prior to its repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 19-3-905 provided for the repeal of this part 9, effective July 1,

1. (See L. 2023, p. 1685.)

   19-3-901 to 19-3-905. (Repealed)

ARTICLE 3.1

Dependency Proceedings for Unaccompanied Children

or Youth in Federal Custody

19-3.1-101.  Petition for dependency order for unaccompanied children or

youth in federal custody - definition. (1) When an unaccompanied child in the custody of the federal office of refugee resettlement housed in a facility in Colorado has been subjected to parental abuse or neglect as defined in section 19-1-103 (1)(a) or subjected to the parental actions and omissions listed in section 19-3-102, that child may file a petition for a dependency order pursuant to this section with the juvenile court in the judicial district where the child is housed.

(2) (a)  The petition must:


(I)  Set forth the facts that bring the child under the court's jurisdiction

pursuant to subsection (1) of this section;

(II)  State the child's name, age, and country of birth; and


(III)  Identify the facility in Colorado where the child is housed in the custody

of the federal office of refugee resettlement.

(b)  The statements in the petition may be made upon information and belief.


(c)  The petition must not name the child's parent as a respondent. The

petition must state clearly that parental rights may not be terminated through proceedings under this section.

(3) (a)  The court shall schedule a hearing within thirty-five days after the

petition is filed, unless a motion is made for a forthwith hearing because the child is approaching eighteen years of age or other emergent circumstances, in which case the court shall schedule the hearing within seven days. If the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall declare the child dependent on the court. A child declared dependent pursuant to this section may be eligible for oversight and services by the office of the child protection ombudsman as described in section 19-3.3-103 (1)(b). Upon request, the court may also issue an order establishing the child's eligibility for classification as a special immigrant juvenile under federal law, including:

(I)  Declaring the child dependent;


(II)  Determining that reunification of the child with one or both parents is not

viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (3)(a)(II), abandonment includes, but is not limited to, the death of one or both parents.

(III)  Determining that it is not in the best interests of the child to be returned

to the child's or parents' previous country of nationality or country of last habitual residence.

(b)  The order may be entered at any time following the filing of the petition

or at the hearing.

(4)  The court shall not alter the child's custody status or placement unless

the federal department of health and human services provides specific consent.

(5)  The court may retain jurisdiction over the child until the child reaches

eighteen years of age or until further order of the court.

(6)  For purposes of this section, dependent on the court means a youth is

under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1)(a); and the youth is in need of oversight and supportive services as determined by the court.

Source: L. 2022: Entire article added, (HB 22-1319), ch. 391, p. 2770, � 1,

effective June 7. L. 2024: (3) amended, (SB 24-119), ch. 33, p. 103, � 5, effective August 7. L. 2025: IP(3)(a) amended, (HB 25-1200), ch. 270, p. 1396, � 7, effective August 6.

ARTICLE 3.3

Office of the Child Protection Ombudsman

19-3.3-101.  Legislative declaration. (1)  The general assembly finds and

declares that:

(a)  Child abuse and neglect is a serious and reprehensible problem in society;


(b)  The protection of children from abuse and neglect by applying prevention

measures and observing best practices in treating children who are abused and neglected must be one of Colorado's highest public policy priorities;

(c)  The child protection system must protect and serve Colorado's children in

a manner that keeps them safe and healthy and promotes their well-being;

(d)  The children and families served by the child protection system, as well

as the public, must have a high level of confidence that the system will act in a child's best interests and will respond to the child's needs in a timely and professional manner;

(e)  To engender this high level of confidence in the child protection system,

it is important that children and families who become involved in the system, mandatory reporters, and the general public have a well-publicized, easily accessible, and transparent grievance process for voicing concerns regarding the child protection system along with the expectation that those concerns, once voiced, will be heard and addressed in a timely and appropriate manner; and

(f)  To improve child protection outcomes and to foster best practices, there

must be effective accountability mechanisms, including the review and evaluation of concerns voiced by children and families, mandatory reporters, persons involved in the child protection system, and members of the general public, that provide policymakers with the information necessary to formulate systemic changes, where appropriate.

(2)  The general assembly further finds and declares that the establishment

of the office of the child protection ombudsman will:

(a)  Improve accountability and transparency in the child protection system

and promote better outcomes for children and families involved in the child protection system; and

(b)  Allow families, concerned citizens, mandatory reporters, employees of

the state department and county departments, and other professionals who work with children and families to voice their concerns, without fear of reprisal, about the response by the child protection system to children experiencing, or at risk of experiencing, child maltreatment.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 974, � 1,

effective May 14. L. 2015: IP(2) amended, (SB 15-204), ch. 264, p. 1031, � 14, effective June 2.

19-3.3-101.5.  Definitions. As used in this article 3.3, unless the context

otherwise requires:

(1)  Board means the child protection ombudsman board established

pursuant to section 19-3.3-102 (2)(a).

(2)  Complaint means a report or complaint relating to an action, inaction, or

decision of a public agency or a provider that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth.

(3)  Facility means a facility established and operated by the state

department pursuant to section 19-2.5-1502.

(4)  Office means the office of the child protection ombudsman established

pursuant to section 19-3.3-102 (1)(a).

(5)  Ombudsman means the child protection ombudsman and director of the

office appointed pursuant to section 19-3.3-102 (3)(a)(I).

(6)  Personnel files has the same meaning as set forth in section 24-72-202.


(7)  State-licensed residential child care facility has the same meaning as

set forth in section 26-6-903.

(8)  Work product has the same meaning as set forth in section 24-72-202.


Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2046, � 78,

effective August 6; entire section added, (HB 25-1200), ch. 270, p. 1386, � 1, effective August 6.

Editor's note: This section added by SB 25-275 and HB 25-1200 was

harmonized, resulting in the renumbering of subsections (2) and (3) in SB 25-275 to subsections (4) and (5), respectively.

19-3.3-102.  Office of the child protection ombudsman established - child

protection ombudsman advisory board - qualifications of ombudsman - duties. (1) (a) The independent office of the child protection ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado.

(a.5)  The office and the judicial department shall operate pursuant to a

memorandum of understanding between the two entities. The memorandum of understanding contains, at a minimum:

(I)  A requirement that the office has its own personnel rules;


(II)  A requirement that the ombudsman has independent hiring and

termination authority over office employees;

(III)  A requirement that the office must follow judicial fiscal rules;


(IV)  A requirement that the office of the state court administrator shall offer

the office of the child protection ombudsman limited support with respect to:

(A) to (F)  Repealed.


(G)  Office space, facilities, and technical support limited to the building that

houses the office of the state court administrator; and

(V)  Any other provisions regarding administrative support that will help

maintain the independence of the office.

(VI)  Repealed.


(b)  The office and the related child protection ombudsman board,

established in subsection (2) of this section, shall operate with full independence. The board and office have complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office, board, and ombudsman.

(c)  The office shall work cooperatively with the child protection ombudsman

board established in subsection (2) of this section, the department of human services and other child welfare organizations, as appropriate, to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the greatest protections for the children of Colorado.

(2) (a)  There is established an independent, nonpartisan child protection

ombudsman board. The board consists of twelve members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience.

(b)  The board members must be appointed as follows:


(I)  The chief justice of the Colorado supreme court shall appoint:


(A)  An individual with experience as a respondent parents' counsel;


(B)  An individual with experience defending juveniles in court proceedings;


(C)  An individual with legal experience in dependency and neglect cases; and


(D)  An individual with experience in criminal justice involving children and

youth.

(II)  The governor shall appoint:


(A)  An individual with previous professional experience with a rural county

human or social services agency or a rural private child welfare advocacy agency;

(B)  An individual with previous professional experience with the department

of human services;

(C)  An individual with previous professional experience with an urban human

or social services agency or an urban private child welfare agency; and

(D)  An individual with experience in primary or secondary education.


(III)  The president and minority leader of the senate shall appoint:


(A)  An individual who was formerly a child in the foster care system; and


(B)  An individual with professional experience as a county and community

child protection advocate; and

(IV)  The speaker and the minority leader of the house of representatives

shall appoint:

(A)  A current or former foster parent; and


(B)  A health-care professional with previous experience with child abuse and

neglect cases.

(c)  Board members shall 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. The appointing officials shall fill any vacancies on the board for the remainder of any unexpired term.

(d)  The board shall meet a minimum of two times per year and additionally as

needed. At least one meeting per year must be held outside of the Denver metropolitan area.

(e)  Board members shall serve without compensation but may be reimbursed

for actual and reasonable expenses incurred in the performance of their duties.

(f)  Expenses incurred for the board must be paid from the general operating

budget of the office of the child protection ombudsman.

(3)  The board has the following duties and responsibilities:


(a)  To oversee the following personnel decisions related to the ombudsman:


(I)  To appoint a person to serve as the child protection ombudsman and

director of the office. The board may also discharge an acting ombudsman for cause. A two-thirds majority vote is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.

(II)  Filling a vacancy in the ombudsman position;


(III)  Evaluating the ombudsman's performance as determined necessary

based on feedback received related to the ombudsman; and

(IV)  Developing a public complaint process related to the ombudsman's

performance;

(b)  To oversee and advise the ombudsman on the strategic direction of the

office and its mission and to help promote the use, engagement, and access to the office;

(c)  To work cooperatively with the ombudsman to provide fiscal oversight of

the general operating budget of the office and ensure that the office operates in compliance with the provisions of this article, the memorandum of understanding, and state and federal laws relating to the child welfare system;

(d) to (g)  (Deleted by amendment, L. 2016.)


(h)  To promote the mission of the office to the public; and


(i)  To provide assistance, as practicable and as requested by the

ombudsman, to facilitate the statutory intent of this article.

(4)  Meetings of the board are subject to the provisions of section 24-6-402,

C.R.S., except for executive personnel actions or meetings requiring the protection of confidentiality for children's or parents' personal data pursuant to the federal Child Abuse Prevention and Treatment Act, Pub.L. 93-247, and state privacy laws.

(5)  The records of the board and the office are subject to the provisions of

part 2 of article 72 of title 24, C.R.S.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 975, � 1,

effective May 14. L. 2014: (2)(a) amended, (SB 14-201), ch. 280, p. 1137, � 2, effective May 29. L. 2015: Entire section R&RE, (SB 15-204), ch. 264, p. 1022, � 1, effective June 2. L. 2016: (3) amended and (1)(a.5) added, (SB 16-013), ch. 102, p. 292, � 1, effective April 15. L. 2022: (1)(a), (2)(a), IP(2)(b), (2)(c), and (3)(a)(I) amended, (SB 22-013), ch. 2, p. 26, � 32, effective February 25. L. 2023: (1)(a.5)(VI) added, (SB 23-228), ch. 96, p. 362, � 4, effective April 20. L. 2025: (1)(a), (2)(a), and (3)(a)(I) amended, (SB 25-275), ch. 377, p. 2046, � 79, effective August 6; (1)(a), (2)(a), and (3)(a)(I) amended, (HB 25-1200), ch. 270, p. 1387, � 2, effective August 6.

Editor's note: Subsection (1)(a.5)(VI) provided for the repeal of subsections

(1)(a.5)(IV)(A) to (1)(a.5)(IV)(F) and (1)(a.5)(VI), effective July 1, 2024. (See L. 2023, p. 362.)

19-3.3-103.  Office of the child protection ombudsman - duties - access to

information - confidentiality - testimony - judicial review - definitions. (1) The ombudsman has the following duties, at a minimum:

(a)  To receive and conduct an independent and impartial investigation of

complaints concerning child protection services, including:

(I)  Complaints made by or on behalf of a child;


(II)  Complaints made by or on behalf of a child's or youth's family, caregiver,

or other concerned individual;

(III)  Complaints made by or on behalf of a child or youth pursuant to sections

19-2.5- 1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);

(IV)  Complaints about an incident of egregious abuse or neglect; near

fatality, as described in section 26-1-139; or a fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;

(V)  Complaints concerning systemic issues, including, but not limited to,

statutory, budgetary, regulatory, and administrative issues affecting the safety of and outcomes for children, youth, and families receiving child protection services in Colorado; and

(VI)  Complaints raised by members of the community relating to child

protection policies or procedures.

(b) (I)  Notwithstanding any provision of this section to the contrary, the

ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-903, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review.

(II) (A)  In self-initiating an investigation and ongoing review of the safety and

well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(b)(I) of this section, without cost to the ombudsman.

(B)  A state-licensed residential child care facility shall notify the

ombudsman and the state department within three days after the arrival of each unaccompanied immigrant child.

(C)  The ombudsman may create and distribute outreach materials to a state-licensed residential child care facility and to individuals who may have regular

contact with an unaccompanied immigrant child.

(III)  As used in this subsection (1)(b), unaccompanied immigrant child

means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

(2) (a)  In investigating a complaint described in subsection (1)(a) of this

section, the ombudsman shall:

(I)  Request, access, and review any information, documents, or records,

including records of third parties, the ombudsman deems necessary to conduct an independent and impartial investigation of complaints pursuant to section 19-3.3-103.4;

(II)  Seek resolution of a complaint, which may include, but is not limited to,

referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint; and

(III)  Refer any complaints relating to the judicial department and judicial

proceedings, including, but not limited to, complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures, to the appropriate agency or entity. Nothing in this section grants the office the authority to access information, records, or documents to investigate a complaint made in regard to the provision of legal services by an independent judicial agency or its contractors.

(b) (I)  Notwithstanding subsection (2)(a)(I) of this section to the contrary, the

ombudsman shall not have access to:

(A)  Personnel files;


(B)  Work product;


(C)  Information, documents, or records that may be protected by an agency's

or entity's attorney-client privilege; or

(D)  Information, documents, or records that may be protected by an agency's

deliberative process privilege.

(II)  If an agency or entity withholds information, documents, or records

described in subsection (2)(b)(I) of this section from the ombudsman, the agency or entity shall communicate to the ombudsman that the information, documents, or records were withheld and the reasons for withholding the information, documents, or records.

(c)  The ombudsman may decline to investigate a complaint or continue an

investigation. If the ombudsman declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the decision and the reason for the ombudsman's actions.

(3)  In addition to the duties described in subsection (1)(a) of this section, the

ombudsman has the following duties:

(a)  To report, as required by section 19-3.3-108, concerning the actions of the

ombudsman related to the goals and duties of the office;

(b)  To review the memorandum of understanding between the office and the

judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate;

(c)  To act on behalf of the office and serve as signator for the office;


(d)  To ensure accountability and consistency in the operating policies and

procedures, including reasonable rules to administer the provisions of this article 3.3 and any other standards of conduct and reporting requirements as provided by law;

(e)  To serve or designate a person to serve on the youth restraint and

seclusion working group pursuant to section 26-20-110 (1)(i);

(f)  To review and evaluate the effectiveness and efficiency of any existing

grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms;

 (g)  To help educate the public concerning issues and recommendations the

ombudsman identifies, including on child maltreatment and the role of the community in strengthening families and keeping children safe;

(h)  To promote best practices and effective programs relating to a publicly

funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes; and

(i)  To recommend to the general assembly, the executive director, and any

appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado. Recommendations may address issues the ombudsman identifies during the course of an investigation of complaints, as described in subsection (1)(a) of this section. The ombudsman's recommendations are subject to public disclosure pursuant to article 72 of title 24.

(4)  Nothing in this article 3.3 directs or authorizes the ombudsman to

intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation.

(5)  In the performance of the ombudsman's duties, the ombudsman shall act

independently of any public agency or provider that receives public money and that may adversely affect the safety, permanency, or well-being of a child or youth, including the division within the department of early childhood that is responsible for child care, the divisions within the state department that are responsible for child welfare or youth services, the county departments of human or social services, and all judicial and independent agencies. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of any public agency, including the department of early childhood, state department, judicial department and independent agencies, or county departments of human or social services.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 976, � 1,

effective May 14. L. 2014: IP(1) and IP(2) amended, (SB 14-201), ch. 280, p. 1137, � 3, effective May 29. L. 2015: (1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended, (SB 15-204), ch. 264, pp. 1026, 1031, �� 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and (1)(f) added, (SB 16-013), ch. 102, p. 294, � 2, effective April 15. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1978, � 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g) added, (HB 18-1010), ch. 25, p. 283, � 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d), and (2)(e) amended and (2)(f) added, (HB 21-1272), ch. 324, p. 1984, � 1, effective June 24; (1)(a.5) added, (HB 21-1313), ch. 416, p. 2768, � 1, effective July 2. L. 2022: (1)(a)(II)(D), (1)(a.5)(I), (3), and (5) amended, (HB 22-1295), ch. 123, p. 836, � 42, effective July 1. L. 2025: Entire section amended, (HB 25-1200), ch. 270, p. 1387, � 3, effective August 6.

19-3.3-103.4.  Office of the child protection ombudsman - access to

information. (1) (a) (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a). In the investigation of a complaint or event described in section 19-3.3-103 (1)(a) that occurs in the state, the office must have access to information, records, or documents that either the state department, the department of early childhood, or a county department would be entitled to access or receive.

(II)  The ombudsman shall not have access to information, documents, or

records described in section 19-3.3-103 (2)(b)(I).

(b) (I) The office must have access to all information, records, or documents

that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a) occurring in the state from any entity, including, but not limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.

(II)  The ombudsman shall not have access to information, documents, or

records described in section 19-3.3-103 (2)(b)(I).

(c) (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, near fatality, or incident of egregious

abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the office the final confidential, case-specific review report.

(II) In the course of investigating a complaint described in section 19-3.3-103

(1)(a) that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the nonidentifying case review findings and recommendations.

(2) (a)  The state department shall ensure the office has unrestricted access

to TRAILS, as defined in section 26-5-118.

(b)  For educational purposes, the state department shall ensure office

employees are permitted to attend the child welfare training academy established in section 26-5-109.

(3) The office shall request, review, and receive copies of records as

described in subsection (1) of this section without cost if electronic records are not available.

(4) Nothing in this section grants subpoena power to the ombudsman,

employees of the office, and any other person acting on behalf of the office for purposes of investigating a complaint described in section 19-3.3-103 (1)(a).

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,

effective August 6.

Editor's note: Several provisions of this section are similar to former � 19-3.3-103 (1)(a)(II) as it existed prior to 2025. For a detailed comparison, see the

comparative tables located in the back of the index.

19-3.3-103.5.  Office of the child protection ombudsman - confidentiality.

(1) The ombudsman, employees of the office, and any person acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records.

(2) (a) The office shall treat all complaints received pursuant to section 19-3.3-103 (1)(a) as confidential, including the identities of complainants and

individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation.

(b)  Records relating to complaints received by the office and the

investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

(c) The ombudsman and any employee or person acting on behalf of the

ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (2)(a) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,

effective August 6.

Editor's note: Subsections (2)(a) and (2)(c) are similar to former � 19-3.3-103

(1)(a)(I)(B) and (1)(a)(I)(C), respectively, as they existed prior to 2025.

19-3.3-104.  Qualified immunity. The ombudsman and employees or persons

acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of employment, duties, or responsibilities pertaining to the office, including but not limited to issuing reports or recommendations; except that nothing in this section shall be construed to protect such persons from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,

effective May 14. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1032, � 16, effective June 2.

19-3.3-105.  Advisory work group - development of plan for autonomy and

accountability - repeal. (Repealed)

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,

effective May 14. L. 2014: Entire section R&RE, (SB 14-201), ch. 280, p. 1135, � 1, effective May 29.

Editor's note: Subsection (6) provided for the repeal of this section, effective

July 1, 2016. (See L. 2014, p. 1135.)

19-3.3-106.  Award of contract - extension - repeal. (Repealed)


Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 979, � 1,

effective May 14. L. 2014: (1)(a) amended, (SB 14-201), ch. 280, p. 1137, � 4, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1027, � 3, effective June 2.

Editor's note: Subsection (4) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1027.)

19-3.3-107.  Child protection ombudsman program fund - created - repeal.

(Repealed)

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,

effective May 14. L. 2015: (4) amended and (5) added, (SB 15-204), ch. 264, p. 1027, � 4, effective June 2.

Editor's note: Subsection (5) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1027.)

19-3.3-108.  Office of the child protection ombudsman - annual report. (1)

On or before September 1 of each year, commencing with the September 1 following the first fiscal year in which the office was established, the ombudsman shall prepare a written report that must include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following:

(a)  Actions taken by the ombudsman relating to the duties of the office set

forth in section 19-3.3-103;

(b)  Statutory, regulatory, budgetary, or administrative changes relating to

child protection, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child welfare services in Colorado;

(c)  Results of the ombudsman's self-initiated investigation and ongoing

review of the safety and well-being of an unaccompanied immigrant child who is housed in a state-licensed residential child care facility, as described in section 19-3.3-103.

(d)  Updates on outreach efforts to state-licensed residential child care

facilities and facilities established and operated by the department of human services as described in section 19-3.3-113 (2)(c).

(2)  Notwithstanding section 24-1-136 (11)(a)(I), the ombudsman shall

distribute the written report to the governor, the chief justice, the board, and the general assembly. The ombudsman shall present the report to the health and human services committees of the house of representatives and of the senate, or any successor committees.

(3)  The ombudsman shall post the annual report on the office of the child

protection ombudsman's website and the general assembly's website.

(4)  The ombudsman shall present or communicate quarterly updates to the

board on the activities of the office.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,

effective May 14. L. 2015: IP(1), (1)(a), (2), and (3) amended, (SB 15-204), ch. 264, pp. 1028, 1027, �� 7, 5, effective June 2. L. 2016: (2) amended and (4) added, (SB 16-013), ch. 102, p. 295, � 3, effective April 15. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, � 6, effective August 9. L. 2021: IP(1) amended and (1)(c) added, (HB 21-1313), ch. 416, p. 2769, � 2, effective July 2. L. 2025: (1)(d) added, (HB 25-1200), ch. 270, p. 1396, � 6, effective August 6.

19-3.3-109.  Review by the state auditor's office. At the discretion of the

legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the office.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 981, � 1, effective

May 14. L. 2014: Entire section amended, (SB 14-201), ch. 280, p. 1138, � 5, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1028, � 8, effective June 2. L. 2016: Entire section amended, (SB 16-013), ch. 102, p. 295, � 4, effective April 15.

19-3.3-110.  Funding recommendations. The ombudsman shall make funding

recommendations to the joint budget committee of the general assembly for the operation of the office of the child protection ombudsman. The general assembly shall make annual appropriations, in such amount and form as the general assembly determines appropriate, for the operation of the office.

Source: L. 2015: Entire section added, (SB 15-204), ch. 264, p. 1028, � 6,

effective June 2.

19-3.3-111.  Task force to prevent youth from running from out-of-home

placement - creation - membership - duties - report - definitions - repeal. (Repealed)

Source: L. 2022: Entire section added, (HB 22-1375), ch. 384, p. 2742, � 1,

effective June 7. L. 2023: (1)(d) and (3)(a)(VII)(F) amended, (HB 23-1301), ch. 303, p. 1822, � 24, effective August 7.

Editor's note: Subsection (8) provided for the repeal of this section, effective

June 30, 2025. (See L. 2022, p. 2742.)

19-3.3-112.  Systems and tools to prevent children or youth from running

away - residential child care facility - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Child or youth who has run away means a child or youth who has left

and remains away from a residential child care facility without permission.

(b)  Residential child care facility has the same meaning as set forth in

section 26-6-903.

(2) (a)  The office shall conduct a statewide inventory survey of the physical

infrastructure of residential child care facilities to address, at a minimum:

(I)  The physical infrastructure currently in place to deter children and youth

from running away; and

(II)  The physical infrastructure needed to deter children and youth from

running away.

(b)  The office shall consult with the state department to develop the

inventory survey. Physical infrastructure needs may include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting.

(3)  On or before July 1, 2026, the office shall submit a report to the health

and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the physical infrastructure survey of residential child care facilities conducted pursuant to subsection (2)(a) of this section.

Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 305, � 2,

effective April 10.

Cross references: For the legislative declaration in SB 25-151, see section 1

of chapter 70, Session Laws of Colorado 2025.

19-3.3-113.  Office of the child protection ombudsman - access to state-licensed residential child care facilities and facilities - education of children and

youth in state-licensed residential child care facilities and facilities. (1) (a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facility directors:

(I)  In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;


(II)  In response to a request from a child's or youth's family member,

caregiver, or other concerned individual; or

(III)  To distribute materials pursuant to subsection (2)(a) of this section.


(b)  A state-licensed residential child care facility or facility shall not deny

the office access to the state-licensed residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.

(c)  Dependent upon available resources and at the discretion of the

ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.

(d)  Upon a child's or youth's request, the state-licensed residential child care

facility or facility shall provide a private and confidential space for the child or youth to meet with the ombudsman, an office employee, or a person acting on behalf of the ombudsman.

(e)  The ombudsman, an employee of the office, or a person acting on behalf

of the ombudsman is subject to the protocol and policies of each state-licensed residential child care facility and facility.

(2) (a)  The office shall create and distribute outreach materials to state-licensed residential child care facilities and facilities. The materials must contain

information on how to access the office, the office's services, and how to file a complaint with the office.

(b)  Each state-licensed residential child care facility and facility shall display

the materials described in subsection (2)(a) of this section in a location visible to children or youth receiving services from the residential child care facility or facility.

(c)  The office shall supply the materials described in subsection (2)(a) of this

section at the office's expense. The office shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.

(d)  The office shall coordinate with each state-licensed residential child care

facility and facility to provide in-person educational courses to children and youth residing in the facilities on how to access the office, the office's services, and how to file a complaint with the office.

(3)  The office and each state-licensed residential child care facility or facility

shall operate pursuant to a memorandum of understanding between the office and each residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:

(a)  The office provides each state-licensed residential child care facility or

facility with notice of a child's or youth's request to visit with the ombudsman within forty-eight business hours after receiving the request;

(b)  The state-licensed residential child care facility or facility provides the

ombudsman access to a facility and a private, confidential space to meet with a child or youth within five business days after the office receives the child's or youth's request to meet;

(c)  The office provides the state-licensed residential child care facility or

facility with notice at least five business days before the office would like to enter the state-licensed residential child care facility or facility to distribute materials p

C.R.S. § 24-18-309

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

C.R.S. § 24-54-101

24-54-101. Authorization to establish and maintain retirement plan or system. (1) Any county, municipality, or other political subdivision by itself or in conjunction with any other county, municipality, or political subdivision is hereby authorized to establish and maintain a general plan or system of retirement benefits for its elected or appointed officers and its employees, or any class thereof, subject to appropriations being available therefor.

(2)  (Deleted by amendment, L. 2005, p. 358, � 1, effective April 22, 2005.)


(2.5)  Any pension plan or system of retirement benefits established by a

county or counties may include participating county departments of health and human or social services, library districts organized or existing pursuant to part 1 of article 90 of this title 24 located in whole or in part within those counties, and the district attorneys' offices serving those counties.

(2.7)  Repealed.


(3)  Any municipality, special district, fire authority, or county improvement

district offering fire protection services that is not required to affiliate with the police officers' and firefighters' pension plans established pursuant to the provisions of title 31, C.R.S., may affiliate with a retirement plan or system established pursuant to this article.

(4)  No member of the governing board of the plan shall act upon his own

application for retirement.

(5)  Any county, municipality, political subdivision, or other participating

entity not participating in the social security system pursuant to the provisions of article 53 of this title shall also have the authority to establish a retirement plan or system extending benefits to its employees in lieu of those benefits provided by the social security act, as defined in section 24-53-101.

(6)  The board of any retirement plan or system established in accordance

with this section may allow its employees to participate as members of such plan or system.

(7)  Notwithstanding the provisions of this section, any entity that is not a

county, municipality, or political subdivision as defined in this section but that was included in a retirement plan or system established pursuant to this article before April 22, 2005, shall be allowed to remain in the plan or system.

Source: L. 87: Entire article added, p. 1086, � 2, effective July 1. L. 97: (2.5)

and (6) added and (5) amended, p. 156, � 4, effective March 28; (3) amended, p. 1020, � 37, effective August 6. L. 2005: (1), (2), (3), (5), and (6) amended and (2.7) and (7) added, p. 358, � 1, effective April 22. L. 2012: (2.7) amended, (SB 12-149), ch. 227, p. 1002, � 1, effective May 29. L. 2018: (2.5) amended, (SB 18-092), ch. 38, p. 441, � 98, effective August 8. L. 2019: IP(2.7) amended and (2.7)(a.5) and (2.7)(d.5) added, (SB 19-106), ch. 143, p. 1749, � 1, effective August 2. L. 2025: (2.7) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: Subsection (2.7) was relocated to � 24-54-100.3 in 2025.


Cross references: For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

C.R.S. § 24-72-204

24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal. (1) The custodian of any public records shall allow any person the right of inspection of such records or any portion thereof except on one or more of the following grounds or as provided in subsection (2) or (3) of this section:

(a)  Such inspection would be contrary to any state statute.


(b)  Such inspection would be contrary to any federal statute or regulation

issued thereunder having the force and effect of law.

(c)  Such inspection is prohibited by rules promulgated by the supreme court

or by the order of any court.

(d)  Such inspection would be contrary to the requirements of any joint rule of

the senate and the house of representatives pertaining to lobbying practices.

(2) (a)  The custodian may deny the right of inspection of the following

records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:

(I)  Any records of the investigations conducted by any sheriff, prosecuting

attorney, or police department, any records of the intelligence information or security procedures of any sheriff, prosecuting attorney, or police department, or any investigatory files compiled for any other law enforcement purpose;

(II)  Test questions, scoring keys, and other examination data pertaining to

administration of a licensing examination, examination for employment, or academic examination; except that written promotional examinations and the scores or results thereof conducted pursuant to the state personnel system or any similar system shall be available for inspection, but not copying or reproduction, by the person in interest after the conducting and grading of any such examination;

(III)  The specific details of bona fide research projects being conducted by a

state institution, including, without limitation, research projects undertaken by staff or service agencies of the general assembly or the office of the governor in connection with pending or anticipated legislation;

(IV)  The contents of real estate appraisals made for the state or a political

subdivision thereof relative to the acquisition of property or any interest in property for public use, until such time as title to the property or property interest has passed to the state or political subdivision; except that the contents of such appraisal shall be available to the owner of the property, if a condemning authority determines that it intends to acquire said property as provided in section 38-1-121, C.R.S., relating to eminent domain proceedings, but, in any case, the contents of such appraisal shall be available to the owner under this section no later than one year after the condemning authority receives said appraisal; and except as provided by the Colorado rules of civil procedure. If condemnation proceedings are instituted to acquire any such property, any owner of such property who has received the contents of any appraisal pursuant to this section shall, upon receipt thereof, make available to said state or political subdivision a copy of the contents of any appraisal which the owner has obtained relative to the proposed acquisition of the property.

(V)  Any market analysis data generated by the department of

transportation's bid analysis and management system for the confidential use of the department of transportation in awarding contracts for construction or for the purchase of goods or services and any records, documents, and automated systems prepared for the bid analysis and management system;

(VI)  Repealed.


(VII)  Electronic mail addresses, telephone numbers, or home addresses

provided by a person to an elected official, agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the elected official, agency, institution, or political subdivision;

(VIII) (A)  Specialized details of either security arrangements or investigations

or the physical and cyber assets of critical infrastructure, including the specific engineering, vulnerability, detailed design information, protective measures, emergency response plans, or system operational data of such assets that would be useful to a person in planning an attack on critical infrastructure but that does not simply provide the general location of such infrastructure. Nothing in this subsection (2)(a)(VIII) prohibits the custodian from transferring records containing specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure to the division of homeland security and emergency management in the department of public safety, the governing body of any city, county, city and county, or other political subdivision of the state, or any federal, state, or local law enforcement agency; except that the custodian shall not transfer any record received from a nongovernmental entity without the prior written consent of the entity unless such information is already publicly available.

(B)  Records of the expenditure of public moneys on security arrangements

or investigations, including contracts for security arrangements and records related to the procurement of, budgeting for, or expenditures on security systems, shall be open for inspection, except to the extent that they contain specialized details of security arrangements or investigations. A custodian may deny the right of inspection of only the portions of a record described in this sub-subparagraph (B) that contain specialized details of security arrangements or investigations and shall allow inspection of the remaining portions of the record.

(C)  If an official custodian has custody of a public record provided by another

public entity, including the state or a political subdivision, that contains specialized details of security arrangements or investigations, the official custodian shall refer a request to inspect that public record to the official custodian of the public entity that provided the record and shall disclose to the person making the request the names of the public entity and its official custodian to which the request is referred.

(IX) (A)  Any records of ongoing civil or administrative investigations

conducted by the state or an agency of the state in furtherance of their statutory authority to protect the public health, welfare, or safety unless the investigation focuses on a person or persons inside of the investigative agency.

(B)  Upon conclusion of a civil or administrative investigation that is closed

because no further investigation, discipline, or other agency response is warranted, all records not exempt pursuant to any other law are open to inspection; except that the custodian may remove the name or other personal identifying or financial information of witnesses or targets of such closed investigations from investigative records prior to inspection.

(C)  Notwithstanding any other provision of this subparagraph (IX), a record is

not subject to withholding on the grounds that it is maintained or kept in a civil or administrative investigative file except pursuant to paragraph (a) of subsection (6) of this section if the record was publicly disclosed; was filed with an agency of the state by a regulated entity under a statutory, regulatory, or permit requirement; or was received from a governmental entity and would be available if requested directly from the transmitting entity.

(D)  Nothing in this subparagraph (IX) prohibits an agency from disclosing

information or materials during an open investigation if it is in the interest of public health, welfare, or safety.

(X)  Any records containing data or information that reveals the specific

location or could be used to determine the specific location of:

(A)  A plant species identified as a Colorado plant of greatest conservation

need in Colorado's state wildlife action plan;

(B)  An individual animal or a group of animals; or


(C)  An individual animal's or group of animal's breeding or nesting habitat.


(b)  If the right of inspection of any record falling within any of the

classifications listed in this subsection (2) is allowed to any officer or employee of any newspaper, radio station, television station, or other person or agency in the business of public dissemination of news or current events, it shall be allowed to all such news media.

(c)  Notwithstanding any provision to the contrary in subparagraph (I) of

paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.

(d)  Notwithstanding any provision to the contrary in subparagraph (I) of

paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a witness protection board, the department of public safety, or a prosecuting attorney that are confidential pursuant to section 24-33.5-106.5.

(e)  Notwithstanding any provision to the contrary in subparagraph (I) of

paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by the safe2tell program, as described in section 24-31-606.

(3) (a)  The custodian shall deny the right of inspection of the following

records, unless otherwise provided by law; except that the custodian shall make any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):

(I)  Medical, mental health, sociological, and scholastic achievement data,

and electronic health records, on individual persons, other than scholastic achievement data submitted as part of finalists' records as set forth in subsection (3)(a)(XI) of this section and exclusive of coroners' autopsy reports and group scholastic achievement data from which individuals cannot be identified; but either the custodian or the person in interest may request a professionally qualified person, who shall be furnished by the said custodian, to be present to interpret the records;

(II) (A)  Personnel files; but such files shall be available to the person in

interest and to the duly elected and appointed public officials who supervise such person's work.

(B)  The provisions of this subparagraph (II) shall not be interpreted to

prevent the public inspection or copying of any employment contract or any information regarding amounts paid or benefits provided under any settlement agreement pursuant to the provisions of article 19 of this title.

(III)  Letters of reference;


(IV)  Trade secrets, privileged information, and confidential commercial,

financial, geological, or geophysical data, including a social security number unless disclosure of the number is required, permitted, or authorized by state or federal law, furnished by or obtained from any person;

(V)  Library and museum material contributed by private persons, to the

extent of any limitations placed thereon as conditions of such contributions;

(VI)  Except as provided in section 1-2-227, addresses and telephone numbers

of students in any public elementary or secondary school;

(VII)  Library records disclosing the identity of a user as prohibited by section

24-90-119;

(VIII)  Repealed.


(IX)  Names, addresses, telephone numbers, and personal financial

information of past or present users of public utilities, public facilities, or recreational or cultural services that are owned and operated by the state, its agencies, institutions, or political subdivisions; except that nothing in this subparagraph (IX) shall prohibit the custodian of records from transmitting such data to any agent of an investigative branch of a federal agency or any criminal justice agency as defined in section 24-72-302 (3) that makes a request to the custodian to inspect such records and who asserts that the request for information is reasonably related to an investigation within the scope of the agency's authority and duties. Nothing in this subparagraph (IX) shall be construed to prohibit the publication of such information in an aggregate or statistical form so classified as to prevent the identification, location, or habits of individuals.

(X) (A)  Any records of sexual harassment complaints and investigations,

whether or not such records are maintained as part of a personnel file; except that, an administrative agency investigating the complaint may, upon a showing of necessity to the custodian of records, gain access to information necessary to the investigation of such a complaint. This sub-subparagraph (A) shall not apply to records of sexual harassment complaints and investigations that are included in court files and records of court proceedings. Disclosure of all or a part of any records of sexual harassment complaints and investigations to the person in interest is permissible to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved. This sub-subparagraph (A) shall not preclude disclosure of all or part of the results of an investigation of the general employment policies and procedures of an agency, office, department, or division, to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved.

(B)  A person in interest under this subparagraph (X) includes the person

making a complaint and the person whose conduct is the subject of such a complaint.

(C)  A person in interest may make a record maintained pursuant to this

subparagraph (X) available for public inspection when such record supports the contention that a publicly reported, written, printed, or spoken allegation of sexual harassment against such person is false.

(D)  Repealed.


(X.5)  Records created, maintained, or provided to a custodian by the

legislative human resources division created in section 2-3-511 that are related to a workplace harassment complaint or investigation, a complaint under the workplace expectations policy, or an inquiry or request concerning workplace harassment or conduct, whether or not the records are part of a formal or informal complaint or resolution process;

(XI) (A)  Except as provided in subsection (3)(a)(XI)(D) of this section, records

submitted by or on behalf of an applicant or candidate for any employment position, including an applicant for an executive position as defined in section 24-72-202 (1.3) who is not a finalist. For purposes of this subsection (3)(a)(XI), finalist means an applicant or candidate for an executive position as the chief executive officer of a state agency, institution, or political subdivision or agency thereof who is named as a finalist pursuant to section 24-6-402 (3.5).

(B)  This subsection (3)(a)(XI) shall not be construed to prohibit the public

inspection or copying of any records submitted by or on behalf of a finalist or the applications of past or current employees; except that letters of reference or medical, psychological, and sociological data concerning finalists or past or current employees shall not be made available for public inspection or copying.

(C)  This subsection (3)(a)(XI) applies to employment selection processes for

all employment and executive positions, including, but not limited to, selection processes conducted or assisted by private persons or firms at the request of a state agency, institution, or political subdivision.

(D)  Notwithstanding subsection (3)(a)(XI)(A) of this section, a custodian shall

allow public inspection of the demographic data of a candidate who was interviewed by the state public body, local public body, or search committee for an executive position as defined in section 24-72-202 (1.3), but is not named as a finalist pursuant to subsection 24-6-402 (3.5). For purposes of this subsection (3)(a)(XI)(D), demographic data means information on a candidate's race and gender that has been legally requested and voluntarily provided on the candidate's application and does not include the candidate's name or other information.

(XII)  Any record indicating that a person has obtained an identifying license

plate or placard for persons with disabilities under section 42-3-204, C.R.S., or any other motor vehicle record that would reveal the presence of a disability;

(XIII)  Records protected under the common law governmental or

deliberative process privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived. The general assembly hereby finds and declares that in some circumstances, public disclosure of such records may cause substantial injury to the public interest. If any public record is withheld pursuant to this subparagraph (XIII), the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest. If the applicant so requests, the custodian shall apply to the district court for an order permitting him or her to restrict disclosure. The application shall be subject to the procedures and burden of proof provided for in subsection (6) of this section. All persons entitled to claim the privilege with respect to the records in issue shall be given notice of the proceedings and shall have the right to appear and be heard. In determining whether disclosure of the records would cause substantial injury to the public interest, the court shall weigh, based on the circumstances presented in the particular case, the public interest in honest and frank discussion within government and the beneficial effects of public scrutiny upon the quality of governmental decision-making and public confidence therein.

(XIV)  [Editor's note: This version of subsection (3)(a)(XIV) is effective until

January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), person in interest means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.

(XIV)  [Editor's note: This version of subsection (3)(a)(XIV) is effective

January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian or veterinary professional associate enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), person in interest means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.

(XV)  Nominations submitted to a state institution of higher education for the

awarding of honorary degrees, medals, and other honorary awards by the institution, proposals submitted to a state institution of higher education for the naming of a building or a portion of a building for a person or persons, and records submitted to a state institution of higher education in support of such nominations and proposals;

(XVI)  (Deleted by amendment, L. 2003, p. 1636, � 1, effective May 2, 2003.)


(XVII)  Repealed.


(XVIII) (A)  Military records filed with a county clerk and recorder's office

concerning a member of the military's separation from military service, including the form DD214 issued to a member of the military upon separation from service, that are restricted from public access pursuant to 5 U.S.C. sec. 552 (b)(6) and the requirements established by the national archives and records administration. Notwithstanding any other provision of this section, if the member of the military about whom the record concerns is deceased, the custodian shall allow the right of inspection to the member's parents, siblings, widow or widower, and children.

(B)  On and after July 1, 2002, any county clerk and recorder that accepts for

filing any military records described in sub-subparagraph (A) of this subparagraph (XVIII) shall maintain such military records in a manner that ensures that such records will not be available to the public for inspection except as provided in sub-subparagraph (A) of this subparagraph (XVIII).

(C)  Nothing in this subparagraph (XVIII) shall prohibit a county clerk and

recorder from taking appropriate protective actions with regard to records that were filed with or placed in storage by the county clerk and recorder prior to July 1, 2002, in accordance with any limitations determined necessary by the county clerk and recorder.

(D)  The county clerk and recorder and any individual employed by the county

clerk and recorder shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.

(XIX) (A)  Except as provided in subsection (3)(a)(XIX)(C) of this section,

applications for a marriage license submitted pursuant to part 1 of article 2 of title 14 and, except as provided in subsection (3)(a)(XIX)(C) of this section, applications for a civil union license submitted pursuant to article 15 of title 14. A person in interest under this subsection (3)(a)(XIX) includes an immediate family member of either party to the marriage application. As used in this subsection (3)(a)(XIX), immediate family member means a person who is related by blood, marriage, or adoption. Nothing in this subsection (3)(a)(XIX) is construed to prohibit the inspection of marriage licenses or marriage certificates or of civil union certificates or to otherwise change the status of those licenses or certificates as public records.

(B)  Repealed.


(C)  Upon application by any person to the district court in the district wherein

a record of an application for a marriage license or a civil union license is found, the district court may, in its discretion and upon good cause shown, order the custodian to permit the inspection of such record.

(XX)  Repealed.


(XXI)  All records, including, but not limited to, analyses and maps, compiled

or maintained pursuant to statute or rule by the department of natural resources or its divisions that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners or lands; except that summary or aggregated data that do not specifically identify individual landowners or specific parcels of land shall not be subject to this subparagraph (XXI);

(XXII)  Personal information, as defined in section 18-9-313 (1)(l), in a record

for which the custodian has received a request under section 18-9-313, and personal information, as defined in section 18-9-313.5 (1)(e), in a record for which the custodian has received a request under section 18-9-313.5 (3), unless access to the information is authorized by section 18-9-313.5 (3)(c);

(XXIII)  Records, including analyses and maps, compiled or maintained in

accordance with article 73 of title 35 that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners, land managers, agricultural producers, or parcels of land; except that the custodian may release or authorize inspection of summary or aggregated data that do not specifically identify individual landowners, land managers, agricultural producers, or parcels of land;

(XXIV)  Records that are not subject to disclosure pursuant to section 33-3-110.5;


(XXV) (A)  Personally identifiable information that is contained within an

agreement or a contract concerning a student athlete's or a prospective student athlete's name, image, or likeness, or any communication or material related to an agreement or a contract concerning a student athlete's or a prospective student athlete's name, image, or likeness.

(B)  As used in this subsection (3)(a)(XXV), personally identifiable

information means information that could reasonably be used to identify an individual, including first and last name; residence or other physical address; email address; telephone number; birth date; license fee paid to the student athlete or prospective student athlete for the use of their name, image, or likeness; credit card information; or social security number.

(C)  As used in this subsection (3)(a)(XXV), student athlete has the same

meaning as set forth in section 23-16-301.

(XXVI)  [Editor's note: For the applicability of this subsection (3)(a)(XXVI) on

or after January 1, 2026, see the editor's note following this section.] Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121.

(b)  Nothing in this subsection (3) shall prohibit the custodian of records from

transmitting data concerning the scholastic achievement of any student to any prospective employer of such student, nor shall anything in this subsection (3) prohibit the custodian of records from making available for inspection, from making copies, print-outs, or photographs of, or from transmitting data concerning the scholastic achievement or medical, psychological, or sociological information of any student to any law enforcement agency of this state, of any other state, or of the United States where such student is under investigation by such agency and the agency shows that such data is necessary for the investigation.

(c)  Nothing in this subsection (3) shall prohibit the custodian of the records

of a school, including any institution of higher education, or a school district from transmitting data concerning standardized tests, scholastic achievement, disciplinary information involving a student, or medical, psychological, or sociological information of any student to the custodian of such records in any other such school or school district to which such student moves, transfers, or makes application for transfer, and the written permission of such student or his or her parent or guardian shall not be required therefor. No state educational institution shall be prohibited from transmitting data concerning standardized tests or scholastic achievement of any student to the custodian of such records in the school, including any state educational institution, or school district in which such student was previously enrolled, and the written permission of such student or his or her parent or guardian shall not be required therefor.

(d)  This subsection (3)(d) applies to all public schools and school districts

that receive funding under article 54 of title 22. Notwithstanding subsection (3)(a)(VI) of this section, under policies adopted by the local board of education, the names, addresses, and home telephone numbers of students in any secondary school must be released to a recruiting officer for any branch of the United States armed forces who requests such information, subject to the following:

(I)  Each local board of education shall adopt a policy to govern the release of

the names, addresses, and home telephone numbers of secondary school students to military recruiting officers that provides that such information shall be released to recruiting officers unless a student submits a request, in writing, that such information not be released.

(II)  The directory information requested by a recruiting officer shall be

released by the local board of education within ninety days of the date of the request.

(III)  The local board of education shall comply with any applicable provisions

of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and the federal regulations cited thereunder relating to the release of student information by educational institutions that receive federal funds.

(IV)  Actual direct expenses incurred in furnishing this information shall be

paid for by the requesting service and shall be reasonable and customary.

(V)  The recruiting officer shall use the data released for the purpose of

providing information to students regarding military service and shall not use it for any other purpose or release such data to any person or organization other than individuals within the recruiting services of the armed forces.

(e) (I)  This subsection (3)(e) applies to all public schools and school districts.

Notwithstanding subsection (3)(a)(I) of this section, under policies adopted by each local board of education, consistent with applicable provisions of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, information directly related to a student and maintained by a public school or by a person acting for the public school must be available for release if the disclosure meets one or more of the following conditions:

(A)  The disclosure is to other school officials, including teachers, working in

the school at which the student is enrolled who have specific and legitimate educational interests in the information for use in furthering the student's academic achievement or maintaining a safe and orderly learning environment;

(B)  The disclosure is to officials of a school at which the student seeks or

intends to enroll or the disclosure is to officials at a school at which the student is currently enrolled or receiving services, after making a reasonable attempt to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or attending an institution of postsecondary education, as prescribed by federal regulation;

(C)  The disclosure is to state or local officials or authorities if the disclosure

concerns the juvenile justice system and the system's ability to serve effectively, prior to adjudication, the student whose records are disclosed and if the officials and authorities to whom the records are disclosed certify in writing that the information shall not be disclosed to any other party, except as otherwise provided by law, without the prior written consent of the student's parent or legal guardian or of the student if he or she is at least eighteen years of age or is attending an institution of postsecondary education;

(D)  The disclosure is to comply with a judicial order or a lawfully issued

subpoena, if a reasonable effort is made to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or is attending a postsecondary institution about the order or subpoena in advance of compliance, so that such parent, legal guardian, or student is provided an opportunity to seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or the issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

(E)  The disclosure is in connection with an emergency if knowledge of the

information is necessary to protect the health or safety of the student or other individuals, as specifically prescribed by federal regulation.

(II)  Nothing in this paragraph (e) shall prevent public school administrators,

teachers, or staff from disclosing information derived from personal knowledge or observation and not derived from a student's record maintained by a public school or a person acting for the public school.

(3.5) (a)  Any individual who meets the requirements of this subsection (3.5)

may request that their address included in any public records concerning them that are required to be made, maintained, or kept pursuant to the following sections be kept confidential:

(I)  Sections 1-2-227 and 1-2-301, C.R.S.;


(II)  (Deleted by amendment, L. 2000, p. 1337, � 1, effective May 30, 2000.)


(III)  Section 24-6-202.


(b) (I)  An individual may make the request of confidentiality allowed by this

subsection (3.5) if the individual is a first responder or if the individual has reason to believe that the individual, or any member of the individual's immediate family who resides in the same household as the individual, will be exposed to criminal harassment as prohibited in section 18-9-111, or otherwise be in danger of bodily harm, if the individual's address is not kept confidential in accordance with this subsection (3.5).

(II)  An individual must make the request for confidentiality allowed by

subsection (3.5)(a) of this section to the county clerk and recorder of the county where the individual making the request resides. The secretary of state shall approve the application form for a request for confidentiality. The application form shall provide space for the applicant to provide their name and address, date of birth, and any other identifying information determined by the secretary of state to be necessary to carry out this subsection (3.5). In addition, an affirmation must be printed on the form, in the area immediately above a line for the applicant's signature and the date, stating the following: I swear or affirm, under penalty of perjury, that I have reason to believe that I, or a member of my immediate family who resides in my household, will be exposed to criminal harassment, or otherwise be in danger of bodily harm, if my address is not kept confidential or that I am or have been a first responder or am or have been the spouse or civil union partner of a first responder and am eligible to have my address kept confidential pursuant to section 24-72-204 (3.5). Immediately below the signature line, there must be printed a notice, in a type that is larger than the other information contained on the form, that the applicant may be prosecuted for perjury in the second degree under section 18-8-503 if the applicant signs the affirmation and does not believe the affirmation to be true or is not or has not been a first responder or the spouse or civil union partner of a first responder.

(III)  Each county clerk and recorder shall:


(A)  Make the confidentiality request application forms available in their

office;

(B)  Provide the confidentiality request application forms to interested

persons by United States mail, email delivery, or facsimile transmission, if requested;

(C)  Permit individuals to submit completed and signed confidentiality

request application forms by United States mail, personal delivery, email delivery, or facsimile transmission; and

(D)  Process an individual's request for confidentiality pursuant to this

subsection (3.5) without imposing a processing fee or any other charge.

(IV)  The secretary of state shall provide an opportunity for any individual to

make the request of confidentiality allowed by paragraph (a) of this subsection (3.5), with respect to the records described in subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary of state may charge a processing fee, not to exceed five dollars, for each such request. All processing fees collected by the secretary of state pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.

(V)  Repealed.


(c)  The custodian of any records described in subsection (3.5)(a) of this

section that concern an individual who has made a request for confidentiality pursuant to this subsection (3.5) shall deny the right of inspection of the individual's address contained in such records on the ground that disclosure would be contrary to the public interest; except that the custodian shall allow the inspection of the records by the individual, by any person authorized in writing by that individual, and by any individual employed by one of the following entities who makes a request to the custodian to inspect the records and who provides evidence satisfactory to the custodian that the inspection is reasonably related to the authorized purpose of the employing entity:

(I)  A criminal justice agency, as defined by section 24-72-302 (3);


(II)  An agency of the United States, the state of Colorado, or of any political

subdivision or authority thereof;

(III)  A person required to obtain such individual's address in order to comply

with federal or state law or regulations adopted pursuant thereto;

(IV)  An insurance company which has a valid certificate of authority to

transact insurance business in Colorado as required in section 10-3-105 (1), C.R.S.;

(V)  A collection agency which has a valid license as required by section 5-16-115 (1);


(VI)  A supervised lender licensed pursuant to section 5-1-301 (46), C.R.S.;


(VII)  A bank as defined in section 11-101-401 (5), C.R.S., a trust company as

defined in section 11-109-101 (11), C.R.S., a credit union as defined in section 11-30-101 (1), C.R.S., a domestic savings and loan association as defined in section 11-40-102 (5), C.R.S., a foreign savings and loan association as defined in section 11-40-102 (8), C.R.S., or a broker-dealer as defined in section 11-51-201 (2), C.R.S.;

(VIII)  An attorney licensed to practice law in Colorado or his representative

authorized in writing to inspect such records on behalf of the attorney;

(IX)  A manufacturer of any vehicle required to be registered pursuant to the

provisions of article 3 of title 42, C.R.S., or a designated agent of such manufacturer. Such inspection shall be allowed only for the purpose of identifying, locating, and notifying the registered owners of such vehicles in the event of a product recall or product advisory and may also be allowed for statistical purposes where such address is not disclosed by such manufacturer or designated agent. No person who obtains the address of an individual pursuant to this subparagraph (IX) shall disclose such information, except as necessary to accomplish said purposes.

(d)  Notwithstanding any provisions of this subsection (3.5) to the contrary,

any person who appears in person in the office of any custodian of records described in paragraph (a) of this subsection (3.5) and who presents documentary evidence satisfactory to the custodian that such person is a duly accredited representative of the news media may verify the address of an individual whose address is otherwise protected from inspection in accordance with this subsection (3.5). Such verification shall be limited to the custodian confirming or denying that the address of an individual as known to the representative of the news media is the address of the individual as shown by the records of the custodian.

(e)  A person shall not make any false statement in requesting any

information pursuant to subsection (3.5)(c) or (3.5)(d) of this section.

(f)  Any request of confidentiality made pursuant to this subsection (3.5) shall

be kept confidential and shall not be open to inspection as a public record unless a written release is executed by the person who made the request.

(g)  Prior to the release of any information required to be kept confidential

pursuant to this subsection (3.5), the custodian shall require the person requesting the information to produce a valid Colorado driver's license or identification card and written authorization from any entity authorized to receive information under this subsection (3.5). The custodian shall keep a record of the requesting person's name, address, and date of birth and shall make such information available to the individual requesting confidentiality under this subsection (3.5) or any person authorized by such individual.

(h)  As used in this subsection (3.5), unless the context otherwise requires,

first responder means an elector, as defined in section 1-1-104 (12), who is or who has been one of the following:

(I)  A peace officer, as described in section 16-2.5-101;


(II)  A firefighter, as defined in section 29-5-203 (10);


(III)  A volunteer firefighter, as defined in section 31-30-1102 (9)(a);


(IV)  An emergency medical service provider, as defined in section 25-3.5-103

(8);

(V)  An emergency communications specialist, as defined in section 29-11-101

(10.5);

(VI)  The spouse or civil union partner of an individual specified in subsection

(3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III), (3.5)(h)(IV), or (3.5)(h)(V) of this section.

(4)  If the custodian denies access to any public record, the applicant may

request a written statement of the grounds for the denial, which statement shall cite the law or regulation under which access is denied and shall be furnished forthwith to the applicant.

(5) (a)  Except as provided in subsection (5.5) of this section, any person

denied the right to inspect any record covered by this part 2 or who alleges a violation of section 24-72-203 (3.5) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least fourteen days prior to filing an application with the district court, the person who has been denied the right to inspect the record shall file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. During the fourteen-day period before the person may file an application with the district court under this subsection (5)(a), the custodian who has denied the right to inspect the record shall either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. Any common expense necessary to resolve the dispute must be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the person must provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least three business days prior to the date on which the person files the application with the district court and, in such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.

(b)  Hearing on the application described in subsection (5)(a) of this section

must be held at the earliest practical time. Unless the court finds that the denial of the right of inspection was proper, it shall order the custodian to permit such inspection and shall award court costs and reasonable attorney fees to the prevailing applicant in an amount to be determined by the court; except that no court costs and attorney fees shall be awarded to a person who has filed a lawsuit against a state public body or local public body and who applies to the court for an order pursuant to subsection (5)(a) of this section for access to records of the state public body or local public body being sued if the court finds that the records being sought are related to the pending litigation and are discoverable pursuant to chapter 4 of the Colorado rules of civil procedure. In the event the court finds that the denial of the right of inspection was proper, the court shall award court costs and reasonable attorney fees to the custodian if the court finds that the action was frivolous, vexatious, or groundless.

(5.5) (a)  Any person seeking access to the record of an executive session

meeting of a state public body or a local public body recorded pursuant to section 24-6-402 (2)(d.5) shall, upon application to the district court for the district wherein the records are found, show grounds sufficient to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4). If the applicant fails to show grounds sufficient to support such reasonable belief, the court shall deny the application and, if the court finds that the application was frivolous, vexatious, or groundless, the court shall award court costs and attorney fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious, or groundless action, regardless of the outcome of the in camera review.

(b) (I)  Upon finding that sufficient grounds exist to support a reasonable

belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4), the court shall conduct an in camera review of the record of the executive session to determine whether the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4).

(II)  If the court determines, based on the in camera review, that violations of

the open meetings law occurred, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in section 24-6-402 (3) or (4) or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection.

(6) (a)  If, in the opinion of the official custodian of any public record,

disclosure of the contents of said recor

C.R.S. § 29-34-101

29-34-101. Bullying, harassment, and intimidation - local elected official - social media - legislative declaration - definitions. (1) (a) The general assembly finds and declares that the private social media administered by a local elected official or designee is a private account and does not create a public forum;

(b)  A local 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 local elected official; and

(c)  Therefore, the general assembly determines that it is appropriate to

acknowledge in law that a local elected official or designee has discretion to restrict or remove a user of private social media that is administered by the local elected official or designee for any reason, including bullying, harassment, or intimidation of other users of the private social media administered by the local 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)  Local elected official means an individual serving in an elected position

in the state who is not a state elected official, as defined in section 24-18.3-101 (2)(g).

(e)  Obscene means a patently offensive description of sexual acts or

solicitation to commit sexual acts.

(f)  Private social media means social media that is not supported by the

resources of a local government and is not required by state or local law, ordinance, or regulation to be created or maintained by a local elected official.

(g)  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.

(3)  A local elected official may permanently or temporarily restrict or bar an

individual from using the private social media that is administered by the local elected official or their designee for any reason, including bullying, harassment, or intimidation, in the local 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. 2269, � 2,

effective June 5.

ARTICLE 35

State Land Use Criteria for Strategic Growth

Editor's note: Parts 1, 2, 3, and 4 of this article 35 were originally numbered

as part 1 of article 37 in HB 24-1313, part 2 of article 37 in HB 24-1313, article 36 in HB 24-1304, and article 35 in HB 24-1152, respectively, but were renumbered on revision for ease of location.

PART 1

DEFINITIONS

Editor's note: This part 1 was originally numbered as part 1 of article 37 of

this title 29 in HB 24-1313 but was renumbered on revision for ease of location.

C.R.S. § 29-8-103

29-8-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Cable operator shall have the same meaning as set forth in the federal

Cable Communications Policy Act of 1984, as amended, 47 U.S.C. sec. 522.

(1.5)  Communication service means the transmission of intelligence by

electrical means, including, but not limited to, telephone, telegraph, messenger-call, block, police, fire alarm, and traffic control circuits or the transmission of television or radio signals.

(2)  Convert or conversion means the removal of all or any part of any

existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

(3)  Electric or communication facilities means any works or improvements

used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.

(4)  Electric service means the transmission and distribution of electricity

for heat, light, or power.

(5)  Governing body means the board of county commissioners or city

council or board of trustees, as may be appropriate, depending on whether the improvement district is located in a county or within a city or town.

(6)  Net effective interest rate means the net interest cost of bonds divided

by the sum of the products derived by multiplying the principal amounts of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(7)  Overhead electric or communication facilities means electric or

communication facilities located, in whole or in part, above the surface of the ground.

(7.5)  Political subdivision means a county, city and county, city, town, home

rule city, home rule town, service authority, school district, local improvement district, law enforcement authority, any special district such as water, sanitation, fire protection, metropolitan, irrigation, or drainage, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

(8)  Public utility means one or more persons or corporations that provide

electric or communication service to the public by means of electric or communication facilities and shall include any city, county, special district, or public corporation that provides electric or communication service to the public by means of electric or communication facilities.

(9)  Resolution means ordinance, where the governing body properly acts

by ordinance, or resolution, where the governing body is authorized to act by resolution.

(10)  Underground electric or communication facilities means electric or

communication facilities located, in whole or in part, beneath the surface of the ground, or facilities within the confines of a power substation. Communication facilities does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio or outdoor public telephones. Underground facilities includes certain facilities even though such facilities remain above the surface, in accordance with standard underground practices, such as transformers, pull boxes, service terminals, meters, pedestal terminals, splice closures, apparatus cabinets, and similar facilities.

Source: L. 71: p. 987, � 1. C.R.S. 1963: � 89-23-3. L. 99: (1) amended and (1.5)

and (7.5) added, p. 373, � 2, effective April 22. L. 2001: (3) and (4) amended, p. 240, � 1, effective July 1.

C.R.S. § 30-15-401

30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county commissioners may adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers:

(a) (I) (A)  To provide for and compel the removal of rubbish, including trash,

junk, and garbage, from lots and tracts of land within the county, except industrial tracts of ten or more acres and agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such rubbish, and to assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts from which such rubbish has been removed. Ordinances passed by a board of county commissioners for the removal of rubbish pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which rubbish shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this sub-subparagraph (A).

(B)  A county court or district court having jurisdiction over property from

which rubbish shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an administrative entry and seizure warrant for the removal of such rubbish. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the rubbish within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, a general list of any rubbish to be removed from such property, and the proposed disposal or temporary impoundment of such rubbish, whichever the court deems appropriate. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (B), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority.

(I.5) (A)  To provide for and compel the removal of weeds and brush from lots

and tracts of land within the county except agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such weeds and brush, and to assess the reasonable cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the property from which such weeds have been removed. Ordinances passed by a board of county commissioners for the removal of weeds and brush pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which weeds and brush shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such property until paid and shall have priority based on its date of recording. A county shall not compel the removal of weeds and brush pursuant to this sub-subparagraph (A) upon any lot or tract of land within the county during such time that a mortgage or deed of trust secured by the lot or tract of land is being foreclosed upon.

(B)  In case such assessment is not paid within a reasonable time specified by

ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments pursuant to this sub-subparagraph (B).

(C)  A county court or district court having jurisdiction over property from

which weeds and brush shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I.5) shall issue an administrative entry and seizure warrant for the removal of such weeds and brush. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I.5) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the weeds and brush within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, and the proposed disposal of such weeds and brush. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (C), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant shall be submitted to the court by the executing authority.

(II)  To inspect vehicles proposed to be operated in the conduct of the

business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials and to determine, among other things, that any such vehicle has the following:

(A)  A permanent cover of canvas or equally suitable or superior material

designed to cover the entire open area of the body of such vehicle;

(B)  A body so constructed as to be permanently leakproof as to such

discarded materials;

(C)  Extensions of sideboards and tailgate, if any, constructed of permanent

materials;

(III)  To contract with persons in the business of transporting and disposing of

ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to provide such services, but in no event on an exclusive territorial basis, to every lot and tract of land requiring such services within the unincorporated area of the county or in conjunction with the county on such terms as shall be agreed to by the board of county commissioners. Nothing in this subparagraph (III) shall be deemed to preclude the owner or tenant of any such lot or tract from removing discarded materials from his lot, so long as appropriate standards of safety and health are observed.

(IV)  To regulate the activities of persons in the business of transporting

ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area by requiring each such person to secure a license from the county and charging a fee therefor to cover the cost of administration and enforcement and by requiring adherence to such reasonable standards of health and safety as may be prescribed by the board of county commissioners and to prohibit any person from commercially collecting or disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area without a license and when not in compliance with such standards of health and safety as may be prescribed by the board;

(V)  To do all acts and make all regulations which may be necessary or

expedient for the promotion of health or the suppression of disease, limited to the following:

(A)  In addition to the authority given counties under section 18-4-511, C.R.S.,

to restrain, fine, and punish persons for dumping rubbish, including trash, junk, and garbage, on public or private property;

(B)  (Deleted by amendment, L. 2008, p. 2054, � 11, effective July 1, 2008.)


(C)  To adopt reasonable regulations for controlling pollution caused by wood

smoke;

(D)  In addition to the authority given counties under article 5 of title 35,

C.R.S., to establish mosquito control areas, to assess the whole cost thereof against those persons especially benefitted by the service, and, if a person's portion of the assessment is not paid within a reasonable time as specified by ordinance, to direct that the assessment, which shall be a lien against the property of such person, be certified by the county clerk and recorder to the county treasurer for collection in the same manner as other taxes are collected;

(VI)  To require every person in the business of transporting ashes, trash,

waste, rubbish, garbage, or industrial waste products or any other discarded materials to and from disposal sites to have, before commencing such operations, in such motor vehicle a motor vehicle liability insurance policy or evidence of such policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado in the sum of not less than one hundred fifty thousand dollars for damages for or on account of any bodily injury to or the death of each person as the result of any one accident, in the sum of not less than one hundred fifty thousand dollars for damages to the property of others as the result of any one accident, and in the total sum of not less than four hundred thousand dollars for damages for or on account of any bodily injury to or the death of all persons and for damages to the property of others. Any liability for failure to comply with the requirements of this subparagraph (VI) shall be borne by the individual, partnership, or corporation who owns such vehicle.

(b)  To prevent and suppress riots, routs, affrays, disturbances, and disorderly

assemblies in any public or private place;

(c)  To suppress bawdy and disorderly houses and houses of ill fame or

assignation; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;

(d)  To restrain and punish loiterers and prostitutes;


(d.5)  To discourage juvenile delinquency through the imposition of curfews

applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this subsection (1)(d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this subsection (1)(d.5), juvenile means a juvenile as defined in section 19-2.5-102 and graffiti implement means an aerosol paint container, broad-tipped marker, gum label, paint stick or graffiti stick, or etching equipment.

(e)  To control unleashed or unclaimed animals, except those animals defined

in section 35-44-101 (1), C.R.S.;

(f)  To use the county jail for the confinement or punishment of offenders,

subject to such conditions as are imposed by law and with the consent of the board of county commissioners;

(g)  To authorize the acceptance of a bail bond when any person has been

arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state.

(h) (I)  To control and regulate the movement and parking of vehicles and

motor vehicles on public property; except that:

(A)  Misdemeanor traffic offenses and the posted speed limit on any state

highway located within the county are matters of statewide interest;

(B)  For the purposes of any minimum parking requirement a board of county

commissioners imposes, the board of county commissioners is subject to article 35 of title 29 and section 30-28-140; and

(C)  For the purpose of regulating the installation of electric vehicle charging

stations, the board of county commissioners is subject to section 30-28-212.

(II)  The county may establish fire lanes and emergency vehicle access on

public or private property zoned commercial or residential and provide for fines and punishment of violators;

(i)  To regulate and license escort bureaus, escorts, and escort bureau

runners to the extent permitted under article 11.8 of title 29;

(j)  To regulate and license secondhand dealers to the extent permitted under

article 13 of title 18, C.R.S.;

(k)  To regulate and license pawnbrokers as provided in section 29-11.9-102;


(k.5)  To require registration of persons who engage in door-to-door selling of

merchandise or goods and the delivery thereof within the county; except that nonprofit organizations which are exempt from the income tax imposed under article 22 of title 39, C.R.S., and schools shall not be subject to county requirements imposed under this paragraph (k.5);

(l) (I)  To adopt reasonable regulations for the operation of establishments

open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following:

(A)  Minimum age requirements for admittance to such establishments;


(B)  Limitations on the hours during which such establishments may be open

for business; and

(C)  Restrictions on the location of such establishments with regard to

schools, churches, and residential areas.

(II)  The board of county commissioners may enact ordinances which provide

that any establishment which engages in repeated or continuing violations of regulations adopted by the board shall constitute a public nuisance. The county attorney of such county, or the district attorney acting pursuant to section 16-13-302, C.R.S., may bring an action in the district court of such county for an injunction against the operation of such establishment in a manner which violates such regulations.

(III)  Nothing in the regulations adopted by the board of county

commissioners pursuant to this paragraph (l) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

(m) (I)  In addition to the authority given counties in article 12 of title 25,

C.R.S., to enact ordinances which regulate noise on public and private property except as provided in subparagraph (II) of this paragraph (m); prohibit the operation of any vehicle that is not equipped with a muffler in constant operation and is not properly maintained to prevent an increase in the noise emitted by the vehicle above the noise emitted when the muffler was originally installed; and prohibit the operation of any vehicle having a muffler that has been equipped or modified with a cutoff and bypass or any similar device or modification. For the purposes of this paragraph (m), vehicle shall have the same meaning as that set forth in section 42-1-102 (112), C.R.S.

(II)  Ordinances enacted to regulate noise on public and private property

pursuant to subsection (1)(m)(I) of this section do not apply to:

(A)  Property used for purposes which are exempt, pursuant to section 25-12-103, C.R.S., from noise abatement; and


(B)  Property used for: Manufacturing, industrial, or commercial business

purposes; and public utilities regulated pursuant to title 40.

(n)  To provide for and compel the removal of snow on sidewalks within the

county, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such snow and to assess the whole cost thereof, and other incidental costs in connection therewith, upon the property from which such snow has been removed;

(n.5) (I)  To ban open fires to a degree and in a manner that the board of

county commissioners deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence.

(II)  Subject to subparagraph (IV) of this paragraph (n.5), the board of county

commissioners in each county that has a substantial forested area shall, by January 1, 2012, develop an open burning permit system for the purpose of safely disposing of slash. In developing an open burning permit system, the board is encouraged to consult with the division of fire prevention and control, established in section 24-33.5-1201, C.R.S., and shall:

(A)  Collaborate with county and local jurisdictions such as the sheriff's office

and fire protection districts, identify the agencies responsible for burner education, permitting, and compliance, and consider developing an education plan to inform private property owners of the benefits, criteria, and required processes for slash pile burning;

(B)  Consider and be consistent with existing laws and processes that ban,

regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 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.R.S.;

(C)  Consider existing county ordinances;


(D)  Consider existing scientific and applied knowledge of safe burning

conditions, including consideration of, and the advisability of specifying permit limitations concerning, the number of slash piles that may be burned at one time per person who is monitoring the burn, the size of slash piles, temperature, humidity, snow cover, wind conditions, overhead and other types of electric utility facilities, including adequate distances from such facilities, fuel type and moisture content, slope, and setbacks from real estate improvements;

(E)  Exempt broadcast burns conducted within federal and state guidelines

that have a written prescribed fire plan and agricultural burns; and

(F)  Include mechanisms to notify individuals with respiratory conditions, if

requested by the individual, and contiguous landowners of the date, time, and location of slash pile burns.

(III)  Nothing in this paragraph (n.5) infringes upon or otherwise affects the

ability of agricultural producers to conduct burning on their property.

(IV)  A board of county commissioners that has an open burning permit

system on April 13, 2011, need not comply with the requirements of subparagraph (II) of this paragraph (n.5) until the board materially alters the system.

(V)  For purposes of this subsection (1)(n.5):


(A)  Competent evidence includes the use of the national fire danger rating

system, predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity, localized evidence of low fuel moisture content, and any other similar indices or information.

(B)  County that has a substantial forested area means a county that has at

least forty-four percent forest cover as determined by the state forester appointed pursuant to section 23-31-207, C.R.S.

(C)  Open burning means fire that a person starts and that is intentionally

used for forest management.

(D)  Slash means woody material less than six inches in diameter consisting

of limbs, branches, and stems that are free of dirt. Slash does not include tree stumps, roots, or any other material.

(n.7)  To prohibit or restrict the sale, use, and possession of fireworks,

including permissible fireworks, as defined in section 24-33.5-2001 (5) and (11), for a period no longer than one year within all or any part of the unincorporated areas of the county. Such an ordinance shall be in effect for the period between May 31 and July 5 of any year only if the county adopts a resolution specifying that the ordinance remains in effect for such period, which resolution includes an express finding of high fire danger, based on competent evidence, as defined in subsection (1)(n.5) of this section. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the county shall endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. Notwithstanding any other provision of this subsection (1)(n.7), the ordinance remains in effect and is fully enforceable until the restrictions have been rescinded.

(o)  In addition to the authority given counties under sections 30-10-513.5 and

30-15-401.5, to enact ordinances to restrain and punish any person who gives, makes, or causes to be given a false alarm of fire and to assess costs associated with such false alarms;

(o.5)  To provide by ordinance for the regulation and licensing of alarm

systems which transmit information to law enforcement or other public safety officials located within the county;

(p)  In addition to the authority given counties under article 7 of title 29,

C.R.S., and part 7 of article 20 of this title, to establish by ordinance and regulation the fees for certificates, permits, licenses, and passes for users in order to provide the funds for recreational facility development and to offset the costs of emergency search and rescue operations on public lands and the construction, operation, and maintenance of recreation paths on public property; except that areas, lakes, properties, and facilities under the control and management of the division of parks and wildlife shall be exempt from any such fees for certificates, permits, licenses, passes, or any other special charges;

(q)  To provide for and compel the removal of any building or structure,

except for a building or structure on affected land subject to the Colorado Mined Land Reclamation Act, as the term affected land is defined in section 34-32-103 (1.5), C.R.S., or on lands subject to the Colorado Surface Coal Mining Reclamation Act, pursuant to article 33 of title 34, C.R.S., the condition of which presents a substantial danger or hazard to public health, safety, or welfare, or any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including the removal performed by the county upon notice to and failure of the property owner to remove such building or structure, and to assess the whole cost of such removal, including incidental costs and a reasonable fee for inspection which fee shall not exceed five percent of the total amount due in connection therewith, upon the property from which such building or structure has been removed. Any assessment pursuant to this paragraph (q) shall be a lien against such property until paid. If such assessment is not paid within a reasonable time as specified by ordinance, it may be certified by the clerk and recorder to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected.

(r) (I)  To regulate distressed real property by requiring that such real

property be secured, maintained, and insured by the owner of such real property or, if applicable, by a holder of a lien that has taken possession of such real property pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to take possession of or to preserve the real property. The county may require that real property owners, a holder in possession pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to preserve or take possession of real property provide to the county planning and zoning department contact information for the person or entity responsible for the preservation of the real property.

(II)  For purposes of this paragraph (r), distressed real property means any

real property in foreclosure or any vacant or abandoned real property.

(s) (I)  To license and regulate an owner or owner's agent who rents or

advertises the owner's lodging unit for a short-term rental, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. As used in this subsection (1)(s)(I), owner's agent does not include a vacation rental service, except as set forth in subsection (1)(s)(IV) of this section.

(II)  The licensing or regulation under the authority conferred in subsection

(1)(s)(I) of this section does not affect whether a lodging unit is a residential improvement, as defined in section 39-1-102 (14.3).

(III)  To regulate a vacation rental service; except that this authority is limited

to:

(A)  Requiring a vacation rental service that displays a short-term rental

listing for a lodging unit located in the county to require the lodging unit owner or owner's agent to include a local short-term rental license or permit number, if applicable, in any listing for the short-term rental on the vacation rental service's website or other digital platform; and

(B)  Requiring a vacation rental service to remove a listing for a short-term

rental from the vacation rental service's website or other digital platform after notification by the county that the owner of the listed lodging unit has had the owner's local short-term rental license or permit suspended or revoked or has been issued a notice of violation or similar legal process for not possessing a valid local short-term rental license or permit or that the county has a prohibition on short-term rentals that applies to the lodging unit. The notification must identify the listing's uniform resource locator (URL) or other specified digital location to be removed and state the reason for the removal. The vacation rental service shall remove the listing from the website or other digital platform within seven days of receiving the notification from the county.

(IV)  If a vacation rental service provides additional services for the owner

that are related to the owner's lodging unit but unrelated to providing a means of offering the lodging unit for short-term rentals through the person's website or other digital platform, then the board of county commissioners may license or regulate the vacation rental service as an owner's agent under subsection (1)(s)(I) of this section with respect to those additional services.

(V)  To facilitate a vacation rental service's ability to comply with an

ordinance adopted by a county under the authority conferred by subsection (1)(s)(III) of this section, a county, upon request of the owner of a hotel unit that is located in a building with one or more lodging units or a vacation rental service on which a hotel unit that is located in a building with one or more lodging units is listed, shall provide written verification that the hotel unit is exempt from the ordinance because it is not a lodging unit. Multiple hotel units may be included in one request. The written verification provided may include an exemption number or other type of identifier for the hotel unit and a single exemption number or other type of identifier may be used for multiple hotel units.

(s.5)  As used in subsection (1)(s) of this section, unless the context otherwise

requires:

(I)  Hotel unit means a portion of a structure that is:


(A)  Used by a business establishment to provide commercial lodging to the

general public for predominantly overnight or weekly stays;

(B)  Classified as a hotel or motel for purposes of property taxation;


(C)  Not a unit, as defined in section 38-33.3-103 (30), in a condominium; and


(D)  Zoned or otherwise permitted by the local jurisdiction for the use

specified in subsection (1)(s.5)(I)(A) of this section.

(II)  Lodging unit means any property or portion of a property that is

available for lodging; except that the term excludes a hotel unit.

(III)  Short-term rental means the rental of a lodging unit for less than thirty

days.

(IV)  Vacation rental service means a person that operates a website or any

other digital platform that provides a means through which an owner or owner's agent may offer a lodging unit, or portion thereof, for short-term rentals, and from which the person financially benefits;

(t)  To require registration of businesses in the unincorporated portions of the

county; except that such power does not include the power to license, collect a fee, or collect fines for such registrations. The county shall only publish registration information in a manner such that the business type is aggregated and does not allow for segregation of individuals or business who supplied the information.

(1.5)  In addition to any other powers, the board of county commissioners has

the power to adopt a resolution or an ordinance to:

(a)  Regulate the possession or sale of cigarettes, tobacco products, or

nicotine products, as defined by section 18-13-121 (5), to a minor consistent with section 18-13-121 (3);

(b)  Limit smoking, as defined in section 25-14-203 (16), in any manner that is

no less restrictive than the limitations set forth in the Colorado Clean Indoor Air Act, part 2 of article 14 of title 25; and

(c)  License or otherwise regulate the sale of cigarettes, tobacco products, or

nicotine products.

(1.7)  In addition to any other powers, a board of county commissioners may

charge a fee for a local license and adopt resolutions or ordinances to establish requirements on businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp products, as defined in section 25-5-427 (2)(d). A county shall not impose additional food production regulations on hemp processors or hemp products if the regulations conflict with state law.

(2) (a) (I)  Except as provided in subparagraph (II) of this paragraph (a), the

ordinances described in subsection (1) of this section shall apply throughout the unincorporated area of the county including public and state lands and to any incorporated town or city that elects by ordinance or resolution to have the provisions thereof apply.

(II)  The board of county commissioners may designate, by resolution, areas in

the unincorporated territory of the county exclusively within which an ordinance adopted pursuant to this section shall apply. The board shall set forth a rational basis for the designation and hold a public hearing prior to making the designation at which any interested person shall have an opportunity to be heard.

(b)  Any regulation imposed prior to January 1, 1980, by resolution adopted

under any provision of law may, upon suitable accommodation to the pertinent ordinance adoption procedure set forth in this part 4, be reimposed by ordinance. In such cases the resolution shall continue in force and effect until the ordinance which replaces it becomes effective.

(c)  Nothing in this part 4 shall be construed to affect any proceeding arising

under or pursuant to the provisions of law in effect immediately prior to January 1, 1980.

(3)  Paragraph (a) of subsection (1) of this section shall not apply to the

transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado state patrol pursuant to section 42-20-104 (1), C.R.S.

(4)  Paragraph (a) of subsection (1) of this section shall not apply to the

transporting of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in subparagraph (II) of paragraph (a) of subsection (1). Such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.

(5)  Any provision of paragraph (a) of subsection (1) of this section to the

contrary notwithstanding, the governing body of a city and county shall not be precluded from adopting ordinances, regulations, codes, or standards or granting permits issued pursuant to home rule authority; except that such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.

(6)  If the board of county commissioners or the governing body of any other

local governmental entity is providing waste services, including the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials, within the limits of any county or other local subdivision on or after April 19, 1994, any private person seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. If a private person or persons are providing waste services within the limits of any county or other local subdivision on or after April 19, 1994, any board of county commissioners or the governing body of any other local governmental entity seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. The public notice shall be given in a local newspaper of general circulation in the area served by the waste service provider. The requirements of this subsection (6) shall not apply to any municipality or city and county subject to subsection (7.5) of this section.

(7) (a)  Notwithstanding any other provision of law, nothing in this section

shall prohibit the providing of waste services by a private person, if that person is in compliance with applicable rules and regulations, within the limits of any municipality, city and county, or special district operating pursuant to article 1 of title 32, if those services also are provided by a governmental body within the limits of that governmental unit. The governmental body may not compel industrial or commercial establishments or multifamily residences of eight or more units to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.

(b)  Subject to the limitation set forth in subsection (6) of this section and

notwithstanding paragraph (a) of this subsection (7) and subsection (7.5) of this section or any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person within the limits of any county or other local subdivision if that person is in compliance with applicable rules and regulations. If services also are provided by a governmental body within the limits of the county or other local subdivision, the governmental body shall not compel any resident, including, but not limited to, an owner or tenant of industrial or commercial establishments or multifamily residences, to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.

(7.5) (a)  Any requirement that municipal residents use or pay user charges

for residential waste services pursuant to paragraph (a) of subsection (7) of this section may be affected by utilization of the initiative and referendum power reserved to the municipal electors in section 1 (9) of article V of the Colorado constitution.

(b)  The governing body of any municipality or city and county that chooses,

after April 19, 1994, to require use of or to commence the imposition of a fee for residential waste services pursuant to paragraph (a) of subsection (7) of this section in all or any portion of the jurisdiction, including any portion of the jurisdiction annexed after April 19, 1994, may do so subject to the following requirements:

(I)  The governing body shall provide written notice to any private person who

lawfully provides waste services within the jurisdiction and shall give a six-month public notice in a newspaper of general circulation within the jurisdiction prior to requiring the use or initial imposition of the fee. The notice shall include:

(A)  The date upon which, and the area within the jurisdiction where, requiring

use of or billing for residential waste services will commence; and

(B)  An explanation of the option to request an opportunity to submit a

proposal to provide residential waste services to that area.

(II)  Any person may, within thirty days following publication or receipt of the

notice, request in writing the opportunity to submit a proposal to provide residential waste services within the portion of the jurisdiction where required use of those services or imposition of the fee will commence. A request for an opportunity to submit a proposal shall suspend required use of the services or imposition of the residential waste services fee until a request for proposal process, as set forth in paragraph (c) of this subsection (7.5), is completed. Any person who has requested in writing an opportunity to submit a proposal to provide residential waste services pursuant to this subparagraph (II) is eligible to participate in the proposal process. If no written request is received within the time permitted, the governing body may proceed to require use of or impose a fee for residential waste services without conducting a request for proposal process as set forth in paragraph (c) of this subsection (7.5).

(III)  Any municipality or city and county that complies with paragraph (c) of

this subsection (7.5) shall not be subject to the provisions of section 31-12-119, C.R.S.

(IV)  The requirements set forth in this subsection (7.5) shall not apply to any

municipality or city and county that is legally requiring use of or imposing a fee for residential waste services within its jurisdiction pursuant to paragraph (a) of subsection (7) of this section on April 19, 1994, and, having complied with the notice requirements of subsection (6) of this section applicable at the time of the initiation of such residential waste services, chooses to extend the requirement for use of or imposition of the fee for residential waste services to areas within the jurisdiction that have not been annexed after April 19, 1994.

(c)  The governing body shall conduct any request for a proposal process

required pursuant to this subsection (7.5) as follows:

(I)  The governing body shall mail a request for proposals to all private

persons who are eligible to submit a proposal. The request for proposals shall include a description of the portion of the jurisdiction to which residential waste services will be provided and shall request a proposed price of providing those services.

(II)  When the jurisdiction issuing the request for proposals chooses to submit

a proposal, a certification of an independent auditor stating that the public entity's proposed price is not based on subsidization from entity revenue streams or operations unrelated to the provision of waste services shall be appended to the proposal.

(III)  Following review of all proposals properly submitted, the governing body

shall award a contract for the provision of residential waste services based upon the criteria set forth in the request for proposals.

(d)  As used in this subsection (7.5), residential waste services means the

collection and transportation of ashes, trash, waste, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight or more units.

(7.7) (a)  If the governing body of a jurisdiction selects a proposal submitted

by the jurisdiction, any private person who submitted a proposal may request a review of the selection as provided in this subsection (7.7). A request for review shall be submitted to the governing body in writing within ten days following selection of the jurisdiction's proposal. The filing of a request shall suspend the award until the completion of the review provided in this subsection (7.7).

(b) (I)  Upon receipt of a request, the governing body, or its designee, shall

promptly select a reviewing auditor to conduct the review. The reviewing auditor shall commence and complete its review as expeditiously as practicable.

(II)  As a part of that review, the reviewing auditor shall afford the person who

submitted the request for review the opportunity to present the reviewing auditor his or her views with respect to the governing body's determination, subject to any reasonable procedures, guidelines, and limitations as the reviewing auditor may prescribe, including but not limited to requiring that those views be expressed in writing and submitted by a specific date and time. No person shall be permitted to alter any previously submitted proposal in any respect.

(III)  The reviewing auditor shall review each of the proposals submitted, but

the review shall be limited to determining:

(A)  Whether the selection of the jurisdiction's proposal was made in a

manner contrary to the procedure set forth in subsection (7.5) of this section or in the request for proposals;

(B)  Whether the selection of the jurisdiction's proposal was clearly

erroneous in light of the criteria set forth in the request for proposals; and

(C)  Whether the certification of an independent auditor provided pursuant to

subparagraph (II) of paragraph (c) of subsection (7.5) of this section is materially inaccurate.

(IV)  Should the reviewing auditor find that the governing body's selection of

a proposal was improper, the determination of the governing body shall be void, and the governing body shall reconsider as expeditiously as is practicable all proposals timely submitted and determine which proposals it will accept, giving due regard to the determination of the reviewing auditor. No person shall be entitled to alter any previously submitted proposal in any respect. If the reviewing auditor finds that the governing body's selection of a proposal was proper, the selection shall be valid and conclusive and shall not be subject to further challenge or review.

(V)  The reviewing auditor's fee for performing a review pursuant to this

subsection (7.7) shall be paid by the private person requesting the review; except that, if the governing body's selection of a proposal is found to be improper by the reviewing auditor, the municipality or city and county shall pay the fee.

(c)  As used in this subsection (7.7), a reviewing auditor shall be a qualified,

licensed, independent public accountant or public accounting firm selected by the governing body and shall certify to the governing body in writing that it is not being retained currently, has not been retained within the previous five years, and currently has no basis for believing it will be retained in the future by the governing body, any persons who have submitted proposals, or, to the accountant's or firm's knowledge after due inquiry, any of the governing body's or person's affiliates, partners, or relatives for the performance of accounting or other services.

(8)  No ordinance, resolution, rule, regulation, service, function, or exercise of

an authorized power pursuant to this section or section 30-11-101 (1)(f) or (1)(g) or 30-11-107 (1)(u), (1)(w), (1)(y), (1)(z), or (1)(bb) or 25-1-508 (5)(g) or (5)(j), C.R.S., shall apply within the corporate limits of any incorporated municipality, nor to any municipal service, function, facility, or property whether owned by or leased to the incorporated municipality, outside the municipal boundaries, unless the municipality consents. If the municipality consents that any ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall apply within the municipality or to municipal services, functions, facilities, or property outside the municipal boundaries, such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall be uniform within the municipality and the applicable unincorporated areas of the county, unless the county and the municipality agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(9) (a)  No ordinance, resolution, rule, regulation, service, function, or exercise

of an authorized power pursuant to this section shall apply within the jurisdictional boundaries of any special district enumerated in this subsection (9), nor to any special district service, function, facility, or property whether owned by or leased to the special district outside the special district boundaries if such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power would duplicate or interfere with any service or facility authorized and provided by such special district or contravene any power authorized and exercised by such special district, unless the county is specifically empowered by law to exercise authority with respect thereto, or the county and the special district agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(b)  For purposes of this subsection (9), special district means any special

district established pursuant to article 1 of title 32, C.R.S., the three lakes water and sanitation district established pursuant to article 10 of title 32, C.R.S., the urban drainage and flood control district established pursuant to article 11 of title 32, C.R.S., any metropolitan sewage disposal district established pursuant to part 4 of article 4 of title 32, C.R.S., any drainage district established pursuant to article 20 of title 37, C.R.S., the Cherry Creek basin water quality authority established pursuant to article 8.5 of title 25, C.R.S., any regional service authority established pursuant to article 7 of title 32, C.R.S., and the regional transportation

C.R.S. § 31-15-605

31-15-605. Single exit in multifamily residential structure - report - definition - repeal. (1) Subject to the conditions set forth in subsections (2), (3), and (5) of this section and notwithstanding any other provision of law, on or before December 1, 2027, the governing body of a subject jurisdiction shall adopt a building code, or amend the subject jurisdiction's existing building code, to allow a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as that building:

(a)  Is constructed of materials that satisfy international building code type I,

type II, or type IV construction standards;

(b)  Is protected throughout, including at each landing of the exit stairway,

with an automatic sprinkler system that is designed and installed in accordance with the international building code;

(c)  Has no more than twenty feet of travel to the exit stairway from the exit

or entry door of any dwelling unit;

(d)  Has no more than one hundred twenty-five feet of travel to the exit

stairway from any point in a dwelling unit;

(e)  Except as provided in subsection (1)(f) of this section, does not have a

floor with a square footage greater than four thousand feet and has an exit stairway that is at least forty-eight inches wide;

(f)  Does not have a floor with a square footage greater than six thousand

feet and has an exit stairway whose width is equal to or greater than a number of inches that is in the same ratio to forty-eight as the square footage of the floor is to four thousand but that is less than fifty-four inches;

(g)  Has no more than four dwelling units per story;


(h)  Only has openings to the exit stairway enclosure that allow exit access

from normally occupied spaces, exit access from the exit stairway enclosure to another protected exit component, and access to the exterior from the exit stairway enclosure;

(i)  Is fully protected throughout all common areas with smoke detection in

accordance with the National Fire Protection Association's standard 72, known as the National Fire Alarm and Signaling Code, and the international fire code;

(j)  Does not have electrical receptacles in an exit stairway enclosure;


(k)  Does not have publicly accessible electrical receptacles in corridors

between dwelling units and the exit stairway;

(l)  Has, in accordance with the international building code, an emergency

escape and rescue opening on every floor;

(m)  Has an exit stairway that is constructed in accordance with the

international building code;

(n)  Has a fire-resistant box that contains keys to access the building and the

dwelling units in the building, is accessible to relevant firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;

(o)  Has an exit stairway that is protected with two-hour fire-rated stair

construction regardless of construction type;

(p)  Has an exit stairway that is wide enough to allow simultaneous ingress

and egress;

(q)  Has passive and active fire protection features in occupiable spaces

throughout the building, including individual dwelling units, that are periodically inspected and maintained by a third party approved by the subject jurisdiction;

(r)  Has corridors that all have a minimum of one hour of fire resistance, in

accordance with the international building code;

(s)  Has elevator and exit stairway enclosures that all have smoke control

systems, in accordance with the international fire code;

(t)  Has elevators that are all within two-hour shaft enclosures, in accordance

with the international building code;

(u)  Does not allow storage, including the storage of deliveries, trash, and

recycling, within the space between dwelling unit doors and the exit stairway; and

(v)  Does not have more than one story below grade plane.


(2)  To satisfy the requirements of subsection (1) of this section, the

governing board of a subject jurisdiction may incorporate by reference, or adapt and adopt into the subject jurisdiction's building code, language from a portion of an existing building code of any other American jurisdiction that allows a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as the incorporated, adapted, or adopted language would satisfy the requirements of this section.

(3)  A subject jurisdiction shall coordinate with the applicable fire protection

district, fire department, or fire authority to ensure, in accordance with standards established in the international building code and international fire code, that, for a building that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Aerial apparatus of the applicable fire protection district, fire

department, or fire authority can reach the highest point of the building;

(b)  The site design allows for direct vertical access to the roofline and all

upper floors from at least one of the required aerial access sides using an aerial apparatus deployed from ground level; and

(c)  The site design provides unobstructed aerial apparatus access

deployment or positioning.

(4)  In addition to the requirements described in subsection (1) of this section,

if a building has been constructed with a single exit, the building's landlord, manager, or owner shall conduct inspections of the building's dwelling units, in addition to third-party inspections, and permission for the inspections shall be included in the lease agreements for each dwelling unit.

(5)  If a fire protection district or fire department does not serve an entire

subject jurisdiction, the governing board of that subject jurisdiction may satisfy the requirements of subsection (1) of this section by adopting or amending the subject jurisdiction's existing building code insofar as it applies only to the portion of the subject jurisdiction that is served by a single fire protection district or fire department.

(6)  The adoption of a building code, or the amendment of a subject

jurisdiction's existing building code, by the governing body of a subject jurisdiction to comply with subsection (1) of this section, is not adopting or enforcing a building code for purposes of determining whether a governing body of a municipality is required to adopt and enforce an energy code pursuant to section 31-15-602.

(7)  A subject jurisdiction shall include the local International Association of

Fire Fighter's affiliate, if one exists, within the subject jurisdiction's jurisdiction and the Colorado Professional Fire Fighters Association on the list of persons to provide notice of meetings pursuant to section 24-6-402 (7) with respect to the discussion of adopting or amending a building code pursuant to subsection (1) of this section.

(8)  Nothing in this section requires the governing body of a subject

jurisdiction to amend a subject jurisdiction's zoning code with respect to multifamily residential housing.

(9)  Nothing in this section prevents a subject jurisdiction, fire protection

district, fire department, or fire authority from applying and enforcing a locally adopted life safety code. A locally adopted life safety code may include, but is not limited to, standards governing emergency vehicle site access, fire hydrant spacing, and landscape clearance.

(10)  A subject jurisdiction shall ensure that a building that serves no more

than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Retains its legal occupancy status, even if a future building code adopted

by the subject jurisdiction would disallow the construction of that building; and

(b)  If that building is damaged or destroyed, the subject jurisdiction shall

allow the building to be rebuilt according to the same standards that were in place when the subject jurisdiction issued the original construction permit for the building; except that:

(I)  The building shall satisfy standards established by the federal Americans

with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.;

(II)  Any alteration to the building that constitutes a substantial improvement

under the national flood insurance program established in 42 U.S.C. sec. 4001 et seq., shall comply with current requirements of the national flood insurance program;

(III)  Any structural modifications to the building must comply with structural

design load and safety requirements in the applicable building code; and

(IV)  The reconstruction of the building must comply with state or local

building codes that enhance health, safety, welfare, or energy efficiency.

(11) (a)  On or before December 1, 2028, and each December 1 thereafter, a

subject jurisdiction shall report to the state demography office in the department of local affairs, in a form and manner determined by the state demography office, concerning the previous twelve months:

(I)  The number of permits that the subject jurisdiction issued for the

construction of buildings with a single exit that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section; and

(II)  For each building that the subject jurisdiction issued a permit as

described in subsection (10)(a)(I) of this section:

(A)  The number of dwelling units in the building;


(B)  The number of stories that the building has;


(C)  The gross building area; and


(D)  The total number of emergency incidents, including fire and medical

calls, that occurred, as reported by the relevant emergency dispatch center.

(b) (I)  Prior to January 2032, the department of local affairs shall consult with

the Colorado Professional Fire Fighters Association concerning the implementation of this section.

(II)  In January 2032, the department of local affairs shall include, as part of

its presentation during its SMART Act hearing required by section 2-7-203, information concerning the implementation of this section.

(12)  Nothing in this section prevents a governing body of a subject

jurisdiction from allowing any type of building with group r-2 occupancy to be served by a single exit in accordance with an edition of the international building code published by the International Code Council on or after January 1, 2027.

(13)  Nothing in this section prevents the governing body of a subject

jurisdiction from applying sections of the international building code, the international fire code, referenced standards, and other ordinances or laws not specifically referenced in this section to a building served by single exit.

(14)  As used in this section, unless the context otherwise requires:


(a)  Dwelling unit means a single unit providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(b)  Group r-2 occupancy means a residential occupancy containing

sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.

(c)  International building code means the most current edition of the

international building code published by the International Code Council.

(d)  International fire code means the most current edition of the

international fire code published by the International Code Council.

(e)  Subject jurisdiction means a municipality:


(I)  With a population of one hundred thousand or greater; and


(II)  That is served by a fire protection district, fire department, or fire

authority that has been accredited by the Commission on Fire Accreditation International, even if the fire protection district, fire department, or fire authority later loses that accreditation, and that meets the aerial apparatus requirements for the fire protection district's, fire department's, or fire authority's Insurance Services Office public protection classification rating.

(f)  Two-hour fire-rated stair construction means continuous wall, floor, or

roof assemblies enclosing a stairway that are designed to restrict the spread of fire, excessive heat, or hot gases, such that the construction continues to perform its structural function for at least two hours as determined by test procedures set forth in American Society for Testing and Materials standard E-119, Underwriters Laboratories standard 263, or other methods approved by the relevant subject jurisdiction.

(15)  This section is repealed, effective July 1, 2037.


Source: L. 2025: Entire section added, (HB 25-1273), ch. 188, p. 831, � 2,

effective May 13.

Cross references: For the legislative declaration in HB 25-1273, see section 1

of chapter 188, Session Laws of Colorado 2025.

PART 7

PUBLIC PROPERTY AND IMPROVEMENTS

C.R.S. § 32-1-1002

32-1-1002. Fire protection districts - additional powers and duties - definitions - vegetative fuel removal - rules. (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:

(a)  To acquire, dispose of, or encumber fire stations, fire protection and fire

fighting equipment, and any interest therein, including leases and easements;

(b)  To have and exercise the power of eminent domain and dominant eminent

domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district;

(c)  To undertake and to operate as a part of the duties of the fire protection

district an ambulance service, an emergency medical service, a rescue unit, and a diving and grappling service;

(d)  To adopt and enforce fire codes, as the board deems necessary, but no

such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the fire protection district's boundaries; except that nothing in this subsection (1)(d) shall be construed to affect any fire codes existing on June 30, 1981, that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(d.5) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(d.5) must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(d.5), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(d.5) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(d.5). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(d.5) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(d.5). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(d.5) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(d.5):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, a fire protection district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the fire protection district.

(e)  In addition to all other fees and charges allowed by this article 1, to fix

and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:

(I)  For ambulance or emergency medical services and extrication, rescue, or

safety services provided in furtherance of ambulance or emergency medical services. Extrication, rescue, or safety services includes but is not limited to any:

(A)  Services provided prior to the arrival of an ambulance;


(B)  Rescue or extrication of trapped or injured parties at the scene of a motor

vehicle accident; and

(C)  Lane safety or blocking provided by district equipment.


(II)  For requested or mandated inspections if a fire code is in existence on

June 30, 1981, as specified in paragraph (d) of this subsection (1) or has been adopted thereafter pursuant to said paragraph (d);

(III)  For requested inspections if a fire code has been adopted by the board of

the fire protection district, whether or not the code has been adopted by a municipality or county pursuant to paragraph (d) of this subsection (1);

(f)  In areas of the special district where the county or municipality has

rejected the adoption of a fire code submitted by the fire protection district, to compel the owners of premises, whenever necessary for the protection of public safety, to install fire escapes, fire installations, fireproofing, automatic or other fire alarm apparatus, fire extinguishing equipment, and other safety devices. This paragraph (f) shall not apply when a valid ordinance providing for fire safety standards, pursuant to section 30-15-401.5, C.R.S., is in effect.

(g)  To create and maintain a paid firefighters' pension fund, under the

provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.;

(h)  To establish, in its discretion, a system of civil service in the fire

protection district to cover its paid employees who are directly employed by the fire protection district as full-time paid firefighters in accordance with the provisions of subsection (2) of this section;

(i) (I)  A fire protection district may establish, in its discretion, a program to

require the removal of vegetative fuel from privately owned real property within the boundaries of the district, and a fire protection district that establishes a program shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A fire protection district shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(II)  A fire protection district that establishes a program pursuant to section

(1)(i)(I) of this section may assess a fine against an owner or occupier of privately owned real property containing vegetative fuel only in accordance with this subsection (1)(i)(II). An incident covers all vegetative fuel on a property. For each incident of vegetative fuel on a property, a fire protection district must provide to an owner and occupier of the privately owned real property written notice of the requirement to remove vegetative fuel from a property and the amount of a potential fine, and information on possible funding or grant programs to assist owners or occupiers about effective vegetative fuel mitigation, including the Colorado wildfire resilient homes grant, the forest restoration and wildfire risk mitigation grant program, or any other local or state program about effective vegetative fuel mitigation. At least fourteen days after providing a first notice, if the vegetative fuel has not been removed, a district may provide a second written notice to the owner and occupier containing the same information. At least fourteen days after providing a second notice, if the vegetative fuel has not been removed, a district may assess a fine against the owner or occupier by providing written notice of the fine to the owner and occupier by certified mail. The amount of a fine must be approximately equal to the cost of removal of the vegetative fuel on the property and must not exceed two hundred dollars per property per incident. An owner or occupier is not subject to more than one fine for the same incident. The sum of all fines assessed against a single property must not exceed one thousand two hundred dollars. A fine is waived if the owner or occupier removes or causes the removal of the vegetative fuel within fourteen days of receiving notice of an assessment of a fine. A fire protection district may not access any privately owned real property pursuant to this subsection (1)(i)(II) without the written permission of the owner or occupier of the property. An owner or occupier is not liable to a fire protection district for damages to fire protection district personnel or equipment occurring on the privately owned real property while fire protection district personnel or equipment are present on the property to carry out the purposes of this section. A fire protection district may not use a drone to discover vegetative fuel on a property or to administer or enforce this subsection (1)(i).

(III)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section must use the money collected from a fine assessed pursuant to this section only to remove vegetative fuel on private real property within the district's jurisdiction. A fire protection district must prioritize use of the money to assist a low-income owner or occupier, a senior owner or occupier, or an owner or occupier with a disability to remove vegetative fuel from the owner or occupier's property.

(IV)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall establish a process for a person that owns or occupies property that is subject to a fine imposed by the fire protection district pursuant to subsection (1)(i)(II) of this section to file an objection to the fine with the district's board. A district's board may waive the fine in all or in part, in its discretion, if it determines that:

(A)  The fine was not assessed in compliance with subsection (1)(i)(II) of this

section;

(B)  The owner or occupier filing an objection is financially unable to pay all or

a portion of the fine;

(C)  An owner or occupier against which a fine was assessed has removed or

caused the removal of the vegetative fuel after the assessment of the fine; or

(D)  A waiver is appropriate under the circumstances.


(V)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section may cause a delinquent charge made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by title 31.

(VI)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall adopt rules and policies after a public hearing, public notice, and the allowance of public comment to implement this subsection (1)(i) and shall post the adopted rules and policies on the district's website, on social media operated by the district, and in a local newspaper of general circulation. A program established pursuant to subsection (1)(i)(I) of this section may only be effective thirty days or more after posting of the adopted rules and policies on the district's website. As part of the adopted rules and policies, a fire protection district shall designate an individual to oversee and manage the program.

(VII)  A fire protection district may waive a fine for delays due to weather or

upon a petition for a time extension from an owner or occupier if an owner or occupier has undertaken good faith efforts to remove the vegetative fuel, at the discretion of the fire protection district. Good faith efforts include documentation from an arborist or licensed professional landscape architect that states when the arborist or licensed professional landscape architect will be able to mitigate the vegetative fuel on a property and the cost of the mitigation. A fire protection district shall grant a time extension to mitigate or pay a fine assessed against the owner or occupier of the property for:

(A)  No longer than three months if the cost to mitigate exceeds one

thousand dollars and is less than two thousand five hundred dollars;

(B)  No longer than six months if the cost to mitigate equals or exceeds two

thousand five hundred dollars and is less than five thousand dollars;

(C)  No longer than nine months if the cost to mitigate equals or exceeds five

thousand dollars and is less than ten thousand dollars; or

(D)  No longer than one year if the cost to mitigate equals or exceeds ten

thousand dollars.

(2) (a)  A fire protection district's civil service system shall not cover

employees of a fire department that renders fire protection service to the fire protection district under contract. The question of establishing a system of civil service shall be submitted at any regular special district election or special election of the fire protection district and shall not become effective unless approved as required for authorization of indebtedness. In establishing a system of civil service, the board may provide for the exclusion of supervisory and administrative personnel from the system. The board shall appropriate such funds as are necessary for the regular special district election or special election from the general funds of the fire protection district, and the election shall be held and conducted as provided in articles 1 to 13.5 of title 1, C.R.S.

(b) (I) (A)  Except as provided in sub-subparagraph (B) of this subparagraph

(I), the board of any fire protection district establishing a system of civil service for its paid employees may appoint three electors residing in the district to serve as a civil service committee, referred to in this subsection (2) as the committee. Of those initially appointed, one member of the committee shall be appointed for a term of two years, one for four years, and one for six years; thereafter, each member shall be appointed for a term of six years.

(B)  When two or more fire protection districts having established civil service

systems consolidate into a single consolidated district pursuant to section 32-1-602, the civil service committee of each of the consolidating districts shall dissolve, and the board of directors of the consolidated district shall appoint at least three but no more than nine members to serve on the civil service committee of the consolidated district. Of those initially appointed, three of the members of the civil service committee of the consolidated district shall serve staggered terms pursuant to sub-subparagraph (A) of this subparagraph (I), and the board shall appoint any other member for a term of six years. Thereafter, each member shall be appointed for a term of six years.

(C)  Any member may be appointed to succeed himself or herself. No paid

firefighter employed by the fire protection district may be a member of the committee. The members of the committee shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the discharge of their duties.

(D)  The board of directors of any fire protection district consolidated prior to

July 1, 1996, may expand, by appointment, the membership of its established civil service committee to no more than nine members pursuant to sub-subparagraph (B) of this subparagraph (I). The board shall appoint such members for a term of six years.

(II)  The committee shall elect from among its members a president. The

secretary of the board shall serve as the secretary of the committee but shall have no vote on the committee. The secretary shall keep a record of the minutes of all proceedings of the committee in a bound book separate and apart from the records of the board. The secretary is the only member of the board who may be a member of the committee.

(III)  Any member of the committee may be discharged by the board for

cause, but only after affording the member the right to a public hearing at which the member may be represented by counsel. Vacancies in office on the committee shall be filled according to the provisions of section 1-12-207, C.R.S.

(IV)  The attorney for the board shall act as legal advisor to the committee,

but at all hearings before the committee involving a firefighter, such firefighter may be represented by counsel.

(c)  The committee shall:


(I)  Establish standards for employment and termination of employment,

including minimum conditions of employment for applicants for appointment and promotion, which shall assure that such applicants shall be of good moral character and physically, mentally, and emotionally capable of performing arduous duties, eighteen years of age or older, graduates of a high school or the equivalent thereof, citizens of the United States, and residents of the state of Colorado. In establishing standards concerning a person's character, the committee shall be governed by the provisions of section 24-5-101, C.R.S.

(II)  Recruit applicants for employment; formulate and hold competitive

examinations, or cause the same to be done, in order to determine the relative qualifications of persons seeking employment in any class or position as a firefighter; and formulate and hold promotional examinations for firefighters within the fire department of the fire protection district, or cause the same to be done;

(III)  Certify to the board, as a result of such examinations, lists of qualified

applicants for the various classes of positions who successfully completed such examinations;

(IV)  Determine that any examination held pursuant to subparagraph (II) or (III)

of this paragraph (c) is practical and consists only of subjects which will fairly determine the capacity of persons examined to perform duties of the position sought, including, but not limited to, tests of physical fitness and manual skill;

(V)  When a vacant position is to be filled, certify to the board, upon written

request of the board, the names of the three persons highest on the eligible list for that position or the applicable classification; but if less than three persons are on such list, then all the names shall be certified to the board. If there are no such lists, the committee shall authorize provisional or temporary appointment lists for such position or applicable classification.

(d)  The committee, from time to time, may make, amend, and repeal bylaws

and rules and regulations necessary to administer the provisions of this subsection (2).

(e)  Disciplinary action against any firefighter may be instituted by the chief

of the fire protection district, and a hearing thereon, after reasonable notice, shall be afforded to the firefighter concerned, at which hearing the firefighter may be represented by counsel of his or her choice at his or her expense. Such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. Any firefighter aggrieved by the decision of the board may obtain review thereof by appeal to the committee, and on such review the firefighter may be represented by counsel of his or her choice at his or her expense.

(f)  The committee shall hear all complaints involving alleged injustice,

wrongful discharge, and other violations of the rules and regulations of the committee and shall hear all appeals from decisions of the board on disciplinary actions pursuant to paragraph (e) of this subsection (2). All such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. The decision of the committee shall be final and shall not be set aside except by the committee or by a court of competent jurisdiction. Judicial review of any decision of the committee may be had in the same manner as prescribed in section 24-4-106, C.R.S.

(g)  The board, if requested by the committee, may contract with any

municipal or state agency for the purpose of conducting examinations for original appointment or for promotion, or for any other purpose in connection with the selection or administration of personnel.

(h)  The firefighters of any fire protection district in good standing at the time

of the establishment of said civil service system shall continue in their employment and rank, shall be automatically included in the civil service system, and shall be promoted or discharged in accordance with the provisions of the civil service rules and regulations; except that the office of fire chief shall be excluded from such civil service system. The board shall make provision for tenure of the fire chief, and the committee shall implement the same by appropriate rules and regulations.

(i)  Any fire protection district which has established a system of civil service

for its paid employees pursuant to this section shall not terminate the system unless the question of termination is submitted at an election. The election shall be conducted pursuant to articles 1 to 13.5 of title 1, C.R.S.

(j)  The board shall appropriate annually, by resolution, to the committee

sufficient funds to administer the provisions of this subsection (2).

(k)  If any county assumes countywide responsibility for fire protection or any

board of county commissioners becomes the board of a fire protection district and adopts a countywide merit, civil service, or career service system, any civil service system established under the provision of this subsection (2) shall be dissolved and merged with such countywide system, including all employees' benefits, rights, liabilities, and duties accrued or incurred under this subsection (2), and the same shall be continued following such merger.

(3) (a)  The chief of the fire department in each fire protection district in the

state of Colorado, by virtue of the office held by the chief, shall have authority over the supervision of all fires within the district; except that responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire that exceeds the capabilities of the district to control or extinguish shall be transferred to the county sheriff in accordance with section 30-10-513, subject to the duties and obligations imposed by this subsection (3) and subject to the provisions of any relevant plans or agreements. The chief is vested with the other express authority contained in this subsection (3), including commanding the fire department of such district.

(b)  The chief of the fire department in each fire protection district shall:


(I)  Enforce all laws of this state and ordinances and resolutions of the

appropriate political subdivisions relating to the prevention of fires and the suppression of arson;

(II) (A)  Inspect, or cause to be inspected by members or officers of his

department, as often as he shall deem necessary, all buildings, premises, and public places, except the interior of any private dwelling, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or for the purpose of obtaining information relative to the violation of the various provisions of this subsection (3). Any individual conducting such inspection shall carry on his person properly authorized fire department identification which shall be shown, on request, to the owner, lessee, agent, or occupant of any structure prior to the inspection of the same.

(B)  The chief of any such fire department or fire department members

designated by the chief have the authority to enter into all structures and upon all premises within their respective jurisdictions at reasonable times during business hours or such times as such structures or premises are open for the purpose of examination in conformity with the duties imposed by this subsection (3), and it is unlawful for any person to interfere with the chief of any such fire department, or any member of such fire department designated by the chief to conduct an inspection, in the discharge of his duties or to hinder or prevent him from entering into or upon or from inspecting any buildings, establishments, enclosures, or premises in the discharge of his duties.

(III)  Include, as part of the inspections required by subparagraph (II) of this

paragraph (b), all of the following:

(A)  An inspection of all buildings and enclosures to see that proper

receptacles for ashes are provided, to cause all rubbish or other inflammable material to be properly removed or disposed of, and to make such suggestions and issue such orders to the owners or occupants of buildings as, in the opinion of such inspecting officer, will render the same safe from fire;

(B)  An inspection of the surroundings of boilers and other heating apparatus

in any building to ascertain whether all woodwork is properly protected and that no rubbish or combustible material is allowed to accumulate;

(C)  An inspection of fire escapes and stairways to cause the removal of all

obstructions therefrom and of all places where explosives or inflammable compounds are sold or stored;

(D)  An inspection of the construction, placing, repair, and control of all fire

escapes, standpipes, pressure tanks, fire doors, fire shutters, fire lines, fire hose, sprinkling systems, exit lights, and exit signs and a review of the installation and testing of fire equipment in all buildings and places requiring such equipment and of the provisions for means of escape or protection against loss of life and property from fire in such buildings and places;

(IV)  Enforce, within his respective jurisdiction, all laws of this state and

ordinances and resolutions of any appropriate political subdivision pertaining to the keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosive or inflammable liquids or compounds, tablets, torpedoes, or any explosives of a like nature, or any other explosive, including fireworks and firecrackers, and such chief may prescribe the materials and construction of receptacles to be used for the storage of any of said items; but authorization for enforcement of the provisions of this subsection (3) does not extend to the production, transportation, or storage of inflammable liquids as regulated by articles 20 and 20.5 of title 8 and title 34, C.R.S.;

(V)  Investigate or cause to be investigated the cause, origin, and

circumstance of every fire occurring within his jurisdiction by which property is destroyed or damaged and, so far as is possible, determine whether the fire was the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of the fire, and if, after such investigation, the chief is of the opinion that the facts in relation to such fire indicate that a crime has been committed, he shall present the facts of such investigation and the testimony taken from any person involved, together with any other data in his possession, to the district attorney of the proper county, with his request that the district attorney institute such criminal proceedings as the investigation, testimony, or data may warrant. It is the duty of the district attorney upon such request to assist in such further investigation as may be required.

(c)  Whenever any chief, or any designated member of a fire department,

finds, through inspection procedures as outlined in subparagraph (II) or (III) of paragraph (b) of this subsection (3), any building or other structure which, for want of repair of or lack of or insufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment as may be required by law or for reasons of age, dilapidated condition, or any other cause, is especially liable to fire or is hazardous to the safety of the occupants thereof and which is so situated as to endanger other property, and whenever such officer finds in any building combustible or explosive matter or inflammable conditions, dangerous to the safety of such building or its occupants, the chief shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner, lessee, agent, or occupant of such premises or buildings. Any such owner, lessee, agent, or occupant who feels himself aggrieved by any such order may file, within five days after the making of any such order, a petition with the district court of the county in which such premises or building is located, requesting a review of such order, and it is the duty of such court to hear the same at the first convenient day and to make such order in the premises as justice may require, and such decision shall be final.

(d)  Any owner, lessee, agent, or occupant of any building or premises

maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this subsection (3) shall be deemed to be maintaining a fire hazard. Any person who violates any provision of this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars. Each day in which such a violation occurs shall constitute a separate violation of this subsection (3).

(4) (a)  Within any fire protection district organized under the provisions of

this article, it is unlawful for any person:

(I)  To willfully or maliciously give, make, or cause to be given or made a false

alarm of fire, whether by the use of a fire alarm box, telephone call, or otherwise;

(II)  To willfully or maliciously disconnect, cut, or sever any wire of the fire

alarm telegraph or in any manner tamper with any part of such communication apparatus;

(III)  To aid, abet, knowingly permit, or participate in the commission of any

act prohibited by this paragraph (a).

(b)  Any person who violates any provision of this subsection (4) commits a

class 2 misdemeanor.

(c)  The provisions of paragraphs (a) and (b) of this subsection (4) shall not

limit the power of municipalities to enact ordinances covering the same or similar subject matter, but no person acquitted of, convicted of, or pleading guilty to a violation of a municipal ordinance shall be charged or tried in a state court for the same or a similar offense, and no person acquitted of, convicted of, or pleading guilty to a violation of paragraph (a) of this subsection (4) in a state court shall be charged or tried in a municipal court for the same or a similar offense.

(5)  The district attorney in the judicial district in which the special district

was organized shall prosecute any violation under subsection (3) or (4) of this section.

Source: L. 81: Entire article R&RE, p. 1591, � 1, effective July 1. L. 85: (1)(d) and

(1)(f) amended, p. 1062, � 2, effective July 1. L. 92: (2)(a), (2)(b)(III), and (2)(i) amended, p. 887, � 126, effective January 1, 1993. L. 95: (1)(g) amended, p. 1386, � 19, effective June 5; (3)(b)(IV) amended, p. 420, � 10, effective July 1. L. 96: (2)(b)(I) amended, p. 247, � 1, effective April 8; (1)(d) amended, p. 283, � 3, effective April 11; (1)(g) amended, p. 943, � 9, effective May 23. L. 97: (1)(h), (2)(b)(IV), (2)(c)(II), (2)(e), and (2)(h) amended, p. 1027, � 59, effective August 6. L. 2009: (3)(a) amended, (SB 09-020), ch. 189, p. 830, � 6, effective April 30; (1)(e)(I) amended, (HB 09-1041), ch. 415, p. 2291, � 1, effective August 5; (3)(a) amended, (SB 09-001), ch. 30, p. 128, � 6, effective August 5. L. 2010: (1)(e)(I)(B) amended, (HB 10-1095), ch. 23, p. 96, � 1, effective August 11. L. 2016: (1)(d.5) added, (HB 16-1088), ch. 259, p. 1061, � 4, effective June 8; (2)(a) and (2)(i) amended, (SB 16-189), ch. 210, p. 788, � 93, effective June 6. L. 2017: IP(1) and (1)(d) amended, (SB 17-222), ch. 245, p. 1028, � 7, effective August 9. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3257, � 545, effective March 1, 2022. L. 2024: (1)(d.5) and IP(1)(e) amended, (SB 24-194), ch. 230, p. 1413, � 3, effective August 7; (3)(a) amended, (HB 24-1155), ch. 48, p. 172, � 8, effective August 7. L. 2025: (1)(i) added, (HB 25-1009), ch. 42, p. 196, � 3, effective August 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (3)(a) by Senate Bill 09-001 and Senate Bill

09-020 were harmonized.

Cross references: (1)  For provisions in title 34 concerning storage of

flammable liquids as referred to in subsection (3)(b)(IV), see article 64 of title 34 concerning underground storage of natural gas.

(2)  For the legislative declaration contained in the 1995 act amending

subsection (1)(g), see section 1 of chapter 254, Session Laws of Colorado 1995. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

(3)  For the short title (Public Safety Fairness Act) in HB 16-1088, see

section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 33-6-115.5

33-6-115.5. Hunting, trapping, and fishing - intentional interference with lawful activities. (1) No person shall willfully prevent or interfere with the lawful participation of any individual in the activity of hunting, trapping, or fishing in accordance with this article.

(2)  A person commits intentional interference with lawful hunting, trapping,

and fishing activities if he:

(a)  Acts with intent to alarm, distract, or frighten prey and causes prey to

flee by:

(I)  Use of any natural or artificial source of noise or light;


(II)  Giving chase to prey on foot or by use of any vehicle;


(III)  Throwing objects or making movements;


(b)  Intentionally harasses any person lawfully participating in the activity of

hunting, trapping, and fishing by use of threats or actions;

(c)  Erects barriers with the intent to deny ingress to lawfully designated

hunting, trapping, and fishing areas;

(d)  Intentionally interjects himself into the line of fire;


(e)  Engages in any other conduct with the intent to disrupt or prevent lawful

hunting, trapping, and fishing activities.

(3)  Any person who violates this section commits a class 2 misdemeanor and

is assessed twenty license suspension points.

(4)  Any person convicted of a violation of this section shall be liable for all

damages incurred by the individual whose lawful activity was obstructed and for all court costs of prosecution.

(5)  Nothing in this section shall limit the actions of law enforcement officers

and personnel of the division of parks and wildlife in the performance of their official duties nor apply to landowners, tenants, or leaseholders exercising their legal rights to the enjoyment of land, including, but not limited to, farming, ranching, and restricting trespass, nor will anything in this section be construed to prohibit any incidental interference arising from the lawful use of land or water.

Source: L. 88: Entire section added, p. 1161, � 1, effective July 1. L. 95: (3)

amended, p. 1107, � 50, effective May 31. L. 2003: (3) amended, p. 1943, � 8, effective May 22. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3260, � 556, effective March 1, 2022.

C.R.S. § 35-57-120

35-57-120. Payment of board money to authorized agent - deposits and withdrawals. Any person authorized by the board to receive or disburse funds as provided in this article shall post with the board surety bond in an amount the board determines sufficient, the cost or premium to be paid by the board.

Source: L. 93: Entire article amended with relocations, p. 1855, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57-118 as it existed prior

to 1993.

ARTICLE 57.5

Colorado Sheep and Wool Authority

Editor's note: This article was added in 1975. This article was amended with

relocations in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 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. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.

35-57.5-101.  Short title. This article shall be known and may be cited as the

Colorado Sheep and Wool Authority Act.

Source: L. 93: Entire article amended with relocations, p. 1838, � 1, effective

July 1.

Editor's note: The former � 35-57.5-101 was relocated to � 35-57.5-102 in

1993.

35-57.5-102.  Legislative declaration. (1)  It is hereby declared to be in the

interest of the public welfare that owners of sheep be authorized and encouraged to act jointly and in cooperation in promoting and stimulating, by research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of sheep and sheep products. It is the intent and purpose of this article to authorize and provide a method and procedure for effectively correlating and encouraging the advancement of the sheep industry and the financing thereof pursuant to the powers of the general assembly as authorized by law. It is further declared that the sheep industry of this state is affected with a public interest in that the stabilization, maintenance, and expansion of the sheep industry of Colorado and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet and an adequate supply of animal fiber; to protect, for the state and its political subdivisions, a necessary source of tax revenue; to provide and maintain an adequate standard of living for a great segment of the population of this state; to maintain proper wage scales for those engaged in the sheep industry; and to maintain existing employment.

(2)  The purpose of this article is to enable the sheep industry to effectively

correlate and encourage the advancement and improvement of its commodities.

Source: L. 93: Entire article amended with relocations, p. 1838, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-101 as it existed prior

to 1993, and the former � 35-57.5-102 was relocated to � 35-57.5-103.

35-57.5-103.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Authority means the Colorado sheep and wool authority created by

section 35-57.5-104 (1).

(1.5)  Board or sheep and wool board means the Colorado sheep and wool

board.

(2)  Commissioner means the commissioner of agriculture.


(3)  Feeder means a person who commercially feeds sheep that are

purchased from producers or fed for producers on a contract basis.

(4)  Handler means a person who buys, ships, commercially feeds,

processes, or distributes sheep that have been sold by or on behalf of a producer or that have been purchased or otherwise acquired from a producer. Handler includes a producer who buys, ships, commercially feeds, processes, or distributes such producer's own sheep.

(5)  Producer means a person who raises or breeds sheep or produces wool

from sheep.

Source: L. 93: Entire article amended with relocations, p. 1839, � 1, effective

July 1. L. 97: (3) to (5) added, p. 177, � 1, effective March 31.

Editor's note: This section is similar to former � 35-57.5-102 as it existed

prior to 1993, and the former � 35-57.5-103 was relocated to � 35-57.5-105.

35-57.5-104.  Colorado sheep and wool authority - creation. (1)  There is

hereby created the Colorado sheep and wool authority, which shall be a body corporate and a political subdivision of the state. The authority shall not be an agency of state government, nor shall it be subject to administrative direction by any state agency except:

(a)  As provided in this article;


(b)  For purposes of the Colorado Governmental Immunity Act, article 10 of

title 24, C.R.S.;

(c)  For purposes of inclusion in the risk management fund and the self-insured property fund and by the department of personnel pursuant to part 15 of

article 30 of title 24, C.R.S.

Source: L. 93: Entire article amended with relocations, p. 1839, � 1, effective

July 1. L. 96: (1)(c) amended, p. 1543, � 137, effective June 1.

Editor's note: The former � 35-57.5-104 was relocated to � 35-57.5-106 in

1993.

35-57.5-105.  Colorado sheep and wool board - creation. (1)  The powers of

the authority shall be vested in the Colorado sheep and wool board, which is hereby created, which shall be composed of twelve members and twelve alternates who raise, breed, grow, or feed sheep and wool or lambs for sheep production.

(2)  The board members and alternates shall be appointed as follows:


(a)  One member and an alternate from an area comprising the counties of

Eagle, Garfield, Grand, Jackson, Moffat, Pitkin, Rio Blanco, and Routt, which shall be known as district 1;

(b)  One member and an alternate from an area comprising the counties of

Delta, Gunnison, Mesa, Montrose, Ouray, and San Miguel, which shall be known as district 2;

(c)  One member and an alternate from an area comprising the counties of

Archuleta, Alamosa, Conejos, Costilla, Dolores, Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, and San Juan, which shall be known as district 3;

(d)  One member and an alternate from an area comprising those counties not

in districts 1 to 3, which shall be known as district 4;

(e)  Two members and their alternates, appointed from the state at large, who

are actively engaged in the commercial feeding of sheep;

(f)  Six members and their alternates who are actively engaged in sheep

production or commercial feeding will be appointed at large. All appointments from this group will be made so that the number of feeders and producers on the board reflects the percentage of fees paid by the feeders and the producers. The selection of at-large producer members shall also be a reflection of the proportion of fees paid by producers in each district within the state.

(3)  Each member and alternate of the board shall be appointed by the

commissioner from nominations received from producers or producers' organizations in the district in which the member or alternate resides or has a principal place of business.

(4)  (Deleted by amendment, L. 93, p. 1839, � 1, effective July 1, 1993.)


Source: L. 93: Entire article amended with relocations, p. 1839, � 1, effective

July 1. L. 97: (1) and (2) amended, p. 177, � 2, effective March 31. L. 98: IP(2) amended, p. 828, � 48, effective August 5.

Editor's note: This section is similar to former � 35-57.5-103 as it existed

prior to 1993, and the former � 35-57.5-105 was relocated to � 35-57.5-107.

Cross references: For additional duties of the board, see � 35-40-205.


35-57.5-106.  Board - qualifications of members and alternates. (1)  Each

member and alternate of the board must have the following qualifications, which qualifications must continue during the person's term of office:

(a)  The person shall be a citizen of the United States.


(b)  The person shall be a bona fide resident of the state of Colorado and

reside or maintain a principal place of business in the district from which the person is appointed.

(c)  The person shall have demonstrated, through membership in a sheep

producers' organization or an organization representing this type of production or business or through public or other service, an active interest in the development of the sheep industry of Colorado.

(d)  The person has been actively engaged in the raising, breeding, or growing

of sheep for a period of at least three years and derives a substantial proportion of the person's income from that type of production or business.

Source: L. 93: Entire article amended with relocations, p. 1840, � 1, effective

July 1. L. 2025: IP(1) and (1)(d) amended, (HB 25-1084), ch. 24, p. 140, � 160, effective August 6.

Editor's note: This section is similar to former � 35-57.5-104 as it existed

prior to 1993, and the former � 35-57.5-106 was relocated to � 35-57.5-108.

35-57.5-107.  Terms of members and alternates. (1)  The appointments of

members and alternates to the Colorado sheep and wool board shall be made on or before July 1, 1997. Four members shall be appointed for terms of one year, four members shall be appointed for terms of two years, and four members shall be appointed for terms of three years. Thereafter, all appointments shall be for three-year terms.

(2)  Upon the expiration of the term of a member and such member's

alternate as provided in subsection (1) of this section, their reappointment or successors shall be appointed by the commissioner for a term of three years; except that, in the case of a vacancy of a member, such member's appointed alternate shall serve the balance of the member's unexpired term, and, in the case of a vacancy of an alternate, the commissioner shall appoint a person as provided in section 35-57.5-105 (3) who shall serve for the unexpired term.

Source: L. 93: Entire article amended with relocations, p. 1840, � 1, effective

July 1. L. 97: (1) amended, p. 178, � 3, effective March 31.

Editor's note: This section is similar to former � 35-57.5-105 as it existed

prior to 1993, and the former � 35-57.5-107 was relocated to � 35-57.5-109.

35-57.5-108.  Declaring office of member or alternate vacant. The

commissioner shall immediately declare the office of any member or alternate of the board vacant whenever the commissioner finds that: The member or alternate no longer is actively engaged in the production of sheep; the member or alternate has become a resident of another state; or the member or alternate is unable to perform the duties of the office.

Source: L. 93: Entire article amended with relocations, p. 1841, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-106 as it existed

prior to 1993, and the former � 35-57.5-108 was relocated to � 35-57.5-110.

35-57.5-109.  Removal of member or alternate. (1)  The commissioner may

remove any member or alternate of the board for inefficiency, neglect of duty, or misconduct in office. Such member or alternate shall be entitled to a public hearing before the board with the commissioner presiding, after service upon the member or alternate ten days before the hearing of a copy of the charges against the member or alternate together with a notice of the time and place of the hearing. At the hearing, the member or alternate shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer the charges and explain the facts alleged.

(2)  In every case of removal, the commissioner shall file in the office of the

secretary of state a complete statement of all charges against the member or alternate and the commissioner's findings thereon, together with a record of the entire proceedings had in connection therewith.

Source: L. 93: Entire article amended with relocations, p. 1841, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-107 as it existed

prior to 1993, and the former � 35-57.5-109 was relocated to � 35-57.5-111.

35-57.5-110.  Expenses of members, alternates, and employees. Members,

alternates, officers, and employees of the board may receive compensation for actual and necessary travel and other actual expenses incurred in the performance of their official duties. The board shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.

Source: L. 93: Entire article amended with relocations, p. 1841, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-108 as it existed

prior to 1993, and the former � 35-57.5-110 was relocated to � 35-57.5-112.

35-57.5-111.  Meeting place. The board shall establish a meeting place

anywhere within this state, but the selection of the location shall be guided by consideration for the convenience of a majority of those most likely to have business with the board or to be affected by its acts.

Source: L. 93: Entire article amended with relocations, p. 1842, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-109 as it existed

prior to 1993, and the former � 35-57.5-111 was relocated to � 35-57.5-113.

35-57.5-112.  Meetings. The first board appointed shall meet as soon as

practicable for the purpose of organizing. It shall elect a chair from among its members and a secretary-treasurer who may or may not be from among its members. It shall adopt a general statement of policy for guidance and shall transact such other business as is necessary to start the work of the board. Thereafter, the board shall meet regularly once every three months or at such other times as called by the chair. The chair may call special meetings at any time and shall call a special meeting when requested by three or more members of the board.

Source: L. 93: Entire article amended with relocations, p. 1842, � 1, effective

July 1. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 140, � 161, effective August 6.

Editor's note: This section is similar to former � 35-57.5-110 as it existed prior

to 1993, and the former � 35-57.5-112 was relocated to � 35-57.5-114.

35-57.5-113.  Duties and powers of the board. (1)  The board may:


(a)  Conduct or contract for scientific research to discover and develop the

commercial value of sheep and sheep products;

(b)  Disseminate reliable information founded upon the research undertaken

under this article, showing the uses or probable uses of sheep and sheep products;

(c)  Study state and federal legislation with respect to tariffs, duties,

reciprocal trade agreements, import quotas, and other matters of trade concerning the sheep industry;

(d)  Sue and be sued as a board, without individual liability, for acts of the

board within the scope of the powers conferred upon it by this article;

(e)  Enter into contracts which it deems appropriate to the carrying out of the

purposes of the board as authorized by this article;

(f)  Make grants to research agencies for the financing of special or

emergency studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the board as authorized by this article;

(g)  Appoint subordinate officers and employees of the board and prescribe

their duties and fix their compensation;

(h)  Cooperate with and enter into contracts with any local, state, or

nationwide organization or agency engaged in work or activities similar to those of the board and enter into contracts with such organizations or agencies for carrying on joint programs;

(i)  Act jointly and in cooperation with the federal government or any agency

thereof in the administration of any program of the government or of a governmental agency deemed by the board to be beneficial to the sheep industry of this state and expend funds in connection therewith if such program is compatible with the powers conferred by this article;

(j)  Adopt, rescind, modify, or amend all proper regulations, orders, and

resolutions for the exercise of its powers and duties; and

(k)  Enter into contracts for the promotion of sheep and for the development

of new markets through such promotion.

(2)  The board shall establish a license fee for the purpose of funding the

services provided to the sheep industry by the board and for funding the activities of the board performed pursuant to the provisions of this article.

Source: L. 93: Entire article amended with relocations, p. 1842, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-111 as it existed prior

to 1993, and the former � 35-57.5-113 was relocated to � 35-57.5-116.

35-57.5-114.  Acceptance of grants and gifts. The board may accept grants,

donations, contributions, or gifts from any source for expenditures in connection with any purpose consistent with the powers conferred on the board.

Source: L. 93: Entire article amended with relocations, p. 1843, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-112 as it existed prior

to 1993, and the former � 35-57.5-114 was relocated to � 35-57.5-118.

35-57.5-115.  Rules and regulations. The board is authorized to promulgate

regulations necessary to carry out the intent and purposes of this article.

Source: L. 93: Entire article amended with relocations, p. 1843, � 1, effective

July 1.

Editor's note: The former � 35-57.5-115 was relocated to � 35-57.5-119.


35-57.5-116.  License fee - expenditure of money. (1)  The board shall

determine the amount of assessment per head of sheep upon which the annual license fee provided for in section 35-57.5-113 (2) shall be computed. The amount of such assessment shall not exceed fifty cents per head of sheep and shall be set by the board by November 1 of the year prior to the calendar year the license fee is to be charged. In any calendar year, the fee shall not increase by more than five cents over the amount assessed at the end of the immediately preceding calendar year.

(2)  All producers and commercial feeders of sheep in the state shall pay the

license fee for each sheep marketed; except that no fee shall be collected on any sheep fed in the state for a period of less than thirty days. The fee shall be collected from such producers and feeders by handlers, who shall remit the proceeds to the authority. The fee shall be payable upon each transfer of the sheep or of any right, title, or interest therein.

(2.5) (a)  The operators of feedlots, slaughterhouses, packing plants, and

livestock auction markets shall deduct from the proceeds of sale owed by them to the owners of sheep handled at such facilities, and shall promptly remit to the authority, the fees payable under this section. Each payment pursuant to this subsection (2.5) shall be accompanied by a list of the names and addresses of the sheep owners on whose behalf the payment is made and the number of sheep marketed by each such owner.

(b)  When the operator of a feedlot, slaughterhouse, packing plant, or

livestock auction market sends or gives any written statement to an owner of sheep or to such owner's agent relating to the proceeds owing to the owner, the operator shall include a statement of the amount deducted from such proceeds pursuant to paragraph (a) of this subsection (2.5).

(3)  A producer or feeder who, by virtue of the producer's or feeder's

activities or circumstances, becomes a handler as defined in section 35-57.5-103 (4) or who sells, ships, or otherwise disposes of sheep to a person not subject to this article 57.5 shall forthwith remit to the authority an amount equal to the amount of fees that would otherwise have been payable under subsection (2) of this section.

(4)  When collected, such license fees shall be paid to the authority and

administered by the board for the purposes set forth in this article.

(5)  The license fee to defray the costs of this program pursuant to the

provisions of this article shall remain in full force and effect from year to year without change unless there is filed with the board a petition signed by at least fifty-one percent of the growers of sheep in the state upon whom the most recent license fee was imposed requesting the repeal of said license fee in total discontinuance of the program or a petition requesting an increase or decrease of said license fee, in which latter case, the board shall fix a new assessment and provide for continuation of the program.

Source: L. 93: Entire article amended with relocations, p. 1843, � 1, effective

July 1. L. 97: (1), (2), and (3) amended and (2.5) added, p. 179, � 4, effective March 31. L. 2025: (3) amended, (HB 25-1084), ch. 24, p. 141, � 162, effective August 6.

Editor's note: This section is similar to former � 35-57.5-113 as it existed prior

to 1993.

35-57.5-117.  Acts constituting violation. It is a violation of this article for

any person to fail to pay or remit to the authority an assessment pursuant to section 35-57.5-116 or to knowingly falsify any document furnished in connection with such a payment or remission.

Source: L. 93: Entire article amended with relocations, p. 1844, � 1, effective

July 1. L. 97: Entire section amended, p. 180, � 5, effective March 31.

Editor's note: This section is similar to former � 35-57.5-113.5 as it existed

prior to 1993.

35-57.5-118.  Enforcement. (1)  The board shall be responsible for the

enforcement of this article.

(2)  Any assessment levied in such specified amount as may be determined

by the board pursuant to the provisions of section 35-57.5-116 shall constitute a personal debt of every person so assessed and shall be due and payable to the authority when payment is called for by the board.

(3)  Upon the failure of such person to pay any such assessment upon the

date determined by the board, the board may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(4)  Whenever it appears to the board, upon sufficient evidence satisfactory

to the board, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule or of any order promulgated under this article, the board may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the board shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the board to post a bond.

(5) (a)  Any person who violates any provision of this article or any regulation

made pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation.

(b)  No civil penalty may be imposed unless the person charged was given

notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(c)  If the board is unable to collect such civil penalty or if any person fails to

pay all or a set portion of the civil penalty as determined by the board, the board may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(d)  Whenever the board is found to have lacked substantial justification to

impose a civil penalty, the person charged may recover such person's costs and attorney fees from the authority.

(e)  Moneys collected from any civil penalties under the provisions of this

section shall be paid to the authority, who shall use such funds to defray the costs of the administration of this article.

(f)  Before imposing any civil penalty, the board may consider the effect of

such penalty on the ability of the person charged to stay in business.

(6)  (Deleted by amendment, L. 93, p. 1844, � 1, effective July 1, 1993.)


Source: L. 93: Entire article amended with relocations, p. 1844, � 1, effective

July 1.

Editor's note: This section is similar to former � 35-57.5-114 as it existed prior

to 1993.

35-57.5-119.  Refunds - fraudulent and false claims - penalty. (1)  Unless

otherwise specified in this article, there shall be no refunds of assessments.

(2)  Any sheep producer or lamb feeder who has paid an assessment as

required by section 35-57.5-116 shall be entitled to a prompt refund of seventy-five percent of such assessment from the board. Claim for refund shall be made to the board within thirty days after the date of payment of the assessment or thirty days after the due date of the assessment, whichever is later, on a form furnished by the board.

(3)  Notwithstanding any other laws to the contrary and to carry out the

intent of this section to ensure prompt refund, the board, except as provided by subsection (4) of this section, is authorized to expeditiously process claims for refund. The refund shall be based on the signed statement of the refund claim and any other information that is attached thereto unless other information or verification is required by subsection (4) of this section.

(4)  The board, before processing and making a refund, may require any

additional information or verification it deems necessary to determine the validity of the claim for refund. All persons who forward claims for refund shall keep pertinent records for a period of at least three years, which shall be available for audit by the board. The board may file an action to recover from any person a refund of assessment illegally obtained.

(5)  A claim for refund shall be signed by the person who paid the

assessment. A person who files a fraudulent or false claim for refund; or who, by any false pretenses, obtains or attempts to obtain a refund not legally due to the person; or who signs a refund claim in the name of and for another person commits theft, as defined in section 18-4-401, and shall be punished accordingly.

Source: L. 93: Entire article amended with relocations, p. 1845, � 1, effective

July 1. L. 97: (2) amended, p. 180, � 6, effective March 31. L. 2025: (5) amended, (HB 25-1084), ch. 24, p. 141, � 163, effective August 6.

Editor's note: This section is similar to former � 35-57.5-115 as it existed

prior to 1993.

ARTICLE 57.8

Colorado Horse Development Authority

35-57.8-101.  Short title. This article shall be known and may be cited as the

Colorado Horse Development Authority Act.

Source: L. 95: Entire article added, p. 998, � 1, effective July 1. L. 98: Entire

section amended, p. 1258, � 2, effective June 1.

35-57.8-102.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Authority means the Colorado horse development authority created by

section 35-57.8-103 (2).

(2)  Board means the board of directors of the Colorado horse development

authority created by section 35-57.8-104 (1).

(3)  Commissioner means the commissioner of agriculture.


Source: L. 95: Entire article added, p. 998, � 1, effective July 1. L. 98: Entire

section amended, p. 1258, � 3, effective June 1.

35-57.8-103.  Legislative declaration - Colorado horse development

authority - creation. (1) The general assembly hereby declares that it is in the public interest and welfare that owners of horses be authorized and encouraged to act jointly and in cooperation in stimulating, by research, education, advertising, and other methods, the promotion of the horse industry in the state. It is the intent and purpose of this article to authorize and provide a method and procedure for effectively correlating and encouraging the promotion of horses and the financing thereof pursuant to the powers of the general assembly as authorized by law. It is further declared that the horse has a long established relationship with the citizens of Colorado and therefore the state is affected with a public interest to ensure the continuation of a stable and expanding horse industry by establishing policies concerning horse promotion in this state and by educating the public concerning the health, care, and welfare of horses.

(2)  There is hereby created the Colorado horse development authority that is

a body corporate and a political subdivision of the state. The authority is not an agency of state government and is not subject to administrative direction by any state agency except:

(a)  As provided in this article;


(b)  For purposes of the Colorado Governmental Immunity Act, article 10 of

title 24, C.R.S.;

(c)  For purposes of inclusion in the risk management fund and the self-insured property fund and by the department of personnel pursuant to part 15 of

article 30 of title 24, C.R.S.

Source: L. 95: Entire article added, p. 998, � 1, effective July 1. L. 96: (1)(c)

amended, p. 1543, � 138, effective June 1. L. 98: Entire section amended, p. 1259, � 4, effective June 1.

35-57.8-104.  Colorado horse development authority - board of directors -

members - terms. (1) (a) The powers of the authority shall be vested in a board of directors, which shall be composed of:

(I)  Five representatives of five different horse organizations in this state;


(II)  One representative of a state horse show association;


(III)  One representative of a state veterinary association;


(IV)  One representative of a university equine extension service;


(V)  Two representatives of an organization that operates statewide to

promote and protect the interests of horses and that represents all types of horse uses and horse breeds;

(VI)  Four representatives of horse industry support services.


(b)  At least two representatives shall be from the western slope.


(2)  The commissioner shall appoint the board members to three-year terms.

The terms of no more than five members shall expire on the same year. Each member serves at the pleasure of the commissioner and shall continue in office until the member's successor is appointed and qualified. The members of the board who are in office on September 1, 1998, shall comprise the original board of directors of the authority, and their initial terms on the board shall end at the same time as the terms to which they were appointed on the Colorado horse development board prior to September 1, 1998.

(3)  On the expiration of the term of a member of the board, that member's

successor shall be appointed by the commissioner for a term of three years; except that, in the case of a vacancy, the commissioner shall appoint a person who shall serve for the unexpired term.

Source: L. 95: Entire article added, p. 999, � 1, effective July 1. L. 98: Entire

section amended, p. 1259, � 5, effective June 1.

35-57.8-105.  Qualifications of members. (1)  Each board member shall meet

the following qualifications at the time of appointment and throughout the member's term of office:

(a)  Citizenship of the United States;


(b)  Residency in this state;


(c)  Demonstration of an active interest in the development of the horse

industry in Colorado.

(2)  The commissioner shall immediately declare the office of any member of

the board vacant whenever the commissioner finds that the member is not qualified under this section or that the member is unable to perform the duties of the office.

Source: L. 95: Entire article added, p. 999, � 1, effective July 1.


35-57.8-106.  Expenses - rules. Members shall serve without compensation

except for their actual and necessary travel and other expenses incurred in the performance of their official duties. Employees of the board may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The board shall adopt reasonable rules governing the incurrence and payment of expenses.

Source: L. 95: Entire article added, p. 999, � 1, effective July 1.


35-57.8-107.  Duties and powers of the board. (1)  The board shall:


(a)  Adopt policies concerning horse promotion in this state;


(b)  Adopt an education program concerning the health, care, and welfare of

horses;

(c)  Develop, adopt, and implement a process to fund the activities and

responsibilities of the board.

(2)  The board may:


(a)  Sue and be sued as a board, without individual liability, for acts of the

board within the scope of the powers conferred on the board by this article;

(b)  Enter into contracts that it deems appropriate to carry out the purposes

of the board as authorized by this article;

(c)  Appoint an advisory committee to assist the board in developing and

promoting the horse industry by recommending programs, policies, and structures;

(d)  Appoint subordinate officers and employees of the board and prescribe

their duties and fix their compensation;

(e)  Cooperate with any local, state, or nationwide organization or agency

engaged in work or activities similar to that of the board and enter into contracts with the organizations or agencies for carrying out joint programs;

(f)  Provide for conducting and overseeing a horse survey on the economic

impact of the horse industry on this state;

(g)  Adopt rules as necessary to administer and carry out the intent and

purposes of this article.

(3)  The board shall contract for the implementation of horse education and

promotion programs with a horse industry organization that operates statewide to promote and protect the interests of the horse industry and that represents the interests of all types of horse uses and breeds. The board shall oversee the activities of the organization and the expenditure of moneys by the organization to implement the programs.

Source: L. 95: Entire article added, p. 1000, � 1, effective July 1.


35-57.8-108.  Acceptance of grants and gifts - horse development fund. (1)

The board may accept grants, donations, contributions, or gifts from any source for expenditures for any purpose consistent with the powers of the board.

(2)  The horse development fund is abolished, and any moneys in the fund as

of June 30, 1998, shall revert to the general fund.

Source: L. 95: Entire article added, p. 1001, � 1, effective July 1. L. 98: (2)

amended, p. 1260, � 6, effective June 1.

35-57.8-109.  Horse promotion authority assessment. (1) (a)  To carry out

the provisions and intent of this article, the state board of stock inspection commissioners, by and through the brand commissioner or a designated agent thereof, shall collect an assessment on horses for which a brand inspection fee is also collected as provided in section 35-41-104. The board of directors of the authority shall determine the assessment in an amount not to exceed three dollars per horse. No person shall be assessed more than a total of one hundred dollars in a calendar year.

(b)  Any person may purchase a Colorado horse development authority

assessment card for one hundred dollars from the authority to provide evidence to the state board of stock inspection commissioners, by and through the brand commissioner or a designated agent thereof, at the time a brand inspection fee is collected as provided in section 35-41-104, that the assessment due pursuant to paragraph (a) of subsection (1) of this section has been collected. Such Colorado horse development authority assessment card shall be valid for a period of one calendar year.

(2)  The assessment shall be directly deposited by the livestock inspectors

into an account specified by the Colorado horse development authority board. The state board of stock inspection commissioners is authorized to bill the Colorado horse development authority a fee collected pursuant to agreement between the state board of stock inspection commissioners and the Colorado horse development board. Such fee shall not exceed ten percent of the assessment determined by the board pursuant to this section.

Source: L. 98: Entire section added, p. 1260, � 7, effective June 1.


35-57.8-110.  Collection procedure. (1)  The operators of all stockyards and

livestock auction markets shall deduct the assessment from the proceeds of sale owed by them to the respective owners of horses as authorized by section 35-57.8-109.

(2)  When an operator sends or gives any written statement to an owner or

the owner's agent relating to the proceeds owing the owner, the operator shall include a statement of the amount deducted from the proceeds under section 35-57.8-109.

(3)  Operators shall promptly pay to the state board of stock inspection

commissioners all assessments collected by them pursuant to subsection (1) of this section.

Source: L. 98: Entire section added, p. 1260, � 7, effective June 1.


35-57.8-111.  Refunds. (1)  Any person who has paid an assessment at the

time of brand inspection as required by section 35-57.8-109 shall, upon request, be entitled to a refund of such assessment from the board within a reasonable time; except that a person who has purchased a Colorado horse development authority assessment card shall not be entitled to a refund pursuant to this section.

(2)  Notwithstanding any other laws to the contrary, and to carry out the

intent of this section to ensure a refund, the board, except as provided by subsection (3) of this section, is authorized to process claims for refund and may make such refunds without the necessity of verification of payment by the applicant. The refund shall be based only on the signed statement of the refund claim and other information as is contained thereon unless other information or verification is required by subsection (3) of this section.

(3)  The board, before processing and making a refund, may require any

additional information or verification it deems necessary to determine the validity of the claim for refund. The board may file an action to recover from any person a refund of assessments illegally obtained.

(4)  A claim for refund shall be signed by the person who paid the

contribution. Any person who files a fraudulent or false claim for refund, who, by any false pretenses, obtains or attempts to obtain a refund not legally due such person, or who signs a claim for refund in the name of and for another person commits theft, as defined in section 18-4-401, C.R.S., and shall be punished accordingly.

Source: L. 98: Entire section added, p. 1260, � 7, effective June 1.

ARTICLE 57.9

Confidentiality of Livestock Information

Cross references: For the legislative declaration contained in the 2008 act

enacting this article, see section 1 of chapter 192, Session Laws of Colorado 2008.

35-57.9-101.  Short title. This article shall be known and may be cited as the

Livestock Information Security Act.

Source: L. 2008: Entire article added, p. 678, � 2, effective August 5.


35-57.9-102.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  All-hazards security system means a comprehensive data management

system administered by the department in order to prevent, detect, respond to, mitigate, and manage the recovery of any livestock health and safety issues including, but not limited to, outbreaks of disease and injury sustained as a result of natural disasters. The system may compile and use data from sources including, but not limited to, the United States department of agriculture, geographic information systems and spatial modeling, the United States department of homeland security, the state board of stock inspection commissioners, the state veterinarian, the livestock industry, and laboratory tests performed by the department or external entities.

(2)  Commissioner means the commissioner of agriculture.


(3)  Department means the department of agriculture.


(4)  Livestock means cattle, sheep, goats, bison, swine, mules, poultry,

horses, donkeys, alternative livestock as defined in section 35-41.5-102, and all other bovine, camelid, caprine, equine, ovine, avian, and porcine animals raised or kept for profit.

(5)  Person in interest has the meaning set forth in section 24-72-202,

C.R.S.

Source: L. 2008: Entire article added, p. 678, � 2, effective August 5.


35-57.9-103.  Authority of commissioner to deny access to information -

redaction - exceptions. (1) The commissioner may deny access to personal information about persons involved with the livestock industry if the commissioner reasonably believes dissemination of such information will cause harm to such persons.

(2)  On the grounds that disclosure would be contrary to the public interest,

the commissioner may deny access to the following:

(a)  Specific operational details of livestock operations that constitute

confidential commercial data pursuant to section 24-72-204, C.R.S. Such operational details include ownership, numbers, locations, and movements of livestock; financial information; the purchase and sale of livestock; account numbers or unique identifiers issued by government or private entities; operational protocols; and participation in an all-hazards security system.

(b)  Information related to livestock disease or injury:


(I)  That would identify a person or location; or


(II)  That contains confidential data pursuant to the veterinary-patient-client

privilege described in section 24-72-204 (3)(a)(XIV), C.R.S.;

(c)  Records of ongoing investigations that pertain to livestock; however, such

records shall not be withheld if the investigation has concluded and the person being investigated is found by the commissioner to have violated any provision of this title that pertains to livestock.

(3)  If the commissioner denies access to information pursuant to paragraph

(a) or (b) of subsection (2) of this section, the commissioner shall redact the confidential information and make the remaining portions of such record available for disclosure. If the commissioner is unable to redact the record within the time limits established in section 24-72-203 (3), C.R.S., such time limits shall be waived and the commissioner shall redact the information and provide the redacted record as soon as is practicable.

(4)  Nothing in this article shall be construed to authorize the commissioner

to obtain information not otherwise permitted by law.

(5)  Nothing in this article 57.9 shall:


(a)  Preclude a person in interest from accessing the person's own

information;

(b)  Prevent the commissioner from releasing biological livestock samples to

authorized external entities for scientific testing, so long as the testing entity agrees to maintain the confidentiality of the information it receives;

(c)  Prevent the commissioner from disclosing information that is otherwise

permitted or required to be disclosed; or

(d)  Apply when the commissioner determines that disclosure of livestock

information is necessary to prevent or address an immediate threat to the health and safety of a person or animal.

(6)  When disclosing information pursuant to subsection (5) of this section,

the commissioner shall release only as much information as is necessary to address the situation.

Source: L. 2008: Entire article added, p. 678, � 2, effective August 5. L.

2025: IP(5) and (5)(a) amended, (HB 25-1084), ch. 24, p. 141, � 164, effective August 6.

35-57.9-104.  Restrictions on information in databases - definition. (1)  A

database created by the department that contains specific operational details that constitute confidential commercial data pursuant to section 24-72-204 shall not be merged or shared with any state, federal, or foreign government, industry partner, or other database that would modify the provisions with respect to how specific operational details that constitute confidential commercial data may be disseminated pursuant to section 35-57.9-103. Such data includes ownership, numbers, locations, and movements of livestock; financial information; the purchase and sale of livestock; account numbers or unique identifiers issued by government or private entities; operational protocols; and participation in an all-hazards security system; except that data within any all-hazards security system may be shared for response to or participation in any all-hazards event limited to the scope of each individual all-hazards event and to the scope of only those agencies directly involved in the all-hazards event.

(2)  As used in this section, all-hazards event means the occurrence of a

catastrophic event or incident that is either natural, such as a blizzard, fire, flood, tornado, earthquake, or disease outbreak, or human-made and that could be of biological, chemical, radiological, nuclear, or explosive origin.

Source: L. 2011: Entire section added, (HB 11-1111), ch. 88, p. 252, � 1, effective

August 10. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 141, � 165, effective August 6.

MEAT PROCESSING

ARTICLE 58

Meat and Slaughter Plants

35-58-101 to 35-58-110. (Repealed)


Source: L. 89: Entire article repealed, p. 1395, � 5, effective April 12.


Editor's note: This article was numbered as article 16 of chapter 8, C.R.S.

1. For amendments to this article prior to its repeal in 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.

ARTICLE 59

Inedible Meat Rendering and Processing Act

35-59-101 to 35-59-113. (Repealed)


Source: L. 2012: Entire article repealed, (HB 12-1158), ch. 13, p. 33, � 1,

effective July 1.

Editor's note: This article was numbered as article 21 of chapter 8, C.R.S.

1. For amendments to this article 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.

AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS

• Continued

ARTICLE 60

Commercial Feeding Stuffs

Editor's note: This article was numbered as article 14 of chapter 8, C.R.S.

1. This article was repealed and reenacted in 1979 and was subsequently repealed and reenacted in 1999, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 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. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

C.R.S. § 38-44-113

38-44-113. Establishment of boundary corner. The establishment of a boundary corner through acquiescence confirmed by a court of competent jurisdiction, or by written agreement pursuant to section 38-44-112, shall not alter the location or validity of any existing or properly restored public land survey monument in the vicinity. Such existing or properly restored public land survey monument may be used to control future land surveys in the region when such surveys are not related to the boundary corner established by acquiescence or agreement.

Source: L. 97: Entire section added, p. 1629, � 5, effective July 1.

Safety of Real Property

ARTICLE 45

Carbon Monoxide Alarms

Cross references: In 2009, this article was added by the Lofgren and

Johnson Families Carbon Monoxide Safety Act. For the short title, see section 1 of chapter 51, Session Laws of Colorado 2009.

C.R.S. § 38-45-101

38-45-101. Definitions. As used in this article, unless the context otherwise requires:

(1)  Carbon monoxide alarm means a device that detects carbon monoxide

and that:

(a)  Produces a distinct, audible alarm;


(b)  Is listed by a nationally recognized, independent product-safety testing

and certification laboratory to conform to the standards for carbon monoxide alarms issued by such laboratory or any successor standards;

(c)  Is battery powered, plugs into a dwelling's electrical outlet and has a

battery backup, is wired into a dwelling's electrical system and has a battery backup, or is connected to an electrical system via an electrical panel; and

(d)  May be combined with a smoke detecting device if the combined device

complies with applicable law regarding both smoke detecting devices and carbon monoxide alarms and that the combined unit produces an alarm, or an alarm and voice signal, in a manner that clearly differentiates between the two hazards.

(2)  Dwelling unit means a single unit providing complete independent living

facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(3)  Fuel means coal, kerosene, oil, fuel gases, or other petroleum products

or hydrocarbon products such as wood that emit carbon monoxide as a by-product of combustion.

(4)  Installed means that a carbon monoxide alarm is installed in a dwelling

unit in one of the following ways:

(a)  Wired directly into the dwelling's electrical system;


(b)  Directly plugged into an electrical outlet without a switch other than a

circuit breaker; or

(c)  If the alarm is battery-powered, attached to the wall or ceiling of the

dwelling unit in accordance with the national fire protection association's standard 720, or any successor standard, for the operation and installation of carbon monoxide detection and warning equipment in dwelling units.

(5)  Multi-family dwelling means any improved real property used or

intended to be used as a residence and that contains more than one dwelling unit. Multi-family dwelling includes a condominium or cooperative.

(6)  Operational means working and in service in accordance with

manufacturer instructions.

(7)  Single-family dwelling means any improved real property used or

intended to be used as a residence and that contains one dwelling unit.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 180, � 2,

effective March 24.

C.R.S. § 38-45-102

38-45-102. Carbon monoxide alarms in single-family dwellings - rules. (1) (a) Notwithstanding any other provision of law, the seller of each existing single-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.

(b)  By July 1, 2009, the real estate commission created in section 12-10-206

shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.

(2)  Notwithstanding any other provision of law, every single-family dwelling

that includes either fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.

(3)  No person shall remove batteries from, or in any way render inoperable, a

carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 181, � 2,

effective March 24. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1726, � 242, effective October 1.

C.R.S. § 38-45-103

38-45-103. Carbon monoxide alarms in multi-family dwellings - rules. (1) (a) Notwithstanding any other provision of law, the seller of every dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.

(b)  By July 1, 2009, the real estate commission created in section 12-10-206

shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.

(2)  Notwithstanding any other provision of law, every dwelling unit of a multi-family dwelling that includes fuel-fired appliances or an attached garage where, on

or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.

(3)  No person shall remove batteries from, or in any way render inoperable, a

carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 182, � 2,

effective March 24. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1726, � 243, effective October 1.

C.R.S. § 38-45-104

38-45-104. Carbon monoxide alarms in rental properties. (1) Except as provided in subsection (5) of this section, any single-family dwelling or dwelling unit in a multi-family dwelling used for rental purposes and that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which requires a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall be subject to the requirements specified in sections 38-45-102 and 38-45-103.

(2)  Except as provided in subsection (5) of this section, each existing single-family dwelling or existing dwelling unit in a multi-family dwelling that is used for

rental purposes that has a change in tenant occupancy on or after July 1, 2009, shall be subject to the requirements specified in sections 38-45-102 and 38-45-103.

(3) (a)  Notwithstanding any other provision of law, the owner of any rental

property specified in subsections (1) and (2) of this section shall:

(I)  Prior to the commencement of a new tenant occupancy, replace any

carbon monoxide alarm that was stolen, removed, found missing, or found not operational after the previous occupancy;

(II)  Ensure that any batteries necessary to make the carbon monoxide alarm

operational are provided to the tenant at the time the tenant takes residence in the dwelling unit;

(III)  Replace any carbon monoxide alarm if notified by a tenant as specified in

paragraph (c) of subsection (4) of this section that any carbon monoxide alarm was stolen, removed, found missing, or found not operational during the tenant's occupancy; and

(IV)  Fix any deficiency in a carbon monoxide alarm if notified by a tenant as

specified in paragraph (d) of subsection (4) of this section.

(b)  Except as provided in paragraph (a) of this subsection (3), the owner of a

single-family dwelling or dwelling unit in a multi-family dwelling that is used for rental purposes is not responsible for the maintenance, repair, or replacement of a carbon monoxide alarm or the care and replacement of batteries for such an alarm.

(4)  Notwithstanding any other provision of law, the tenant of any rental

property specified in subsections (1) and (2) of this section shall:

(a)  Keep, test, and maintain all carbon monoxide alarms in good repair;


(b)  Notify, in writing, the owner of the single-family dwelling or dwelling unit

of a multi-family dwelling, or the owner's authorized agent, if the batteries of any carbon monoxide alarm need to be replaced;

(c)  Notify, in writing, the owner of the single-family dwelling or dwelling unit

of a multi-family dwelling, or the owner's authorized agent, if any carbon monoxide alarm is stolen, removed, found missing, or found not operational during the tenant's occupancy of the single-family dwelling or dwelling unit in the multi-family dwelling; and

(d)  Notify, in writing, the owner of the single-family dwelling or dwelling unit

of a multi-family dwelling, or the owner's authorized agent, of any deficiency in any carbon monoxide alarm that the tenant cannot correct.

(5)  Notwithstanding the requirements of section 38-45-103 (1) and (2), so

long as there is a centralized alarm system or other mechanism for a responsible person to hear the alarm at all times in a multi-family dwelling used for rental purposes, such multi-family dwelling may have an operational carbon monoxide alarm installed within twenty-five feet of any fuel-fired heater or appliance, fireplace, or garage or in a location as specified in any building code adopted by the state or any local government entity.

(6)  No person shall remove batteries from, or in any way render inoperable, a

carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 183, � 2,

effective March 24.

C.R.S. § 38-45-105

38-45-105. Municipal or county ordinances regarding carbon monoxide alarms. Nothing in this article shall be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in this article.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 184, � 2,

effective March 24.

C.R.S. § 38-45-106

38-45-106. Limitation of liability. (1) No person shall have a claim for relief against a property owner, an authorized agent of a property owner, a person in possession of real property, or an installer for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if the property owner, authorized agent, person in possession of real property, or installer installs a carbon monoxide alarm in accordance with the manufacturer's published instructions and the provisions of this article.

(2)  A purchaser shall have no claim for relief against any person licensed

pursuant to article 10 of title 12 for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if such licensed person complies with rules promulgated pursuant to sections 38-45-102 (1)(b) and 38-45-103 (1)(b). Nothing in this subsection (2) shall affect any remedy that a purchaser may otherwise have against a seller.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 184, � 2,

effective March 24. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1726, � 244, effective October 1.

ARTICLE 46

Payment of Construction Contracts in Real Property

C.R.S. § 39-1-102

39-1-102. Definitions. As used in articles 1 to 13 of this title 39, unless the context otherwise requires:

(1)  Administrator means the property tax administrator.


(1.1) (a)  Agricultural and livestock products means plant or animal products

in a raw or unprocessed state that are derived from the science and art of agriculture, regardless of the use of the product after its sale and regardless of the entity that purchases the product. Agriculture, for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.

(b)  On and after January 1, 2023, for the purposes of this subsection (1.1),

agricultural and livestock products includes crops grown within a controlled environment agricultural facility in a raw or unprocessed state for human or livestock consumption. For the purposes of this subsection (1.1)(b), agricultural and livestock products does not include marijuana, as defined in section 18-18-102 (18)(a), or any other nonfood crop agricultural products.

(1.3)  Agricultural equipment that is used on the farm or ranch or in a CEA

facility in the production of agricultural products:

(a)  Means any personal property used on a farm or ranch, as defined in

subsections (3.5) and (13.5) of this section, for planting, growing, and harvesting agricultural products or for raising or breeding livestock for the primary purpose of obtaining a monetary profit; and

(b)  Includes:


(I)  Any mechanical system used on the farm or ranch for the conveyance and

storage of animal products in a raw or unprocessed state, regardless of whether or not such mechanical system is affixed to real property;

(II)  Silviculture personal property that is designed, adapted, and used for the

planting, growing, maintenance, or harvesting of trees in a raw or unprocessed state;

(III)  Any personal property within a facility, whether attached to a building or

not, that is capable of being removed from the facility, and is used in direct connection with the operation of a controlled environment agricultural facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and

(IV)  Any personal property within a greenhouse, whether attached to the

greenhouse or not, that is capable of being removed from the greenhouse and is used in direct connection with the operation of a greenhouse, which greenhouse is used solely for planting or growing crops in a raw or unprocessed state, and the sole purpose of growing crops in the greenhouse is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(1.6) (a)  Agricultural land, whether used by the owner of the land or a

lessee, means one of the following:

(I) (A)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that was used the previous two years and presently is used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, or that is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as agricultural land, consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. Agricultural land under this subparagraph (I) shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. Agricultural land also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land. For purposes of this subparagraph (I), a parcel of land shall be in the process of being restored through conservation practices if: The land has been placed in a conservation reserve program established by the natural resources conservation service pursuant to 7 U.S.C. secs. 1 to 5506; or a conservation plan approved by the appropriate conservation district has been implemented for the land for up to a period of ten crop years as if the land has been placed in such a conservation reserve program.

(B)  A residential improvement shall be deemed to be integral to an

agricultural operation for purposes of sub-subparagraph (A) of this subparagraph (I) if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.

(II)  A parcel of land that consists of at least forty acres, that is forest land,

that is used to produce tangible wood products that originate from the productivity of such land for the primary purpose of obtaining a monetary profit, that is subject to a forest management plan, and that is not a farm or ranch, as defined in subsections (3.5) and (13.5) of this section. Agricultural land under this subparagraph (II) includes land underlying any residential improvement located on such agricultural land.

(III)  A parcel of land that consists of at least eighty acres, or of less than

eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. Agricultural land under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.

(IV)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, if the owner of the land has a decreed right to appropriated water granted in accordance with article 92 of title 37, C.R.S., or a final permit to appropriated groundwater granted in accordance with article 90 of title 37, C.R.S., for purposes other than residential purposes, and water appropriated under such right or permit shall be and is used for the production of agricultural or livestock products on such land;

(V)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that has been reclassified from agricultural land to a classification other than agricultural land and that met the definition of agricultural land as set forth in subparagraphs (I) to (IV) of this paragraph (a) during the three years before the year of assessment. For purposes of this subparagraph (V), the parcel of land need not have been classified or eligible for classification as agricultural land during the ten years preceding the year of assessment as required by subparagraph (I) of this paragraph (a).

(b) (I)  Except as provided in subparagraph (II) of this paragraph (b), all other

agricultural property that does not meet the definition set forth in paragraph (a) of this subsection (1.6) shall be classified as all other property and shall be valued using appropriate consideration of the three approaches to appraisal based on its actual use on the assessment date.

(II)  On and after January 1, 2015, all other agricultural property includes

greenhouse and nursery production areas used to grow food products, agricultural products, or horticultural stock for wholesale purposes only that originate above the ground.

(c)  An assessor must determine, based on sufficient evidence, that a parcel

of land does not qualify as agricultural land, as defined in subparagraph (IV) of paragraph (a) of this subsection (1.6), before land may be changed from agricultural land to any other classification.

(d)  Notwithstanding any other provision of law to the contrary, property that

is used solely for the cultivation of medical marijuana shall not be classified as agricultural land.

(2)  Assessor means the elected assessor of a county, or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, and, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code.

(2.5)  Bed and breakfast means an overnight lodging establishment,

whether owned by a natural person or any legal entity, that is a residential dwelling unit or an appurtenance thereto, in which the innkeeper resides, or that is a building designed but not necessarily occupied as a single family residence that is next to, or directly across the street from, the innkeeper's residence, and in either circumstance, in which:

(a)  Lodging accommodations are provided for a fee;


(b)  At least one meal per day is provided at no charge other than the fee for

the lodging accommodations; and

(c)  There are not more than thirteen sleeping rooms available for transient

guests.

(3)  Board means the board of assessment appeals.


(3.1)  Commercial lodging area means a guest room or a private or shared

bathroom within a bed and breakfast that is offered for the exclusive use of paying guests on a nightly or weekly basis. Classification of a guest room or a bathroom as a commercial lodging area shall be based on whether at any time during a year such rooms are offered by an innkeeper as nightly or weekly lodging to guests for a fee. Classification shall not be based on the number of days that such rooms are actually occupied by paying guests.

(3.2)  Conservation purpose means any of the following purposes as set

forth in section 170 (h) of the federal Internal Revenue Code of 1986, as amended:

(a)  The preservation of land areas for outdoor recreation, the education of

the public, or the protection of a relatively natural habitat for fish, wildlife, plants, or similar ecosystems; or

(b)  The preservation of open space, including farmland and forest land,

where such preservation is for the scenic enjoyment of the public or is pursuant to a clearly delineated federal, state, or local government conservation policy and where such preservation will yield a significant public benefit.

(3.3)  Controlled environment agricultural facility or CEA facility means a

nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computerized management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(3.5)  Farm means a parcel of land which is used to produce agricultural

products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.

(3.7)  Fee simple estate means the largest possible estate allowed by law,

an estate that has potentially infinite duration.

(4)  Fixtures means those articles which, although once movable chattels,

have become an accessory to and a part of real property by having been physically incorporated therein or annexed or affixed thereto. Fixtures includes systems for the heating, air conditioning, ventilation, sanitation, lighting, and plumbing of such building. Fixtures does not include machinery, equipment, or other articles related to a commercial or industrial operation which are affixed to the real property for proper utilization of such articles. In addition, for property tax purposes only, fixtures does not include security devices and systems affixed to any residential improvements, including but not limited to security doors, security bars, and alarm systems.

(4.3)  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 which have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings which are less than one hundred twenty feet wide.

(4.4)  Forest management plan means an agreement which includes a plan

to aid the owner of forest land in increasing the health, vigor, and beauty of such forest land through use of forest management practices and which has been either executed between the owner of forest land and the Colorado state forest service or executed between the owner of forest land and a professional forester and has been reviewed and has received a favorable recommendation from the Colorado state forest service. The Colorado forest service shall annually inspect each parcel of land subject to a forest management plan to determine if the terms and conditions of such plan are being complied with and shall report by March 1 of each year to the assessor in each affected county the legal descriptions of the properties and the names of their owners that are eligible for the agricultural classification. The report shall also contain the legal descriptions of those properties and the names of their owners that no longer qualify for the agricultural classification because of noncompliance with their forest management plans. No property shall be entitled to the agricultural classification unless the legal description and the name of the owner appear on the report submitted by the Colorado state forest service. The Colorado state forest service shall charge a fee for the inspection of each parcel of land in such amount for the reasonable costs incurred by the Colorado state forest service in conducting such inspections. Such fee shall be paid by the owner of such land prior to such inspection. Any fees collected pursuant to this subsection (4.4) shall be subject to annual appropriation by the general assembly.

(4.5)  Forest management practices means practices accepted by

professional foresters which control forest establishment, composition, density, and growth for the purpose of producing forest products and associated amenities following sound business methods and technical forestry principles.

(4.6)  Forest trees means woody plants which have a well-developed stem

or stems, which are usually more than twelve feet in height at maturity, and which have a generally well-defined crown.

(5)  Repealed.


(5.5) (a)  Hotels and motels means improvements and the land associated

with such improvements that are used by a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public and that are predominantly used on an overnight or weekly basis; except that hotels and motels does not include:

(I)  A residential unit, except for a residential unit that is a hotel unit;


(II)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit is held as inventory by a developer primarily for sale to customers in the ordinary course of the developer's trade or business, is marketed for sale by the developer, and either has been held by the developer for less than two years since the certificate of occupancy for the residential unit has been issued or is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the developer; or

(III)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit has been acquired by a lender or an owners' association through foreclosure, a deed in lieu of foreclosure, or a similar transaction, is marketed for sale by the lender or owners' association and is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the lender or owners' association.

(IV)  Repealed.


(b)  If any time share estate, time share use period, undivided interest, or

other partial ownership interest in any hotel unit is owned by any non-hotel unit owner, then, unless a declaration or other express agreement binding on the non-hotel unit owners and the hotel unit owners provides otherwise:

(I)  The hotel unit owners shall pay the taxes on the hotel unit not required to

be paid by the non-hotel unit owners pursuant to subparagraph (II) of this paragraph (b).

(II)  Each non-hotel unit owner shall pay that portion of the taxes on the hotel

unit equal to the non-hotel unit owner's ownership or usage percentage of the hotel unit multiplied by the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit was residential real property.

(III)  For purposes of determining the amount due from any hotel unit owner

or non-hotel unit owner pursuant to subparagraph (II) of this paragraph (b), the assessor shall, upon the request of any hotel unit owner or non-hotel unit owner, calculate the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit were residential real property. A hotel unit owner or non-hotel unit owner may petition the county board of equalization for review of the assessor's calculation pursuant to the procedures set forth in section 39-10-114. Any appeal from the decision of the county board shall be governed by section 39-10-114.5.

(c)  As used in this subsection (5.5):


(I)  Condominium unit means a unit, as defined in section 38-33.3-103 (30),

C.R.S., and also includes a time share unit.

(II)  Hotel unit owners means any person or member of a group of related

persons whose ownership and use of a residential unit cause the residential unit to be classified as a hotel unit.

(III)  Hotel units means more than four residential unit ownership

equivalents in a project that are owned, in whole or in part, directly, or indirectly through one or more intermediate entities, by one person or by a group of related persons if the person or group of related persons uses the residential units or parts thereof in connection with a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public predominantly on an overnight or weekly basis. Hotel unit means any residential unit included in hotel units. For purposes of this subparagraph (III):

(A)  Control means the power to direct the business or affairs of an entity

through direct or indirect ownership of stock, partnership interests, membership interests, or other forms of beneficial interests.

(B)  Related persons means individuals who are members of the same

family, including only spouses and minor children, or persons who control, are controlled by, or are under common control with each other. Persons are not related persons solely because they engage a common agent to manage or rent their residential units, they are members of an owners' association or similar group, they enter into a tenancy in common or a similar agreement with respect to undivided interests in a residential unit, or any combination of the foregoing.

(IV)  Project means one or more improvements that contain residential units

if the boundaries of the residential units are described in or determined by the same declaration, as defined in section 38-33.3-103 (13), C.R.S.

(V)  Residential unit means a condominium unit, a single family residence,

or a townhome.

(VI)  Non-hotel unit owner means any owner of a time share estate, time

share use period, undivided interest, or other partial ownership interest in any hotel unit who is not a hotel unit owner with respect to the hotel unit.

(VII)  Residential unit ownership equivalent means:


(A)  In the case of time share units, time share interests or time share use

periods in one or more time share units that in the aggregate entitle the owner of such time share interests or time share use periods to three hundred sixty-five days of use in any calendar year or three hundred sixty-six days of use in any calendar year that is a leap year; and

(B)  In the case of residential units other than time share units, undivided

interests or other ownership interests in one or more such residential units that total one hundred percent. For purposes of this sub-subparagraph (B), any undivided interest or other ownership interest not stated in terms of a percentage of total ownership shall be converted to a percentage of total ownership based on the rights accorded to the holder of the undivided interest or other ownership interest.

(VIII)  Time share unit means a condominium unit that is divided into time

share estates as defined in section 38-33-110 (5) or that is subject to a time share use as defined in section 12-10-501 (4).

(5.6)  Hotels and motels as defined in subsection (5.5) of this section shall

not include bed and breakfasts.

(6)  Household furnishings means that personal property, other than

fixtures, in residential structures and buildings which is not used for the production of income at any time.

(6.2)  Hydroponics means a system in which water soluble primary or

secondary plant nutrients or micronutrients, or a combination of such nutrients, are placed in intimate contact with a plant's root system that is being grown in water or an inert supportive medium that supplies physical support for the roots.

(6.3)  Improvements means all structures, buildings, fixtures, fences, and

water rights erected upon or affixed to land, whether or not title to such land has been acquired.

(6.8)  Independently owned residential solar electric generation facility

means personal property that:

(a)  Is located on residential real property;


(b)  Is owned by a person other than the owner of the residential real

property;

(c)  Is installed on the customer's side of the meter;


(d)  Is used to produce electricity from solar energy primarily for use in the

residential improvements located on the residential real property; and

(e)  Has a production capacity of no more than one hundred kilowatts.


(7)  (Deleted by amendment, L. 2010, (HB 10-1267), ch. 425, p. 2198, � 1,

effective August 11, 2010.)

(7.1)  Innkeeper means the owner, operator, or manager of a bed and

breakfast.

(7.2)  Inventories of merchandise and materials and supplies which are held

for consumption by a business or are held primarily for sale means those classes of personal property which are held primarily for sale by a business, farm, or ranch, including components of personal property to be held for sale, or which are held for consumption by a business, farm, or ranch, or which are rented for thirty days or less. For the purposes of this subsection (7.2), personal property rented for thirty days or less means personal property rented for thirty days or less which can be returned at the option of the person renting the property, in a transaction on which the sales or use tax is actually collected before being finally sold, whether or not such personal property is subject to depreciation. It is the purpose of the general assembly to exempt personal property rented for thirty days or less from property tax because of the similarity of such property to inventories of merchandise held by retail stores. Further, the general assembly intends this exemption to encompass a transaction under a rental agreement in which the customer pays rent in order to use an item for a brief period of time; it is not intended to encompass an equipment lease contract covering a specific period of time and which includes financial penalties for early cancellation. Except for personal property rented for thirty days or less, the term inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale does not include personal property which is held for rent or lease or is subject to an allowance for depreciation. For property tax years commencing on or after January 1, 1984, the term does include inventory which is owned by and which is in the possession of the manufacturer of such inventory unless:

(a)  Such inventory is in the possession of the manufacturer after having

previously been leased by the manufacturer to a customer; and

(b)  Such manufacturer has not designated such inventory for scrapping,

substantial reconditioning, renovating, or remanufacturing in accordance with its customary practices. For the purposes of this paragraph (b), normal maintenance shall not constitute substantial reconditioning, renovating, or remanufacturing.

(7.5)  Repealed.


(7.7)  Livestock includes all animals.


(7.8)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the residential site of the completed home;

(b)  Is designed and used for residential occupancy in either temporary or

permanent locations;

(c)  Is constructed in compliance with the National Manufactured Housing

Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended;

(d)  Does not have motive power;


(e)  Is not licensed as a vehicle; and


(f)  Is eligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.

(7.9)  Minerals in place means, without exception, metallic and nonmetallic

mineral substances of every kind while in the ground.

(8)  Mobile home means a manufactured home built prior to the adoption of

the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended.

(8.3)  Modular home means any preconstructed factory-built building that:


(a)  Is ineligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.;

(b)  Is not constructed in compliance with the National Manufactured

Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended; and

(c)  Is constructed in compliance with building codes adopted by the division

of housing in the department of local affairs.

(8.4)  Natural cause means fire, explosion, flood, tornado, action of the

elements, act of war or terror, or similar cause beyond the control of and not caused by the party holding title to the property destroyed.

(8.5)  Not for private gain or corporate profit means the ownership and use

of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.

(8.6) (a)  Nursing home means a nursing care facility, regardless of a

resident's length of stay, that is licensed by the department of public health and environment under section 25-1.5-103 (1) and that meets the definition of a nursing care facility as set forth in the department of public health and environment regulations, including a nursing care facility that provides convalescent care or rehabilitation services such as physical and occupational therapy.

(b)  As used in this subsection (8.6), nursing care facility means a licensed

health care entity that is planned, organized, operated, and maintained to provide supportive, restorative, and preventative services to persons who, due to physical or mental disability, require continuous or regular inpatient nursing care.

(8.7)  Perpetual conservation easement means a conservation easement in

gross, as described in article 30.5 of title 38, C.R.S., that qualifies as a perpetual conservation restriction pursuant to section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any regulations issued thereunder.

(9)  Person means natural persons, corporations, partnerships, limited

liability companies, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.

(10)  Personal effects means such personal property as is or may be worn or

carried on or about the person, and such personal property as is usually associated with the person or customarily used in personal hobby, sporting, or recreational activities and which is not used for the production of income at any time.

(11)  Personal property means everything that is the subject of ownership

and that is not included within the term real property. Personal property includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (6.3) of this section.

(12)  Political subdivision means any entity of government authorized by law

to impose ad valorem taxes on taxable property located within its territorial limits.

(12.1)  Repealed.


(12.3) and (12.4)  Repealed.


(12.5)  Professional forester means any person who has received a

bachelor's or higher degree from an accredited school of forestry.

(13)  Property means both real and personal property.


(13.2)  Qualified organization means a qualified organization as defined in

section 170 (h)(3) of the federal Internal Revenue Code of 1986, as amended.

(13.5)  Ranch means a parcel of land which is used for grazing livestock for

the primary purpose of obtaining a monetary profit. For the purposes of this subsection (13.5), livestock means domestic animals which are used for food for human or animal consumption, breeding, draft, or profit.

(14)  Real property means:


(a)  All lands or interests in lands to which title or the right of title has been

acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state;

(b)  All mines, quarries, and minerals in and under the land, and all rights and

privileges thereunto appertaining; and

(c)  Improvements.


(14.3)  Residential improvements means a building, or that portion of a

building, designed for use predominantly as a place of residency by a person, a family, or families. The term includes buildings, structures, fixtures, fences, amenities, and water rights that are an integral part of the residential use. The term also includes a manufactured home, a mobile home, a modular home, a tiny home, and a nursing home as defined in subsection (8.6) of this section, regardless of a resident's length of stay.

(14.4) (a) (I)  Residential land means a parcel of land upon which residential

improvements are located. The term also includes:

(A)  Land upon which residential improvements were destroyed by natural

cause after the date of the last assessment as established in section 39-1-104 (10.2);

(B)  Two acres or less of land on which a residential improvement is located

where the improvement is not integral to an agricultural operation conducted on such land; and

(C)  A parcel of land without a residential improvement located thereon, if the

parcel is contiguous to a parcel of residential land that has identical ownership based on the record title and contains a related improvement that is essential to the use of the residential improvement located on the identically owned contiguous residential land.

(II)  Residential land does not include any portion of the land that is used for

any purpose that would cause the land to be otherwise classified, except as provided for in section 39-1-103 (10.5).

(III)  As used in this subsection (14.4):


(A)  Contiguous means that the parcels physically touch; except that

contiguity is not interrupted by an intervening local street, alley, or common element in a common-interest community.

(B)  Related improvement means a driveway, parking space, or

improvement other than a building, or that portion of a building designed for use predominantly as a place of residency by a person, a family, or families.

(b) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subparagraph (II) of this paragraph (b), when residential improvements are destroyed, demolished, or relocated as a result of a natural cause on or after January 1, 2010, that, were it not for their destruction, demolition, or relocation due to such natural cause, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and the two subsequent property tax years. The residential land classification may remain in place for additional subsequent property tax years, not to exceed a total of five subsequent property tax years, if the assessor determines there is evidence the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but shall not be limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, efforts by the owner to obtain financing for a residential improvement, or ongoing efforts to settle an insurance claim related to the destruction, demolition, or relocation of the residential improvement due to a natural cause.

(II)  The residential land classification of the land described in subparagraph

(I) of this paragraph (b) shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subparagraph (I) of this paragraph (b), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to construct or place a new or part of a new residential improvement on the land but that additional time is necessary;

(B)  The assessor determines that the classification at the time of

destruction, demolition, or relocation as a result of a natural cause was erroneous; or

(C)  A change of use has occurred. For purposes of this sub-subparagraph (C),

a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation as a result of a natural cause of the residential improvement.

(c) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subsection (14.4)(c)(II) of this section, when residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and one subsequent property tax year if the assessor determines there is evidence that the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but is not limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, or efforts by the owner to obtain financing for a residential improvement.

(II)  The residential land classification of the land described in subsection

(14.4)(c)(I) of this section shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subsection (14.4)(c)(I) of this section;

(B)  The assessor determines that the classification of the land at the time of

the destruction, demolition, or relocation was erroneous; or

(C)  A change of use has occurred. For purposes of this subsection

(14.4)(c)(II)(C), a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation of the residential improvement.

(14.5)  Residential real property means residential land and residential

improvements but does not include hotels and motels as defined in subsection (5.5) of this section.

(15)  Repealed.


(15.5) (a)  School means:


(I)  An educational institution having a curriculum comparable to that of a

publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance; or

(II)  An institution that is licensed as a child care center pursuant to part 3 of

article 5 of title 26.5 that is:

(A)  Operated by and as an integral part of a not-for-profit educational

institution that meets the requirements of subparagraph (I) of this paragraph (a); or

(B)  A not-for-profit institution that offers an educational program for not

more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.

(b)  School includes any educational institution that meets the

requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109 (1)(n)(I), C.R.S.

(16)  Taxable property means all property, real and personal, not expressly

exempted from taxation by law.

(16.3)  Tiny home means a tiny home, as defined in section 24-32-3302 (35),

that is certified by the division of housing in the department of local affairs to be designed for long-term residency and that is not registered in accordance with article 3 of title 42.

(17)  Treasurer means the elected treasurer of a county or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code, and in the case of any home rule county, the treasurer or such equivalent officer as provided by its charter.

(18)  Works of art means those items of personal property that are original

creations of visual art, including, but not limited to:

(a)  Sculpture, in any material or combination of materials, whether in the

round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;

(b)  Paintings or drawings;


(c)  Mosaics;


(d)  Photographs;


(e)  Crafts made from clay, fiber and textiles, wood, metal, plastics, or any

other material, or any combination thereof;

(f)  Calligraphy;


(g)  Mixed media composed of any combination of forms or media; or


(h)  Unique architectural embellishments.


Source: L. 64: R&RE, p. 674, � 1. C.R.S. 1963: � 137-1-1. L. 65: p. 1095, � 1. L.

67: p. 945, � 1. L. 70: p. 379, � 8. L. 73: p. 237, � 17. L. 75: (8) repealed, p. 1473, � 30, effective July 18. L. 77: (7.5), (12.3), and (12.4) added, p. 1728, �1, effective June 20; (8) RC&RE, p. 1740, � 1, effective January 1, 1978. L. 78: (12.1) added, p. 467, � 1, effective July 1. L. 79: (12.1) amended, p. 1400, � 1, effective March 13; (12.1)(a) amended, p. 1059, � 9, effective June 20; (12.1) repealed, p. 1456, � 4, effective July 1, 1981. L. 80: (18) added, p. 711, � 1, effective April 16. L. 81: (12.1)(d) R&RE, p. 1872, � 4, effective June 29; (12.1)(a)(II) amended, � 5, effective July 1. L. 83: (15) repealed, p. 1485, � 11, effective April 22; (1.1), (1.3), (1.6), (3.5), (5.5), (7.2), (7.8), (13.5), and (14.3) to (14.5) added, (5) repealed, and (12.3)(b) amended, pp. 1486, 1488, �� 1, 6, 4, effective June 1. L. 84: (7.2) amended, p. 983, � 1, effective May 8. L. 85: IP(7.2) amended and (7.9) added, pp. 1215, 1210, �� 1, 2, effective May 9. L. 87: (1.3) amended, p. 1382, � 1, effective May 8; (7.5), (12.3), and (12.4) repealed, p. 1304, � 1, effective May 20. L. 88: (4) and (11) amended and (12.1) repealed, pp. 1269, 1275, �� 4, 14, effective May 29. L. 89: (15.5) added, p. 1482, � 3, effective April 23. L. 90: (1.6)(a) amended, (4.3) to (4.6) and (12.5) added, p. 1706, � 1, effective April 16; (9) amended, p. 450, � 26, effective April 18; (1.6)(a) and (13.5) amended and (8.5) added, pp. 1695, 1703, 1701, �� 16, 37, 33, effective June 9. L. 91: IP(7.2) amended, p. 1980, � 1, effective April 20; (8) amended, p. 1394, � 2, effective April 27. L. 92: (4) amended, p. 2216, � 3, effective June 2. L. 94: (8) and (14.3) amended, p. 2568, � 86, effective January 1, 1995. L. 95: IP(1.6)(a) amended and (1.6)(a)(III), (3.2), (8.7), and (13.2) added, pp. 173, 174, �� 1, 2, effective April 7. L. 97: (1.1) and (1.6) amended, p. 509, � 1, effective April 24. L. 98: (11) amended, p. 1276, � 1, effective June 1. L. 99: (15.5) amended, p. 1299, � 1, effective June 3. L. 2000: (15.5)(a)(II) amended, p. 1499, � 1, effective August 2. L. 2001: (2) and (17) amended, p. 268, � 14, effective November 15. L. 2002: (5.5) amended, p. 1939, � 1, effective August 7; (2.5), (3.1), (5.6), and (7.1) added, (5.5)(a)(IV) repealed, and (14.4) amended, pp. 1671, 1673, �� 1, 3, effective January 1, 2003. L. 2004: (1.6)(a)(I) amended, p. 1208, � 86, effective August 4. L. 2008: (14.3) amended, p. 1914, � 129, effective August 5. L. 2009: (7.7) and (8.3) added and (7.8), (8), and (14.3) amended, (SB-040), ch. 9, p. 70, � 12, effective July 1; (8.5) amended, (SB 09-042), ch. 176, p. 779, � 1, effective August 5. L. 2010: (1.1) amended, (SB 10-177), ch. 392, p. 1861, � 1, effective August 11; (1.6)(a)(III) amended, (HB 10-1197), ch. 175, p. 634, � 1, effective August 11; (6.3) and (6.8) added and (7) and (11) amended, (HB10-1267), ch. 425, p. 2198, � 1, effective August 11. L. 2011: (8.4) added and (14.4) amended, (HB 11-1042), ch. 138, p. 479, � 1, effective May 4; (1.6)(d) added, (HB 11-1043), ch. 266, p. 1213, � 23, effective July 1; (1.6)(a)(I) and (14.4) amended, (HB 11-1146), ch. 166, p. 571, � 1, effective January 1, 2012. L. 2013: (14.4)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 116, effective August 7. L. 2014: (8.5) amended, (HB 14-1349), ch. 230, p. 854, � 4, effective May 17; (1.6)(b) amended, (SB 14-043), ch. 53, p. 248, � 1, effective August 6. L. 2016: (14.4)(b)(II)(A) amended, (SB 16-012), ch. 66, p. 169, � 1, effective April 5. L. 2017: IP, (1.1), and (1.3) amended, (SB 17-302), ch. 311, p. 1675, � 1, effective June 2. L. 2018: (14.4)(c) added, (HB 18-1283), ch. 270, p. 1665, � 1, effective August 8. L. 2019: (5.5)(c)(VIII) amended, (HB 19-1172), ch. 136, p. 1727, � 249, effective October 1. L. 2020: (17) amended, (HB 20-1077), ch. 80, p. 324, � 5, effective September 14. L. 2021: (3.7) added, (HB 21-1312), ch. 299, p. 1791, � 3, effective July 1; (14.4)(a) amended, (HB 21-1061), ch. 63, p. 252, � 1, effective September 7. L. 2022: IP(15.5)(a)(II) amended, (HB 22-1295), ch. 123, p. 865, � 124, effective July 1; (1.1), IP(1.3), and (1.3)(b) amended and (3.3) and (6.2) added, (HB 22-1301), ch. 198, p. 1321, � 1, effective August 10; (8.6) added and (14.3) amended, (HB 22-1296), ch. 310, p. 2226, � 1, effective August 10; (14.3) amended and (16.3) added, (HB 22-1242), ch. 172, p. 1139, � 34, effective August 10. L. 2024, 2nd Ex. Sess.: (1.3)(b)(II) and (1.3)(b)(III) amended and (1.3)(b)(IV) added, (HB 24B-1003), ch. 2, p. 24, � 1, effective November 28.

Editor's note: (1)  Amendments to subsection (1.6)(a) by House Bill 90-1229

harmonized with House Bill 90-1018.

(2)  Amendments to subsection (14.4) by House Bill 11-1042 and House Bill 11-1146 were harmonized, effective January 1, 2012.


(3)  Amendments to this section by HB 22-1242 and HB 22-1296 were

harmonized.

Cross references: (1)  For the creation of the property tax administrator, see �

39-2-101.

(2)  For the legislative declaration in HB 21-1312, see section 1 of chapter 299,

Session Laws of Colorado 2021.

C.R.S. § 39-28-401

39-28-401. Submission of ballot issue - increased tax on cigarettes and tobacco products - new tax on nicotine products - definition. (1) As used in this section, ballot issue means the question referred to voters in subsection (2) of this section.

(2)  At the election held on November 3, 2020, the secretary of state shall

submit to the registered electors of the state for their approval or rejection the following ballot issue: Shall state taxes be increased by $294,000,000 annually by imposing a tax on nicotine liquids used in e-cigarettes and other vaping products that is equal to the total state tax on tobacco products when fully phased in, incrementally increasing the tobacco products tax by up to 22% of the manufacturer's list price, incrementally increasing the cigarette tax by up to 9 cents per cigarette, expanding the existing cigarette and tobacco taxes to apply to sales to consumers from outside of the state, establishing a minimum tax for moist snuff tobacco products, creating an inventory tax that applies for future cigarette tax increases, and initially using the tax revenue primarily for public school funding to help offset revenue that has been lost as a result of the economic impacts related to COVID-19 and then for programs that reduce the use of tobacco and nicotine products, enhance the voluntary Colorado preschool program and make it widely available for free, and maintain the funding for programs that currently receive revenue from tobacco taxes, with the state keeping and spending all of the new tax revenue as a voter-approved revenue change?

(3)  For purposes of section 1-5-407, the ballot issue is a proposition. Section

1-40-106 (3)(d) does not apply to the ballot issue.

(4)  Repealed.


Source: L. 2020: Entire part added, (HB 20-1427), ch. 248, p. 1186, � 1,

effective July 8.

Editor's note: (1)  The ballot issue specified in this section was referred to the

registered electors as Proposition EE on November 3, 2020. It was approved by the voters and proclaimed by the Governor on December 31, 2020, with the following vote count:

FOR:  2,134,608


AGAINST:  1,025,182


(2)  Subsection (4)(b) provided for the repeal of subsection (4), effective July

1, 2021, if a majority of the electors voting on the ballot issue vote Yes/For. (See L. 2020, p. 1186.)

PART 5

BALLOT ISSUE RELATED TO PROPOSITION EE REFUNDS -

RATE REDUCTIONS - PERMITTED USES

Editor's note: (1)  Section 39-28-506 provided for the repeal of this part 5,

effective July 1, 2024, if a majority of the electors voting on the ballot issue specified in � 39-28-502, prior to its repeal, vote Yes/For. (See L. 2023, p. 2026.) The ballot issue was referred to the registered electors as Proposition II on November 7, 2023. It was approved by the voters and proclaimed by the Governor on December 15, 2023, with the following vote count:

FOR:  1,130,047


AGAINST:  543,405


(2)  This part was added in 2023 and was not amended prior to its repeal in

1. For the text of this part prior to its repeal in 2024, consult the 2023 Colorado Revised Statutes.

   39-28-501 to 39-28-506. (Repealed)

ARTICLE 28.5

Tax on Tobacco Products

Cross references: For the constitutional provision that establishes limitations

on spending, the imposition of taxes, and the incurring of debt, see � 20 of article X of the state constitution.

39-28.5-101.  Definitions.  As used in this article 28.5, unless the context

otherwise requires:

(1)  Consumer means any person who has title to or possession of tobacco

products for the person's own use or consumption in this state and not for resale.

(2) (a)  Delivery sale means, except as provided in subsection (2)(b) of this

section, the sale of tobacco products to a consumer in this state when:

(I)  The consumer submits an order for the tobacco products to a delivery

seller for sale by means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and

(II)  The tobacco products are delivered when the seller is not in the physical

presence of the consumer when the consumer obtains possession of the tobacco products by use of a common carrier, private delivery service, mail, or any other means.

(b)  Delivery sale does not include the sale of cigars or pipe tobacco.


(3)  Delivery seller means a person located outside of this state who makes

delivery sales.

(4)  Department means the department of revenue.


(5)  Distributing subcontractor means every person, firm, limited liability

company, partnership, or corporation who purchases tobacco products from a distributor for resale to a retailer in this state.

(6)  Distributor means every person who:


(a)  First receives tobacco products in this state;


(b)  Sells tobacco products in this state and is primarily liable for the tobacco

products tax on such products;

(c)  First sells or offers for sale in this state tobacco products imported into

this state from any other state or country; or

(d)  Is a delivery seller.


(7) (a)  Manufacturer's list price means, except as provided in subsections

(7)(b) and (7)(c) of this section, the invoice price for which a manufacturer or supplier sells a tobacco product to a distributor or remote retail seller exclusive of any discount or other reduction. In the case of cigars and pipe tobacco, manufacturer's list price is also known as the acquisition cost and is also exclusive of any discount or other reduction.

(b)  For a delivery or remote retail seller, if determining the invoice price

described in subsection (7)(a) of this section is impracticable, then manufacturer's list price means the average of the actual price paid, exclusive of any rebates or discounts applied, for the tobacco product's stock keeping unit during the preceding calendar year. The department may, by written notice to the delivery or remote retail seller, prospectively require a delivery or remote retail seller to calculate the tax on the invoice price if the department finds that the delivery or remote retail seller's use of the average price paid was for the purpose of avoiding tax.

(c)  For a manufacturer who is also a delivery seller, a remote retail seller, or

a retailer, and who sells tobacco products exclusively to consumers and not to suppliers or distributors, manufacturer's list price means the manufacturer's cost to manufacture the tobacco product, which includes the manufacturing overhead and the cost of all direct materials and direct labor used.

(8)  Modified risk tobacco product means any tobacco product for which

the secretary of the United States department of health and human services has issued an order authorizing the product to be commercially marketed as a modified risk tobacco product in accordance with 21 U.S.C. sec. 387k, or any successor section.

(9)  Moist snuff means any finely cut, ground, or powdered tobacco that is

not intended to be smoked but does not include any finely cut, ground, or powdered tobacco that is intended to be placed in the nasal cavity.

(10) (a)  Remote retail sale means the sale of cigars or pipe tobacco to a

consumer in this state when:

(I)  The consumer submits an order for the cigars or pipe tobacco to a remote

retail seller for sale by means other than an over-the-counter sale on the remote retail seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and

(II)  The cigars or pipe tobacco are delivered to the consumer by use of a

common carrier, private delivery service, mail, or any other means of remote delivery, or when the remote retail seller is not in the physical presence of the consumer when the consumer obtains possession of the cigars or pipe tobacco.

(b)  Remote retail sale does not include the sale of tobacco products other

than cigars or pipe tobacco.

(11)  Remote retail seller means a person located outside of this state who

makes remote retail sales.

(12)  Sale means any transfer, exchange, or barter, in any manner or by any

means whatsoever, for a consideration, including all sales made by any person. The term includes:

(a)  A gift by a person engaged in the business of selling tobacco products,

for advertising, as a means of evading the provisions of this article 28.5 or for any other purposes whatsoever;

(b)  A delivery sale; and


(c)  A remote retail sale.


(13)  Stock keeping unit means the unique identifier assigned by the

distributor or remote retail seller to various items in order to track inventory.

(14)  Tobacco products means cigars, cheroots, stogies, periques,

granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a pipe or otherwise, or both for chewing and smoking, but does not include cigarettes that are taxed separately pursuant to article 28 of this title 39.

Source: L. 86: Entire article added, p. 1113, � 13, effective July 1. L. 2005: (1.5)

added, p. 721, � 5, effective June 1. L. 2020: IP, (1), (2), and (4) amended and (1.2), (1.4), (3.3), and (3.7) added, (HB 20-1427), ch. 248, p. 1192, � 11, effective January 1, 2021. L. 2023: Entire section amended, (HB 23-1015), ch. 142, p. 605, � 1, effective January 1, 2024.

Editor's note: 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


39-28.5-102.  Tax levied. (1)  Except as set forth in subsection (3) of this

section, there is levied a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state, excluding modified risk tobacco products, at the rate of:

(a)  Twenty percent of the manufacturer's list price of the tobacco products

for the tax levied prior to January 1, 2021;

(b)  Thirty percent of the manufacturer's list price of the tobacco products for

the tax levied on and after January 1, 2021, but prior to July 1, 2024;

(c)  Thirty-six percent of the manufacturer's list price of the tobacco products

for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and

(d)  Forty-two percent of the manufacturer's list price of the tobacco

products for the tax levied on and after July 1, 2027.

(2)  There is levied a tax upon the sale, use, consumption, handling, or

distribution of modified risk tobacco products in this state at the rate of:

(a)  Fifteen percent of the manufacturer's list price of the modified risk

tobacco products for the tax levied on and after January 1, 2021, but prior to July 1, 2024;

(b)  Eighteen percent of the manufacturer's list price of the modified risk

tobacco products for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and

(c)  Twenty-one percent of the manufacturer's list price of the modified risk

tobacco products for the tax levied on and after July 1, 2027.

(3) (a)  If the total of the tax imposed upon the sale, use, consumption,

handling, or distribution of moist snuff under subsection (1) of this section and section 39-28.5-102.5 is less than the minimum moist snuff tax specified in subsection (3)(b) of this section, then the tax imposed upon the sale, use, consumption, handling, or distribution of moist snuff under this section is equal to the minimum moist snuff tax minus the tax imposed under section 39-28.5-102.5.

(b) (I)  The minimum moist snuff tax is equal to:


(A)  One dollar forty-eight cents for each one and two-tenth ounce container

for the tax levied on and after January 1, 2021, but prior to July 1, 2024;

(B)  One dollar eighty-four cents for each one and two-tenth ounce container

for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and

(C)  Two dollars twenty-six cents for each one and two-tenth ounce container

for the tax levied on and after July 1, 2027.

(II)  The amount specified in subsection (3)(b)(I) of this section is

proportionally increased for any container larger than one and two-tenths ounces.

(4) (a)  The tax set forth in this section is collected by the department.


(b)  In the case of the distributor, the tax set forth in this section is imposed at

the time the distributor:

(I)  Brings, or causes to be brought, into this state from without the state

tobacco products for sale;

(II)  Makes, manufactures, or fabricates tobacco products in this state for

sale in this state;

(III)  Ships or transports tobacco products to retailers in this state to be sold

by those retailers; or

(IV)  Makes a delivery sale.


(c)  In the case a remote retail seller, the tax set forth in this section is

imposed at the time the remote retail seller makes a remote retail sale.

(5)  Repealed.


Source: L. 86: Entire article added, p. 1114, � 13, effective July 1. L. 2020:

Entire section R&RE, (HB 20-1427), ch. 248, p. 1193, � 12, effective January 1, 2021. L. 2023: (5) added, (HB 23-1290), ch. 337, p. 2024, � 4, effective June 2; (4) amended, (HB 23-1015), ch. 142, p. 607, � 2, effective January 1, 2024.

Editor's note: (1)  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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


(2)  Subsection (5)(b) provided for the repeal of subsection (5), effective

January 1, 2024, if a majority of the electors voting in the November 7, 2023, election vote Yes/For the ballot issue referred to the voters pursuant to � 39-28-502 (1), as that section existed prior to its repeal on July 1, 2024. (See L. 2023, p. 2024). The ballot issue specified in � 39-28-502 (1) was referred to the registered electors as Proposition II on November 7, 2023. It was approved by the voters and proclaimed by the Governor on December 15, 2023, with the following vote count:

FOR:  1,130,047


AGAINST:  543,405


Cross references: (1)  For the tax on cigarettes, see article 28 of this title 39.


(2)  For the legislative declaration in HB 23-1290, see section 1 of chapter

337, Session Laws of Colorado 2023.

39-28.5-102.5.  Tax levied - state constitution. Pursuant to section 21 of

article X of the state constitution, there is levied, in addition to the tax levied pursuant to section 39-28.5-102, a tax on the sale, use, consumption, handling, or distribution of tobacco products by distributors and remote retail sellers, at a rate of twenty percent of the manufacturer's list price. The tax shall be paid to and collected by the department. The tax shall be imposed in the same manner as the tax described in section 39-28.5-102.

Source: L. 2005: Entire section added, p. 910, � 9, effective June 2; entire

section added, p. 925, � 10, effective June 2. L. 2023: Entire section amended, (HB 23-1015), ch. 142, p. 608, � 3, effective January 1, 2024.

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.

39-28.5-103.  Exempt sales. The tax imposed by section 39-28.5-102 shall

not apply with respect to any tobacco products which, under the constitution and laws of the United States, may not be made the subject of taxation by this state. Such exempt sales shall be reported to the department with such information as the department shall require.

Source: L. 86: Entire article added, p. 1114, � 13, effective July 1.


39-28.5-104.  Licensing required - rules - fines. (1)  It is unlawful for any

person to engage in the business of a distributor of tobacco products at any place of business or to make delivery or remote retail sales without first obtaining a license granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. In the case of a distributor located in this state, such license shall be granted only to a person who owns or operates the place from which the person engages in the business of a distributor of tobacco products, and, if such business is operated in two or more separate places in this state by any such person, a separate license for each place of business shall be required. Such license shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license shall be ten dollars per year, and such fee shall be credited to the general fund. Such fee shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article 28.5, and no license shall be issued to such person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased tobacco products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor or remote retail seller license, and shall revoke a distributor's or remote retail seller's license, if the distributor or remote retail seller owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor or remote retail seller has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor or remote retail seller license to a distributor or remote retail seller that has a current license issued pursuant to section 39-26-103.

(2)  (Deleted by amendment, L. 2008, p. 184, � 3, effective August 5, 2008.)


Source: L. 86: Entire article added, p. 1114, � 13, effective July 1. L. 2001:

Entire section amended, p. 580, � 5, effective May 30. L. 2004: Entire section amended, p. 247, � 2, effective August 4. L. 2005: (1) amended, p. 721, � 6, effective June 1. L. 2008: Entire section amended, p. 184, � 3, effective August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2123, � 179, effective August 11. L. 2023: (1) amended, (HB 23-1015), ch. 142, p. 608, � 4, effective January 1, 2024.

39-28.5-104.5.  Licensing of distributing subcontractors - rules - fines. (1)

It is unlawful for any person to engage in the business of a distributing subcontractor of tobacco products at any place of business without first obtaining a license granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. Such license shall be granted only to a person who owns or operates the place from which the person engages in the business of a distributing subcontractor of tobacco products, and, if such business is operated in two or more separate places by any such person, a separate license for each place of business shall be required. Such license shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license shall be ten dollars per year, and such fee shall be credited to the wholesale and distributing subcontractor license fund created in section 39-28-102.5. Such fee shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article, and no license shall be issued to such person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased tobacco products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor license and shall revoke a distributor's license, if the distributor owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title that have been determined by law to be due and unpaid, unless the distributor has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributing subcontractor license to a distributing subcontractor that has a current license issued pursuant to section 39-26-103.

(2)  (Deleted by amendment, L. 2008, p. 185, � 4, effective August 5, 2008.)


Source: L. 2005: Entire section added, p. 721, � 7, effective June 1. L. 2008:

Entire section amended, p. 185, � 4, effective August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2123, � 180, effective August 11.

39-28.5-105.  Books and records to be preserved. (1)  Every distributor shall

keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of tobacco products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of tobacco products made, except sales to the ultimate consumer within the state.

(2)  These records shall show the names and addresses of purchasers, the

inventory of all tobacco products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of tobacco products.

(3)  When a licensed distributor sells tobacco products exclusively to the

ultimate consumer within the state at the address given in the license, no invoice of those sales shall be required, but itemized invoices shall be made of all tobacco products transferred to other retail outlets owned or controlled by that licensed distributor. All books, records, and other papers and documents required by this section to be kept shall be preserved for a period of at least three years after the date of the documents, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

(4) (a)  Every retailer that is not also a licensed distributor shall keep at its

place of business complete and accurate records to show that all tobacco products received by the retailer were purchased from a licensed distributor. The retailer shall provide a copy of such records to the department if so requested. The department may establish the acceptable form of such records.

(b)  Any expenses incurred by the department related to enforcing paragraph

(a) of this subsection (4) shall be paid from the tobacco settlement defense account, created in section 24-22-115 (2)(a), C.R.S., for the state fiscal year 2009-10, and from the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b), for each state fiscal year thereafter.

(5)  Every remote retail seller shall keep complete and accurate records

necessary for the determination of the correct tax liability, including itemized invoices to validate the actual costs paid by the remote retail seller for all cigars and pipe tobacco offered in remote retail sales to the consumer within this state.

Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2009: (4)

added, (HB 09-1173), ch. 372, p. 2017, � 5, effective August 5. L. 2020: (1) and (3) amended, (HB 20-1427), ch. 248, p. 1195, � 13, effective January 1, 2021. L. 2023: (5) added, (HB 23-1015), ch. 142, p. 609, � 5, effective January 1, 2024.

Editor's note: 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


39-28.5-106.  Returns and remittance of tax - civil penalty. (1)  Every

distributor and remote retail seller shall file a return with the department each quarter. The return, which shall be upon forms prescribed and furnished by the department, shall contain, among other things, the total amount of tobacco products purchased by the distributor or remote retail seller during the preceding quarter and the tax due thereon.

(2)  Every distributor and remote retail seller shall file a return with the

department by the twentieth day of the month following the month reported and shall therewith remit the amount of tax due, less three and one-third percent of any sum so remitted that consists of tax collected after July 1, 2005, but before January 1, 2021, and less one and six-tenths percent of any sum so remitted that consists of tax collected on or after January 1, 2021, to cover the distributor's or remote retail seller's expense in the collection and remittance of said tax; except that no part of the tax imposed pursuant to section 39-28.5-102.5 and section 21 of article X of the state constitution shall be subject to the discount provided for in this subsection (2). If any distributor or remote retail seller is delinquent in remitting said tax, other than in unusual circumstances shown to the satisfaction of the executive director of the department, the distributor or remote retail seller shall not be allowed to retain any amounts to cover his or her expense in collecting and remitting said tax, and in addition the penalty imposed under section 39-28.5-110 (2)(b) shall apply.

(3)  Repealed.


(4) (a)  Any person, firm, limited liability company, partnership, or corporation,

other than a distributor or remote retail seller, in possession of tobacco products for which taxes have not otherwise been remitted pursuant to this section shall be liable and responsible for the uncollected tax that is levied pursuant to section 39-28.5-102 and section 21 of article X of the state constitution on behalf of the distributor or remote retail seller who failed to pay the tax. The person or entity shall make the payment to the department within thirty days of first taking possession of the tobacco product. The department shall establish a form to be used for remittance of the payment. The department shall remit the proceeds it receives pursuant to this subsection (4)(a) to the state treasurer for distribution as follows:

(I)  For all moneys received and collected in payment of the tax imposed

pursuant to section 39-28.5-102, fifteen percent shall be credited to the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b), and eighty-five percent shall be credited to the old age pension fund; and

(II)  All moneys received and collected in payment of the tax imposed

pursuant to section 39-28.5-102.5 shall be credited to the tobacco tax cash fund created in section 24-22-117, C.R.S.

(b)  The executive director of the department may impose a civil penalty on

any person, firm, limited liability company, partnership, or corporation in possession of tobacco products that fails to make a payment required pursuant to paragraph (a) of this subsection (4) or who is a distributor by virtue of being the first person who receives the tobacco products in the state and who fails to make a payment required pursuant to this section in an amount that does not exceed five hundred percent of such payment. Any moneys received pursuant to this paragraph (b) shall be remitted to the state treasurer for deposit in the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b).

Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 87: (2)

amended, p. 1467, � 3, effective April 16. L. 2003: (2) amended, p. 2637, � 5, effective June 5. L. 2005: (2) amended and (3) added, p. 910, � 10, effective June 2; (2) amended and (3) added, p. 925, � 11, effective June 2. L. 2009: (4) added, (HB 09-1173), ch. 372, p. 2018, � 6, effective August 5. L. 2017: (3) amended, (HB 17-1136), ch. 76, p. 238, � 5, effective March 23. L. 2019: (3) repealed, (HB 19-1256), ch. 395, p. 3515, � 7, effective August 2. L. 2020: (2) amended, (HB 20-1427), ch. 248, p. 1195, � 14, effective January 1, 2021. L. 2023: (1), (2), and IP(4)(a) amended, (HB 23-1015), ch. 142, p. 609, � 6, effective January 1, 2024

Editor's note: 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


Cross references: For the legislative declaration contained in the 2005 act

amending subsection (2) and enacting subsection (3), see section 1 of chapter 241, Session Laws of Colorado 2005.

39-28.5-107.  When credit may be obtained for tax paid - repeal. (1)  Where

tobacco products, upon which the tax imposed by this article 28.5 has been reported and paid, are shipped or transported by the distributor to retailers without the state to be sold by those retailers, are shipped or transported by the distributor to a consumer without the state on or after January 1, 2021, or are returned to the manufacturer by the distributor or destroyed by the distributor, credit of such tax may be made to the distributor in accordance with regulations prescribed by the department.

(2) (a)  Prior to January 1, 2025, credit shall be given by the department to a

distributor or remote retail seller for all taxes levied pursuant to this article 28.5 and section 21 of article X of the state constitution and paid pursuant to the provisions of this article 28.5 that are bad debts. Such credit shall offset taxes levied pursuant to this article 28.5 and section 21 of article X of the state constitution and paid pursuant to the provisions of this article 28.5 only. No credit shall be given unless the bad debt has been charged off as uncollectible on the books of the distributor or remote retail seller. Subsequent to receiving the credit, if the distributor or remote retail seller receives a payment for the bad debt, the distributor or remote retail seller shall be liable to the department for the amount received and shall remit this amount in the next payment to the department under section 39-28.5-106.

(b)  Any claim for a bad debt credit under this subsection (2) shall be

supported by all of the following:

(I)  A copy of the original invoice issued by the distributor or remote retail

seller;

(II)  Evidence that the tobacco products described in the invoice were

delivered to the person who ordered them; and

(III)  Evidence that the person who ordered and received the tobacco

products did not pay the distributor or remote retail seller for them and that the distributor or remote retail seller used reasonable collection practices in attempting to collect the debt.

(c)  If credit is given to a distributor or remote retail seller for a bad debt, the

person who ordered and received the tobacco products but did not pay the distributor or remote retail seller for them shall be liable in an amount equal to the credit for the tax imposed in this article 28.5 on the tobacco products. Subsequent to receiving the credit, if the distributor or remote retail seller receives a payment for the bad debt and the distributor or remote retail seller makes a payment to the department, the amount of taxes owed by such person shall be reduced by the amount paid to the department.

(d)  As used in this subsection (2), bad debt means the taxes attributable to

any portion of a debt that is related to a sale of tobacco products subject to tax under this article 28.5, that is not otherwise deductible or excludable, that has become worthless or uncollectible in the time after the tax has been paid pursuant to section 39-28.5-106, and that is eligible to be claimed as a deduction pursuant to section 166 of the federal Internal Revenue Code of 1986, as amended. A bad debt shall not include any interest on the wholesale price of tobacco products, uncollectible amounts on property that remain in the possession of the distributor or remote retail seller until the full purchase price is paid, expenses incurred in attempting to collect any account receivable or any portion of the debt recovered, an account receivable that has been sold to a third party for collection, or repossessed property.

(e)  This subsection (2) is repealed, effective December 31, 2028.


Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2004:

Entire section amended, p. 266, � 2, effective August 4. L. 2005: (2)(a) amended, p. 910, � 11, effective June 2; (2)(a) amended, p. 926, � 12, effective June 2. L. 2015: (1) amended, (HB 15-1301), ch. 336, p. 1364, � 3, effective June 5. L. 2020: (1) amended, (HB 20-1427), ch. 248, p. 1196, � 15, effective January 1, 2021. L. 2023: (2)(a), (2)(b)(I), (2)(b)(III), (2)(c), and (2)(d) amended, (HB 23-1015), ch. 142, p. 610, � 7, effective January 1, 2024. L. 2024: (2)(a) amended and (2)(e) added, (HB 24-1036), ch. 373, p. 2533, � 28, effective August 7.

Editor's note: 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


Cross references: (1)  For the legislative declaration contained in the 2005

act amending subsection (2)(a), see section 1 of chapter 241, Session Laws of Colorado 2005.

(2)  For the short title (Cigar On-line Sales Equalization Act) and the

legislative declaration in HB 15-1301, see sections 1 and 2 of chapter 336, Session Laws of Colorado 2015.

(3)  For the legislative declaration in HB 24-1036, see section 1 of chapter

373, Session Laws of Colorado 2024.

39-28.5-108.  Distribution of tax collected. (1) (a)  All money received and

collected in payment of the tax imposed by this article 28.5, except license fees received under section 39-28.5-104 and the money collected pursuant to section 39-28.5-102.5, shall be transmitted to the state treasurer, who shall distribute such money as follows: Fifteen percent to the general fund and eighty-five percent to the old age pension fund.

(b)  The net revenue that is credited to the old age pension fund created in

section 1 of article XXIV of the state constitution in accordance with subsection (1)(a) of this section and section 2 (a) of article XXIV of the state constitution is transferred to the general fund in accordance with section 7 (c) of article XXIV of the state constitution. Of this money or the fifteen percent that is directly credited to the general fund, the state treasurer shall transfer an amount equal to the total revenue that is attributable to the tax increase set forth in section 39-28.5-102, approved by the voters at the statewide election in November 2020, to the 2020 tax holding fund created in section 24-22-118 (1).

(2)  All moneys received and collected in payment of the tax imposed

pursuant to section 39-28.5-102.5 and section 21 of article X of the state constitution shall be transmitted to the state treasurer for deposit in the tobacco tax cash fund created in section 24-22-117, C.R.S.

Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2005:

Entire section amended, p. 911, � 12, effective June 2; entire section amended, p. 926, � 13, effective June 2. L. 2020: (1) amended, (HB 20-1427), ch. 248, p. 1196, � 16, effective January 1, 2021.

Editor's note: 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


Cross references: For the legislative declaration contained in the 2005 act

amending this section, see section 1 of chapter 241, Session Laws of Colorado 2005.

39-28.5-108.5.  Revenue and spending limitations. Notwithstanding any

limitations on revenue, spending, or appropriations contained in section 20 of article X of the state constitution or any other provision of law, any revenue generated by the tax increase set forth in section 39-28.5-102, approved by the voters at the statewide election in November 2020, may be collected and spent as a voter-approved revenue change.

Source: L. 2020: Entire section added, (HB 20-1427), ch. 248, p. 1196, � 17,

effective January 1, 2021.

Editor's note: 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


39-28.5-109.  Taxation by cities and towns. This article 28.5 does not

prevent a statutory or home rule municipality, county, or city and county from imposing, levying, and collecting any special sales tax upon sales of cigarettes, tobacco products, or nicotine products, as that term is defined in section 18-13-121 (5), or upon the occupation or privilege of selling cigarettes, tobacco products, or nicotine products. This article 28.5 does not affect any existing authority of local governments to impose a special sales tax on cigarettes, tobacco products, or nicotine products, in accordance with section 39-28-112, to be used for local and governmental purposes.

Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2019:

Entire section amended, (HB 19-1033), ch. 53, p. 189, � 7, effective July 1.

39-28.5-110.  Prohibited acts - penalties. (1)  It is unlawful for any person to

sell and distribute any tobacco products in this state without a license as required in section 39-28.5-104, or to willfully make any false or fraudulent return or false statement on any return, or to willfully evade the payment of the tax, or any part thereof, as imposed by this article 28.5. Any distributor, remote retail seller, or agent thereof who willfully violates any provision of this article 28.5 shall be punished as provided by section 39-21-118.

(2) (a)  If a person neglects or refuses to make a return as required by this

article and no amount of tax is due, the executive director of the department shall impose a penalty in the amount of twenty-five dollars.

(b)  If a person fails to pay the tax in the time allowed in section 39-28.5-106

(2), a penalty equal to ten percent of such tax plus one-half of one percent per month from the date when due, not to exceed eighteen percent in the aggregate, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, shall apply.

(c)  In computing and assessing the penalty, penalty interest, and interest

pursuant to paragraph (b) of this subsection (2), the executive director of the department may make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.

Source: L. 86: Entire article added, p. 1116, � 13, effective July 1. L. 87: (2)

R&RE, p. 1467, � 4, effective April 16. L. 2023: (1) amended, (HB 23-1015), ch. 142, p. 611, � 8, effective January 1, 2024.

39-28.5-111.  Federal requirements - affixing labels - penalty. (1)  No person

shall import into this state any tobacco product that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.

(2)  No person shall sell or offer to sell any tobacco product unless the

package or container of the tobacco product complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package or container of tobacco products.

(3)  No person shall sell or offer to sell any tobacco product if the package or

container is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.

(4) (a)  No person shall affix a stamp, label, or decal on a package or

container of tobacco products to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.

(b)  No person shall sell or offer to sell any tobacco product on which a

stamp, label, or decal was affixed to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.

(5)  The violation of any provision of this section is a class 2 misdemeanor.


(6) (a)  Any package or container of tobacco products found at any place in

this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department, its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages or containers of tobacco products that are so marked when it has reason to believe that the owner possesses the tobacco products for personal use and not for resale.

(b)  Any tobacco products seized by virtue of the provisions of this subsection

(6) shall be confiscated, and the department shall destroy such confiscated goods.

Source: L. 99: Entire section added, p. 93, � 2, effective March 24. L. 2021: (5)

amended, (SB 21-271), ch. 462, p. 3297, � 699, effective March 1, 2022.

Cross references: For the penalties for class 2 misdemeanors, see � 18-1.3-501.


39-28.5-112.  List of licensed distributors and remote retail sellers -

published on website. The department shall publish on its website a list of the names and addresses of all licensed distributors and remote retail sellers. The list shall be updated within seven days of any changes to the list.

Source: L. 2009: Entire section added, (HB 09-1173), ch. 372, p. 2018, � 7,

effective August 5. L. 2023: Entire section amended, (HB 23-1015), ch. 142, p. 611, � 9, effective January 1, 2024.

ARTICLE 28.6

Nicotine Products Tax

Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of

Colorado 2020, provides that this article 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 issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR:  2,134,608


AGAINST:  1,025,182


39-28.6-101.  Legislative declaration. (1)  The general assembly hereby finds

and declares that:

(a)  Nicotine is a highly addictive and toxic substance;


(b)  There has been a significant increase in the use of electronic cigarettes,

which heat nicotine, flavorings, and other chemicals to create an aerosol that is inhaled;

(c)  Children in middle school and high school have reported using electronic

cigarettes at alarming rates, and studies have linked electronic cigarette use among youth to nicotine addiction and cigarette smoking;

(d)  The long-term health risks of this use are unknown, but electronic

cigarette aerosol can contain harmful and potentially harmful substances including nicotine, cancer-causing chemicals, heavy metals, flavoring chemicals, ultrafine particles, and volatile organic compounds;

(e)  Yet nicotine products are not subject to the same excise tax as cigarettes

and tobacco products;

(f)  Taxing nicotine products at the wholesale level will increase the total

cost, which may serve as a deterrent to children and adolescents and in turn prevent and reduce consumption; and

(g)  Revenue from the tax can be used toward positive outcomes in children's

lives.

(2)  Therefore, the general assembly intends to create a tax on nicotine

products so that they are taxed in the same manner as tobacco products, including the licensing requirements that facilitate the collection of the tax.

Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1197, � 18,

effective January 1, 2021.

39-28.6-102.  Definitions.  As used in this article 28.6, unless the context

otherwise requires:

(1)  Delivery sale means a sale of nicotine products to a consumer in this

state when:

(a)  The consumer submits an order for the nicotine products to a delivery

seller for sale by means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and

(b)  The nicotine products are delivered when the seller is not in the physical

presence of the consumer when the consumer obtains possession of the nicotine products by use of a common carrier, private delivery service, mail, or any other means.

(2)  Delivery seller means a person located outside of this state who makes

delivery sales.

(3)  Department means the department of revenue.


(4)  Distributor means every person who:


(a)  First receives nicotine products in this state;


(b)  Sells nicotine products in this state and is primarily liable for the nicotine

products tax on the nicotine products;

(c)  First sells or offers for sale in this state nicotine products imported into

this state from any other state or country; or

(d)  Makes a delivery sale.


(5) (a)  Manufacturer's list price means, except as provided in subsections

(5)(b) and (5)(c) of this section, the invoice price for which a manufacturer or supplier sells a nicotine product to a distributor exclusive of any discount or other reduction.

(b)  For a delivery seller, if determ

C.R.S. § 39-3-102

39-3-102. Household furnishings - exemption. (1) Household furnishings, including free-standing household appliances, wall-to-wall carpeting, an independently owned residential solar electric generation facility, and security devices and systems that are not used for the production of income at any time shall be exempt from the levy and collection of property tax. If any household furnishings are used for the production of income for any period of time during the taxable year, such household furnishings shall be taxable for the entire taxable year. An independently owned residential solar electric generation facility shall not be considered to be used for the production of income unless the facility produces income for the owner of the residential real property on which the facility is located. For property tax purposes only, rebates, offsets, credits, and reimbursements specified in section 40-2-124, C.R.S., shall not constitute the production of income. For purposes of this subsection (1), for property tax purposes only, security devices and systems shall include, but shall not be limited to, security doors, security bars, and alarm systems.

(2)  For property tax years commencing on and after January 1, 1990, no work

of art, as defined in section 39-1-102 (18), which is not subject to annual depreciation and which would otherwise be exempt under this section shall cease to be exempt because it is stored or displayed on premises other than a residence.

Source: L. 89: Entire article R&RE, p. 1470, � 1, effective April 23; entire

section amended, p. 1494, � 1, effective June 8. L. 92: (1) amended, p. 2216, � 4, effective June 2. L. 2010: (1) amended, (HB 10-1267), ch. 425, p. 2199, � 2, effective August 11.

Editor's note: This section is similar to former � 39-3-101 (1)(a) as it existed

prior to 1989.

C.R.S. § 40-4-106

40-4-106. Rules for public safety - crossings - civil fines - allocation of expenses - definitions. (1) (a) The commission may, after a hearing on its own motion or upon complaint, make general or special orders, promulgate rules, or act by other means to require each public utility to maintain and operate its lines, plant, system, equipment, electrical wires, apparatus, tracks, and premises in such a manner as to promote and safeguard the health and safety of its employees, passengers, customers, subscribers, and the public and to require the performance of any other act that the health or safety of its employees, passengers, customers, subscribers, or the public may demand.

(b)  If, pursuant to this subsection (1), the commission issues an order or

promulgates a rule requiring a railroad company to comply with railroad crossing safety regulations, the commission may impose a civil penalty pursuant to article 7 of this title 40, in an amount not to exceed the maximum amount set forth in section 40-7-105 (1), against a railroad company that fails to comply with the order or rule.

(2) (a)  The commission has the power to determine, order, and prescribe, in

accordance with the plans and specifications to be approved by it, the just and reasonable manner including the particular point of crossing at which the tracks or other facilities of any public utility may be constructed across the facilities of any other public utility at grade, or above or below grade, or at the same or different levels, or at which the tracks or other facilities of any railroad corporation may be constructed across any public highway at grade, or above or below grade, or at which any public highway may be constructed across the tracks or other facilities of any railroad corporation at grade, or above or below grade and to determine, order, and prescribe the terms and conditions of installation and operation, maintenance, and warning at all such crossings that may be constructed, including the posting of personnel or the installation and regulation of lights, block, interlocking, or other system of signaling, safety appliance devices, or such other means or instrumentalities as may to the commission appear reasonable and necessary to the end, intent, and purpose that accidents may be prevented and the safety of the public promoted.

(b)  Whenever the commission orders in any proceeding before it, regardless

of by whom or how such proceeding was commenced, that automatic or other safety appliance signals or devices be installed, reconstructed, or improved and operated at any crossing at grade of any public highway or road over the tracks of any railroad corporation, the commission shall also determine and order, after notice and hearing, how the cost of installing, reconstructing, or improving such signals or devices shall be divided between and paid by the interested railroad corporation whose tracks are located at the crossing on the one hand and the chief engineer and the interested city, city and county, town, county, or other political subdivision of the state on the other hand. In determining how much of the cost shall be paid by the railroad corporation, consideration shall be given to the benefit, if any, that will accrue from the signals or devices to the railroad corporation, but in every case the part to be paid by the railroad corporation shall be not less than twenty percent of the total cost of the signals or devices at any crossing, and the orders shall provide that every signal or device installed will be maintained by the railroad corporation for the life of the crossing to be so signalized. In order to compensate for the use of the crossings by the public generally, the commission shall also order that such part of the cost of installing, reconstructing, or improving the signals or devices as will not be paid by the railroad corporation be divided between the highway-rail crossing signalization fund and the city, town, city and county, county, or other political subdivision in which the crossing is located, and the commission shall fix in each case the amount to be paid from the highway-rail crossing signalization fund and the amount to be paid by the city, town, city and county, county, or other political subdivision. Any order of the commission under this section for the payment of any part of any such costs from the highway-rail crossing signalization fund is authority for the state treasurer to pay out of said fund to the person, firm, or corporation entitled thereto under the commission's order the amount so determined to be paid from said fund. The requirement of notice and hearing in this section is deemed to have been complied with by the commission's giving notice of and holding a hearing upon the question of whether any such signals or devices are required at any crossing; but in such cases the notice shall state that the question of how the costs will be borne and paid will be considered at and determined as a result of the hearing for which the notice is given. This paragraph (b) shall not apply to any grade crossing when all or any part of the cost of the installation, reconstruction, or improvement of the signals or devices at the crossing will be paid from funds available under any federal or federal-aid highway act.

(3) (a) (I)  The commission also has power upon its own motion or upon

complaint and after hearing, of which all the parties in interest including the owners of adjacent property shall have due notice, to order any crossing constructed at grade or at the same or different levels to be relocated, altered, or abolished, according to plans and specifications to be approved and upon just and reasonable terms and conditions to be prescribed by the commission, and to prescribe the terms upon which the separation should be made and the proportion in which the expense of the alteration or abolition of the crossing or the separation of the grade should be divided between the railroad corporations affected or between the corporation and the state, county, municipality, or public authority in interest.

(II)  Notwithstanding the provisions of subparagraph (I) of this paragraph (a),

the affected railroad corporation, the commission, the department of transportation, or the local government responsible for supervising and maintaining the intersecting public highway or road may abolish any crossing at grade of any public highway or road over the tracks of a corporation if:

(A)  The crossing is without gates, signals, alarm bells, or warning personnel

and is located within one-quarter mile of a crossing with gates, signals, alarm bells, or warning personnel or a separated grade crossing;

(B)  The crossing is not the only crossing that provides access to property;


(C)  No less than sixty days prior to the proposed abolition date, the railroad

corporation, commission, department of transportation, or local government posts conspicuous notice of the proposed abolition at the crossing and gives written notice of the proposed abolition to all other entities authorized to initiate abolition of the crossing pursuant to this subparagraph (II); and

(D)  Neither any entity given notice nor any other interested party files an

objection to the abolition pursuant to subparagraph (III) of this paragraph (a).

(III)  A crossing shall not be abolished pursuant to subparagraph (II) of this

paragraph (a) if an entity given notice pursuant to sub-subparagraph (C) of subparagraph (II) of this paragraph (a) or any other interested party, within sixty days of receiving such notice, files with the commission and provides to the entity that gave notice of the proposed abolition a written objection to the abolition. The written objection shall include a statement by a professional engineer licensed to practice in Colorado that indicates that the engineer is familiar with the requirements of subparagraph (II) of this paragraph (a) and all relevant aspects of the crossing and has examined the crossing and believes that it is safe as designed. However, nothing in this subparagraph (III) shall preclude the abolition of the crossing pursuant to subparagraph (I) of this paragraph (a).

(b) (I) (A)  The commission is authorized to approve individual projects

wherein the allocation of the total expenses of the separation of grades to be paid by the railroad corporation or railroad corporations may exceed two million five hundred thousand dollars. The commission may approve more than one project, the sum totals of which may exceed the two-million-five-hundred-thousand-dollar cap set forth in this subparagraph (I), but in no event shall an individual class I railroad corporation pay more than two million five hundred thousand dollars of the cost of a single project or the cost of more than one project in any calendar year. Nothing in this subparagraph (I) shall preclude any railroad corporation from voluntarily contributing more than its allotted share for grade separation construction in one year, and, in such event, all amounts contributed by such railroad exceeding its allotted share in any one year shall be credited to and shall serve to reduce any payment for grade separation construction expenses by that railroad in subsequent years.

(B)  Repealed.


(II)  If the cost of a project is such that it calls for payment by a railroad

corporation in more than one calendar year or if the amount due from the railroad corporation exceeds two million five hundred thousand dollars and thus must be made in consecutive calendar years, nothing in this section shall be construed to require that the approved project must be subjected to reapplication or rereview by the commission.

(III)  In determining how much of the total expense of the separation of

grades shall be paid by the railroad corporation or railroad corporations and by the state, county, municipality, or public authority in interest, consideration shall be given to the benefits, if any, which accrue from the grade separation project and the responsibility for need, if any, for such project. The railroad corporation or railroad corporations and the state, county, municipality, or public authority in interest shall share the costs for that portion of the project which separates the grades and constructs the approaches thereto. The commission shall consider the costs of obtaining rights-of-way, the costs of construction, and the costs of engineering. To the extent that the requirements of the railroad corporation or railroad corporations and the state, county, municipality, or public authority in interest generate additional costs beyond that necessary to provide the grade separation, such costs shall be borne by the responsible entity.

(IV)  This paragraph (b) shall not apply to any project for the elimination of

hazards at any railway-highway crossing when all or any part of the cost of such project will be paid from money made available for expenditure under title 23, U.S.C.; except that any amount paid by a railroad corporation for such an exempt project shall be credited against the two-million-five-hundred-thousand-dollar cap set forth in subparagraph (I) of this paragraph (b).

(c) (I)  The state, county, municipality, or public authority, at its discretion,

may withdraw its request for allocation determination at any time prior to the issue of the final order of the commission.

(II)  The state, county, municipality, or public authority, at its discretion, after

the hearing and prior to final order of the commission, may make a motion for a declaratory ruling on the cost allocation. In response to such a request, the commission shall make a declaratory ruling and shall provide the movant reasonable time to withdraw the request for allocation determination.

(III)  After the final order is issued, the project shall proceed, unless the

commission revises the order after consideration of a request for change by the state, county, municipality, or public authority in interest.

(d)  The commission shall not order the abolition of any crossing for which a

grade separation is determined to be necessary until this separation is constructed.

(e) and (f)  Repealed.


(4)  Repealed.


(5)  Notwithstanding any provision of law to the contrary, the commission

shall adopt rules requiring that:

(a)  Unless the applicable road authority is a local government, the total costs

to maintain an existing crossing, including materials, labor, traffic control, railroad flagging, and any necessary permits, are shared equally between:

(I)  The railroad, railroad corporation, rail fixed guideway, transit agency, or

owner of the track; and

(II)  The road authority; and


(b)  If the applicable road authority is a local government, the total costs to

maintain an existing crossing are apportioned as follows:

(I)  The railroad, railroad corporation, rail fixed guideway, transit agency, or

owner of the track is responsible for the costs to maintain the portion of the existing crossing that is between the ends of the railroad ties; and

(II)  The local government is responsible for the costs to maintain the portion

of the existing crossing that is outside of the ends of the railroad ties.

(6)  As used in this section, unless the context otherwise requires:


(a)  Crossing means a highway-rail crossing or a pathway crossing.


(b)  Highway-rail crossing has the meaning set forth in section 40-20-302

(11).

(c) (I)  Maintain means actions necessary to preserve an existing crossing

and to keep the crossing from a state of decline or disrepair.

(II)  Maintain does not include the installation, reconstruction, or

improvement and operation of an automatic or other safety appliance signal or device, as described in subsection (2)(b) of this section.

(d)  Pathway crossing has the meaning set forth in section 40-20-302 (16).


(e)  Rail fixed guideway means a person possessing rail fixed guideway

system facilities by ownership or lease.

(f) (I)  Rail fixed guideway system has the meaning set forth in section 40-18-101 (3).


(II)  Rail fixed guideway system includes street railroads, street railways,

and electric railroads, as those terms are used in article 24 of this title 40.

(g) (I)  Railroad means either of the following, as the context may require:


(A)  Facilities, including: Tracks; track roads; bridges used or operated in

connection with the tracks or track roads; switches; spurs; and terminal facilities, freight depots, yards, and grounds, including rights-of-way, used or necessary for the transportation of passengers or property; or

(B)  A person possessing the facilities described in subsection (6)(g)(I)(A) of

this section by ownership or lease.

(II)  Railroad does not include rail fixed guideways or rail fixed guideway

systems.

(h)  Railroad corporation means five or more persons associating to form a

company for the purpose of constructing and operating a railroad in accordance with section 40-20-101.

(i)  Road authority means a municipality, county, state agency, federal

agency, or other governmental or quasi-governmental entity that owns or maintains the public highway at a highway-rail crossing or the public pathway at a pathway crossing.

(j)  Transit agency has the meaning set forth in section 40-18-101 (6).


Source: L. 13: p. 478, � 29. L. 17: p. 415, � 1. C.L. � 2940. CSA: C. 137, � 30. L.

41: p. 602, � 1. L. 43: p. 476, � 1. CRS 53: � 115-4-6. L. 55: p. 698, � 1. L. 63: p. 758, � 1. C.R.S. 1963: � 115-4-6. L. 65: p. 926, � 1. L. 69: pp. 935, 964, �� 24, 75. L. 72: p. 615, � 144. L. 80: (4) added, p. 750, � 1, effective April 16. L. 81: (1) amended, p. 1918, � 1, effective June 19. L. 83: (3) amended, p. 1558, � 1, effective July 1. L. 86: (3)(b) and (3)(c) R&RE and (3)(e) and (3)(f) repealed, pp. 1157, 1158, �� 1, 2, effective July 1. L. 91: (2)(b) amended, p. 1075, � 62, effective July 1. L. 93: (3)(b)(I)(B) repealed, p. 2063, � 15, effective July 1. L. 99: (3)(b)(I), (3)(b)(II), and (3)(b)(IV) amended, p. 140, � 1, effective August 4. L. 2003: (2)(b) amended, p. 1702, � 11, effective May 14. L. 2007: (3)(a) amended, p. 313, � 1, effective August 3. L. 2008: (2) amended, p. 1794, � 12, effective July 1. L. 2015: (2)(b) amended, (HB 15-1209), ch. 64, p. 173, � 2, effective March 30. L. 2019: (1) amended, (SB 19-236), ch. 359, p. 3311, � 14, effective May 30. L. 2025: (5) and (6) added, (HB 25-1110), ch. 66, p. 282, � 1, effective August 6.

Editor's note: (1)  Subsection (4)(b) provided for the repeal of subsection (4),

effective July 1, 1982. (See L. 80, p. 750.)

(2)  Section 2(2) of chapter 66 (HB 25-1110), Session Laws of Colorado 2025,

provides that the act changing this section applies to costs accrued on or after August 6, 2025, unless the costs accrue pursuant to an agreement entered into by the parties before August 6, 2025, which agreement provides for the distribution of the costs to be shared between the parties.

Cross references: For liability under provisions of subsection (2) of this

section, see � 43-4-216; for rule-making procedures, see article 4 of title 24.

C.R.S. § 42-4-108

42-4-108. Public officers to obey provisions - exceptions for emergency vehicles. (1) The provisions of this article applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or other political subdivision of the state, subject to such specific exceptions as are set forth in this article with reference to authorized emergency vehicles.

(2)  The driver of an authorized emergency vehicle, when responding to an

emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this article. The driver of an authorized emergency vehicle may:

(a)  Park or stand, irrespective of the provisions of this title;


(b)  Proceed past a red or stop signal or stop sign, but only after slowing

down as may be necessary for safe operation;

(c)  Exceed the lawful speeds set forth in section 42-4-1101 (2) or exceed the

maximum lawful speed limits set forth in section 42-4-1101 (8) so long as said driver does not endanger life or property;

(d)  Disregard regulations governing directions of movement or turning in

specified directions.

(3)  The exemptions and conditions provided in paragraphs (b) to (d), in their

entirety, of subsection (2) of this section for an authorized emergency vehicle shall continue to apply to section 24-10-106 (1)(a), C.R.S., only when such vehicle is making use of audible or visual signals meeting the requirements of section 42-4-213, and the exemption granted in paragraph (a) of subsection (2) of this section shall apply only when such vehicle is making use of visual signals meeting the requirements of section 42-4-213 unless using such visual signals would cause an obstruction to the normal flow of traffic; except that an authorized emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected violator of any provision of this title need not display or make use of audible or visual signals so long as such pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator. Nothing in this section shall be construed to require an emergency vehicle to make use of audible signals when such vehicle is not moving, whether or not the vehicle is occupied.

(4)  The provisions of this section shall not relieve the driver of an authorized

emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of such driver's reckless disregard for the safety of others.

(5)  The state motor vehicle licensing agency shall designate any particular

vehicle as an authorized emergency vehicle upon a finding that the designation of that vehicle is necessary to the preservation of life or property or to the execution of emergency governmental functions. Such designation shall be in writing, and the written designation shall be carried in the vehicle at all times, but failure to carry the written designation shall not affect the status of the vehicle as an authorized emergency vehicle.

Source: L. 94: Entire title amended with relocations, p. 2231, � 1, effective

January 1, 1995. L. 96: (3) amended, p. 958, � 4, effective July 1.

C.R.S. § 42-4-1403

42-4-1403. Following fire apparatus prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Any person who violates any provision of this section commits a class A traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2392, � 1, effective

January 1, 1995.

Editor's note: This section is similar to former � 42-4-1205 as it existed prior

to 1994, and the former � 42-4-1403 was relocated to � 42-4-1603.

C.R.S. § 42-4-1404

42-4-1404. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department used at any fire, alarm of fire, or practice runs or laid down on any street, private driveway, or highway without the consent of the fire department official in command. Any person who violates any provision of this section commits a class B traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2392, � 1, effective

January 1, 1995.

Editor's note: This section is similar to former � 42-4-1206 as it existed prior

to 1994, and the former � 42-4-1404 was relocated to � 42-4-1604.

C.R.S. § 42-4-222

42-4-222. Volunteer firefighters - volunteer ambulance attendants - special lights and alarm systems. (1) (a) All members of volunteer fire departments regularly attached to the fire departments organized within incorporated towns, counties, cities, and fire protection districts and all members of a volunteer ambulance service regularly attached to a volunteer ambulance service within an area that the ambulance service would be reasonably expected to serve may have their private automobiles equipped with a signal lamp or a combination of signal lamps capable of displaying flashing, oscillating, or rotating red lights visible to the front and rear at five hundred feet in normal sunlight. In addition to the red light, flashing, oscillating, or rotating signal lights may be used that emit white or white in combination with red lights. At least one of such signal lamps or combination of signal lamps shall be mounted on the top of the automobile. Said automobiles may be equipped with audible signal systems such as sirens, whistles, or bells. Said lights, together with any signal systems authorized by this subsection (1), may be used only as authorized by subsection (3) of this section or when a member of a fire department is responding to or attending a fire alarm or other emergency or when a member of an ambulance service is responding to an emergency requiring the member's services. Except as authorized in subsection (3) of this section, neither such lights nor such signals shall be used for any other purpose than those set forth in this subsection (1). If used for any other purpose, such use shall constitute a violation of this subsection (1), and the violator commits a class B traffic infraction.

(b)  Notwithstanding the provisions of paragraph (a) of this subsection (1), a

member of a volunteer fire department or a volunteer ambulance service may equip his or her private automobile with the equipment described in paragraph (a) of this subsection (1) only after receiving a permit for the equipment from the fire chief of the fire department or chief executive officer of the ambulance service through which the volunteer serves.

(2)  (Deleted by amendment, L. 96, p. 957, � 3, effective July 1, 1996.)


(3)  A fire engine collector or member of a fire department may use the signal

system authorized by subsection (1) of this section in a funeral, parade, or for other special purposes if the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency.

Source: L. 94: Entire title amended with relocations, p. 2257, � 1, effective

January 1, 1995. L. 96: (1) and (2) amended, p. 957, � 3, effective July 1. L. 2004: (1) amended, p. 1081, � 5, effective July 1. L. 2005: (1)(a) amended and (3) added, p. 195, � 2, effective July 1.

C.R.S. § 42-4-224

42-4-224. Horns or warning devices - definition. (1) Every motor vehicle, when operated upon a highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound, except as provided in section 42-4-213 (1) in the case of authorized emergency vehicles or as provided in section 42-4-222. The driver of a motor vehicle, when reasonably necessary to ensure safe operation, shall give audible warning with the horn but shall not otherwise use such horn when upon a highway.

(2)  No vehicle shall be equipped with nor shall any person use upon a vehicle

any audible device except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this section is meant to preclude the use of audible warning devices that are activated when the vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal device under section 42-4-213 (1), but such device shall not be used except when such vehicle is operated in response to an emergency call or in the actual pursuit of a suspected violator of the law or for other special purposes, including, but not limited to, funerals, parades, and the escorting of dignitaries. Such device shall not be used for such special purposes unless the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency.

(3)  A bicycle, electrical assisted bicycle, electric scooter, or low-power

scooter shall not be equipped with, nor shall any person use upon a bicycle, electrical assisted bicycle, electric scooter, or low-power scooter, a siren or whistle.

(4)  Snowplows and other snow-removal equipment shall display flashing

yellow lights meeting the requirements of section 42-4-214 as a warning to drivers when such equipment is in service on the highway.

(5) (a)  When any snowplow or other snow-removal equipment displaying

flashing yellow lights is engaged in snow and ice removal or control, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such snowplow.

(b)  The driver of a snowplow, while engaged in the removal or control of

snow and ice on any highway open to traffic and while displaying the required flashing yellow warning lights as provided by section 42-4-214, shall not be charged with any violation of the provisions of this article relating to parking or standing, turning, backing, or yielding the right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard for the safety of all persons, nor shall these exemptions protect the driver of a snowplow from the consequences of a reckless or careless disregard for the safety of others.

(6) (a)  Any person who violates any provision of this section commits a class

B traffic infraction; except that a person commits a class A traffic infraction if the person passes an authorized service vehicle snowplow that is operated by a state, county, or local government, displaying lights as authorized in section 42-4-214, and performing its service function in echelon formation with one or more other such snowplows.

(b)  As used in this subsection (6), unless the context otherwise requires,

echelon formation means a formation in which snowplows are arranged diagonally, with each unit stationed behind and to the right, or behind and to the left, of the unit ahead.

Source: L. 94: Entire title amended with relocations, p. 2259, � 1, effective

January 1, 1995. L. 2005: (1) and (2) amended, p. 196, � 3, effective July 1. L. 2009: (3) amended, (HB 09-1026), ch. 281, p. 1276, � 47, effective October 1. L. 2019: (3) amended, (HB 19-1221), ch. 271, p. 2560, � 6, effective May 23; (6) amended, (HB 19-1265), ch. 203, p. 2175, � 2, effective August 2.

Editor's note: This section is similar to former � 42-4-221 as it existed prior to

1994, and the former � 42-4-224 was relocated to � 42-4-227.

C.R.S. § 44-10-203

44-10-203. State licensing authority - rules - repeal. (1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 5, 2026.] Permissive rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) may include the following subjects:

(1) [Editor's note: This version of the introductory portion to subsection (1) is

effective January 5, 2026.] Permissive rule-making. Rules adopted pursuant to section 44-10-202 (1)(c) may include the following subjects:

(a)  Labeling guidelines concerning the total content of THC per unit of

weight;

(b)  Control of informational and product displays on licensed premises;


(c) [Editor's note: This version of subsection (1)(c) is effective until January 5,

2026.] Records to be kept by licensees and the required availability of the records;

(c) [Editor's note: This version of subsection (1)(c) is effective January 5,

2026.] Records to be kept by licensees and the required availability of the records. The records required to be kept may include the following:

(I)  Child resistance certificates;


(II)  Testing records;


(III)  Certificates of analysis or other records demonstrating the composition

of raw ingredients used in vaporizers or pressured metered dose inhalers;

(IV)  Recall records;


(V)  Adverse health events;


(VI)  Corrective action and preventive action records;


(VII)  Documentation required to demonstrate valid responsible vendor

designation;

(VIII)  Standard operating procedures;


(IX)  Transfer records to account for regulated marijuana transactions;


(X)  Expiration date testing and use-by-date testing;


(XI)  Patient records; and


(XII)  Advertising records.


(d)  Permitted economic interests issued prior to January 1, 2020, including a

process for a criminal history record check, a requirement that a permitted economic interest applicant submit to and pass a criminal history record check, a divestiture, and other agreements that would qualify as permitted economic interests;

(e)  Specifications of duties of officers and employees of the state licensing

authority;

(f)  Instructions for local licensing authorities and law enforcement officers;


(g)  Requirements for inspections, investigations, searches, seizures,

forfeitures, and such additional activities as may become necessary from time to time;

(h)  Prohibition of misrepresentation and unfair practices;


(i)  Marijuana research and development licenses, including application

requirements; renewal requirements, including whether additional research projects may be added or considered; conditions for license revocation; security measures to ensure marijuana is not diverted to purposes other than research or diverted outside of the regulated marijuana market; the amount of plants, useable marijuana, marijuana concentrates, or marijuana products a licensee may have on its premises; licensee reporting requirements; the conditions under which marijuana possessed by medical marijuana licensees may be donated to marijuana research and development licensees or transferred to a nonmetric-based research facility; provisions to prevent contamination; requirements for destruction or transfer of marijuana after the research is concluded; and any additional requirements;

(j)  A definition for disproportionate impacted area to the extent relevant

state of Colorado data exists, is available, and is used for the purpose of determining eligibility for a social equity licensee;

(j.3)  The documentation a natural person applying to be a social equity

licensee must provide and the documentation verification the state licensing authority performs;

(j.5) [Editor's note: This version of subsection (1)(j.5) is effective until January

5, 2026.] The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans; and

(j.5) [Editor's note: This version of subsection (1)(j.5) is effective January 5,

2026.] The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans;

(k)  Such other matters as are necessary for the fair, impartial, stringent, and

comprehensive administration of this article 10;

(l) [Editor's note: Subsection (1)(l) is effective January 5, 2026.] Development

of individual identification cards for:

(I)  Controlling beneficial owners;


(II)  Passive beneficial owners; or


(III)  Individuals who handle or transport regulated marijuana on behalf of

entities licensed pursuant to this article 10.

(m) [Editor's note: Subsection (1)(m) is effective January 5, 2026.]

Requirements for medical marijuana products manufacturers or retail marijuana products manufacturers to use an approved licensed premises and approved equipment to manufacture and prepare products not infused with regulated marijuana for the purpose of quality control and research and development in the formulation of regulated marijuana products.

(2) [Editor's note: This version of the introductory portion to subsection (2) is

effective until January 5, 2026.] Mandatory rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) must include the following subjects:

(2) [Editor's note: This version of the introductory portion to subsection (2) is

effective January 5, 2026.] Mandatory rule-making. Rules adopted pursuant to section 44-10-202 (1)(c) must include the following subjects:

(a)  Procedures consistent with this article 10 for the issuance, renewal,

suspension, and revocation of licenses to operate medical marijuana businesses and retail marijuana businesses;

(b)  Subject to the limitations contained in section 16 (5)(a)(II) of article XVIII

of the state constitution and consistent with this article 10, a schedule of application, licensing, and renewal fees for medical marijuana businesses and retail marijuana businesses;

(c) [Editor's note: This version of subsection (2)(c) is effective until January 5,

2026.] Qualifications for licensure pursuant to this article 10, including but not limited to the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners, passive beneficial owners, managers, contractors, employees, and other support staff of entities licensed pursuant to this article 10;

(c) [Editor's note: This version of subsection (2)(c) is effective January 5,

2026.] Qualifications for initial licensure pursuant to this article 10, including the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners and passive beneficial owners of entities licensed pursuant to this article 10 and name-based judicial record checks for employees of regulated marijuana businesses;

(d) (I)  Establishment of a marijuana and marijuana products independent

testing and certification program for marijuana business licensees, within an implementation time frame established by the department, requiring licensees to test marijuana and hemp products to ensure, at a minimum, that products sold for human consumption by persons licensed pursuant to this article 10 do not contain contaminants that are injurious to health and to ensure correct labeling.

(II)  Testing may include analysis for microbial and residual solvents and

chemical and biological contaminants deemed to be public health hazards by the Colorado department of public health and environment based on medical reports and published scientific literature.

(III) (A)  If test results indicate the presence of a substance determined to be

injurious to health, the medical marijuana or retail marijuana licensee shall immediately quarantine the products and notify the state licensing authority. The state licensing authority shall give the licensee an opportunity to remediate or decontaminate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate or decontaminate the product, the licensee shall document and properly destroy the adulterated product. If the licensee is able to remediate or decontaminate the product and the product passes retesting, the licensee need not provide an additional label that would otherwise not be required for a product that passed initial testing.

(B)  If retail marijuana or retail marijuana product test results indicate the

presence of quantities of a substance determined to be injurious to health, including pesticides, the state licensing authority shall give the licensee an opportunity to retest the retail marijuana or retail marijuana product.

(C)  If two additional tests of the retail marijuana or retail marijuana product

do not indicate the presence of quantities of any substance determined to be injurious to health, the product may be used or sold by the retail marijuana licensee.

(IV) (A)  Testing must also verify THC potency representations and

homogeneity for correct labeling and provide a cannabinoid profile for the regulated marijuana product.

(B)  An individual retail marijuana piece of ten milligrams or less that has

gone through process validation is exempt from continued homogeneity testing.

(C)  Homogeneity testing for one hundred milligram servings of retail

marijuana may utilize validation measures.

(V)  The state licensing authority shall determine an acceptable variance for

potency representations and procedures to address potency misrepresentations. The state licensing authority shall determine an acceptable variance of at least plus or minus fifteen percent for potency representations and procedures to address potency misrepresentations.

(VI)  The state licensing authority shall determine the protocols and

frequency of regulated marijuana testing by licensees.

(VII)  A state, local, or municipal agency shall not employ or use the results of

any test of regulated marijuana or regulated marijuana products conducted by an analytical laboratory that is not certified pursuant to this subsection (2)(d)(VII) for the particular testing category or that is not accredited to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing. Starting January 1, 2018, a state, local, or municipal agency may use or employ the results of any test of regulated marijuana or regulated marijuana products conducted on or after January 1, 2018, by an analytical laboratory that is certified pursuant to this subsection (2)(d)(VII) for the particular testing category or is accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing.

(VIII)  On or before January 1, 2019, the state licensing authority shall require

a medical marijuana testing facility or retail marijuana testing facility to be accredited by a body that is itself recognized by the International Laboratory Accreditation Cooperation in a category of testing pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or a subsequent superseding standard, in order to receive certification or maintain certification; except that the state licensing authority may by rule establish conditions for providing extensions to a newly licensed medical marijuana testing facility or retail marijuana testing facility for a period not to exceed twelve months or a medical marijuana testing facility or retail marijuana testing facility for good cause as defined by rules promulgated by the state licensing authority, which must include but may not be limited to when an application for accreditation has been submitted and is pending with a recognized accrediting body.

(IX)  The state licensing authority shall promulgate rules that prevent

redundant testing of marijuana and marijuana concentrate, including, but not limited to, potency testing of marijuana allocated to extractions, and residual solvent testing of marijuana concentrate when all inputs of the marijuana concentrate have passed residual solvent testing pursuant to this subsection (2)(d).

(e) [Editor's note: This version of subsection (2)(e) is effective until January

5, 2026.] Security requirements for any premises licensed pursuant to this article 10, including, at a minimum, lighting, physical security, video, and alarm requirements, and other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10, including biennial reporting requirements for changes, alterations, or modifications to the premises;

(e) [Editor's note: This version of subsection (2)(e) is effective January 5,

2026.] Security requirements for any premises licensed pursuant to this article 10. The security requirements must include, at a minimum, lighting, physical security, video, and alarm requirements; other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10; procedures for requiring written requests and providing licensees at least seventy-two hours to respond to requests to obtain copies of surveillance recordings created and maintained by the licensee; and biennial reporting requirements for changes, alterations, or modifications to the premises. Surveillance requirements for video recording areas of the licensed premises must include the following requirements:

(I)  Each point of ingress and egress to the exterior of the licensed premises

must be surveilled;

(II)  Points of sale with coverage of the customer or patient and occupational

licensee completing the sale must be surveilled;

(III)  Areas of the licensed premises where shipping and receiving of

regulated marijuana occurs, test batches are collected, and regulated marijuana waste is destroyed must be surveilled; and

(IV)  Delivery vehicle surveillance;


(f)  Labeling requirements for regulated marijuana and regulated marijuana

products sold by a medical marijuana business or retail marijuana business that are at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but are not limited to:

(I)  Warning labels;


(II)  Amount of THC per serving and the number of servings per package for

regulated marijuana products;

(III)  A universal symbol indicating that the package contains marijuana; and


(IV)  Potency of the regulated marijuana and regulated marijuana products;


(g)  Health and safety regulations and standards for the manufacture of

regulated marijuana products and the cultivation of regulated marijuana, including procedures for the embargo and destruction of regulated marijuana in accordance with section 44-10-207;

(h)  Regulation of the storage of, warehouses for, and transportation of

regulated marijuana and regulated marijuana products, including procedures for the administrative hold of regulated marijuana and regulated marijuana products pursuant to section 44-10-207, including establishing the following standards and processes to resolve administrative holds in a timely manner:

(I)  Defining circumstances for the issuance of an administrative hold, which

circumstances must be based on objectives related to preventing the destruction of evidence, preventing diversion, or addressing a threat to public safety;

(II)  Reasonable time frames and actions for the expedient resolution of an

administrative hold issued to preserve evidence and standards by which the state licensing authority would have reasonable grounds to extend an administrative hold due to the nature of the investigation or a threat to public safety;

(III)  Reasonable expectations and timelines for notices of administrative

holds and subsequent processes; and

(IV)  Processes allowing a licensee to destroy any regulated marijuana or

regulated marijuana products that are subject to an administrative hold when the need to preserve evidence has subsided;

(i)  Sanitary requirements for medical marijuana businesses and retail

marijuana businesses, including but not limited to sanitary requirements for the preparation of regulated marijuana products;

(j)  The reporting and transmittal of monthly sales tax payments by medical

marijuana stores and retail marijuana stores and any applicable excise tax payments by retail marijuana cultivation facilities;

(k)  Authorization for the department to have access to licensing information

to ensure sales, excise, and income tax payment and the effective administration of this article 10;

(l)  Compliance with, enforcement of, or violation of any provision of this

article 10, section 18-18-406.3 (7), or any rule promulgated pursuant to this article 10, including procedures and grounds for denying, suspending, fining, restricting, or revoking a state license issued pursuant to this article 10;

(m)  Establishing a schedule of penalties and procedures for issuing and

appealing citations for violation of statutes and rules and issuing administrative citations;

(n)  Medical marijuana transporter licensed businesses and retail marijuana

transporter licensed businesses, including requirements for drivers, including obtaining and maintaining a valid Colorado driver's license; insurance requirements; acceptable time frames for transport, storage, and delivery; requirements for transport vehicles; requirements for deliveries; and requirements for licensed premises;

(o)  Medical marijuana business operator licenses and retail marijuana

business operator licensees, including the form and structure of allowable agreements between operators and the medical or retail marijuana business;

(p)  Unescorted visitors in limited access areas;


(q)  Temporary appointee registrations issued pursuant to section 44-10-401

(3), including occupational and business registration requirements; application time frames; notification requirements; issuance, expiration, renewal, suspension, and revocation of a temporary appointee registration; and conditions of registration;

(r)  Requirements for a centralized distribution permit for medical marijuana

cultivation facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-502 (6) or 44-10-602 (7), including but not limited to permit application requirements and privileges and restrictions of a centralized distribution permit;

(s)  Requirements for issuance of co-location permits to a marijuana research

and development licensee authorizing co-location with a medical marijuana products manufacturer or retail marijuana products manufacturer licensed premises, including application requirements, eligibility, restrictions to prevent cross-contamination and to ensure physical separation of inventory and research activities, and other privileges and restrictions of permits;

(t) (I)  Development of individual identification cards for individuals working in

or having unescorted access to the limited access areas of the licensed premises of a medical marijuana business or retail marijuana business, including a fingerprint-based criminal history record check as may be required by the state licensing authority prior to issuing a card;

(II)  This subsection (2)(t) is repealed, effective January 5, 2026.


(u)  Identification of state licensees and their controlling beneficial owners,

passive beneficial owners, managers, and employees;

(v)  The specification of acceptable forms of picture identification that a

medical marijuana store or retail marijuana store may accept when verifying a sale, including but not limited to government-issued identification cards;

(w)  State licensing procedures, including procedures for renewals,

reinstatements, initial licenses, and the payment of licensing fees;

(x) [Editor's note: This version of subsection (2)(x) is effective until January

5, 2026.] The conditions under which a licensee is authorized to transfer fibrous waste to a person for the purpose of producing only industrial fiber products. The conditions must include contract requirements that stipulate that the fibrous waste will only be used to produce industrial fiber products; record-keeping requirements; security measures related to the transport and transfer of fibrous waste; requirements for handling contaminated fibrous waste; and processes associated with handling fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state prior to transfer.

(x) [Editor's note: This version of subsection (2)(x) is effective January 5,

2026.] The conditions under which a licensee is authorized to transfer fibrous waste to a person for the purpose of producing only industrial fiber products. The conditions must include contract requirements that stipulate that the fibrous waste will only be used to produce industrial fiber products; security measures related to the transport and transfer of fibrous waste; requirements for handling contaminated fibrous waste; and processes associated with handling fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state before transfer.

(y)  Requiring that edible regulated marijuana products be clearly

identifiable, when practicable, with a standard symbol indicating that they contain marijuana and are not for consumption by children. The symbols promulgated by rule of the state licensing authority must not appropriate signs or symbols associated with another Colorado business or industry;

(z)  Requirements to prevent the sale or diversion of retail marijuana and

retail marijuana products to persons under twenty-one years of age;

(aa)  The implementation of an accelerator program including but not limited

to rules to establish requirements for social equity licensees operating on the same licensed premises or on separate premises possessed by an accelerator-endorsed licensee. The state licensing authority's rules establishing an accelerator program may include requirements for severed custodianship of regulated marijuana products, protections of the intellectual property of a social equity licensee, incentives for accelerator-endorsed licensees, and additional requirements if a person applying for an accelerator endorsement has less than two years' experience operating a licensed facility pursuant to this article 10. An accelerator-endorsed licensee is not required to exercise the privileges of its license on the premises where a social equity licensee operates. The state licensing authority's implementation of an accelerator program is extended from July 1, 2020, to January 1, 2021.

(bb) [Editor's note: This version of the introductory portion to subsection

(2)(bb) is effective until January 5, 2026.] Conditions under which a licensee is authorized to collect marijuana consumer waste and transfer it to a person for the purposes of reuse or recycling in accordance with all requirements established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:

(bb) [Editor's note: This version of the introductory portion to subsection

(2)(bb) is effective January 5, 2026.] The conditions under which a licensee is authorized to collect marijuana consumer waste and transfer it to a person for the purposes of reuse or recycling in accordance with all requirements established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:

(I)  That the person receiving marijuana consumer waste from a licensee is, to

the extent required by law, registered with the department of public health and environment;

(II) (A)  Record-keeping requirements;


(B)  This subsection (2)(bb)(II) is repealed, effective January 5, 2026.


(III)  Security measures related to the collection and transfer of marijuana

consumer waste;

(IV)  Health and safety requirements, including requirements for the handling

of marijuana consumer waste; and

(V)  Processes associated with handling marijuana consumer waste, including

destruction of any remaining regulated marijuana in the marijuana consumer waste.

(cc)  Requirements for a transition permit for medical marijuana cultivation

facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-313 (13)(c), including but not limited to permit application requirements and restrictions of a transition permit;

(dd) [Editor's note: This version of the introductory portion to subsection

(2)(dd) is effective until January 5, 2026.] Requirements for medical marijuana and medical marijuana products delivery as described in section 44-10-501 (11) and section 44-10-505 (5) and retail marijuana and retail marijuana products delivery as described in sections 44-10-601 (13) and 44-10-605 (5), including:

(dd) [Editor's note: This version of the introductory portion to subsection

(2)(dd) is effective January 5, 2026.] Requirements for medical marijuana and medical marijuana products delivery as described in sections 44-10-501 (11) and 44-10-505 (5) and retail marijuana and retail marijuana products delivery as described in sections 44-10-601 (13) and 44-10-605 (5), including:

(I)  Qualifications and eligibility requirements for licensed medical marijuana

stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters applying for a medical marijuana delivery permit;

(II)  Training requirements for personnel of medical marijuana stores, retail

marijuana stores, medical marijuana transporters, and retail marijuana transporters that hold a medical marijuana or retail marijuana delivery permit who will deliver medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to this article 10 and requirements that medical marijuana stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters be considered to have a responsible vendor designation pursuant to section 44-10-1201 prior to conducting a delivery;

(III)  Procedures for proof of medical marijuana registry and age identification

and verification;

(IV)  Security requirements;


(V) [Editor's note: This version of subsection (2)(dd)(V) is effective until

January 5, 2026.] Delivery vehicle requirements, including requirements for surveillance;

(V) [Editor's note: This version of subsection (2)(dd)(V) is effective January 5,

2026.] Delivery vehicle requirements;

(VI) (A)  Record-keeping requirements;


(B)  This subsection (2)(dd)(VI) is repealed, effective January 5, 2026.


(VII)  Limits on the amount of medical marijuana and medical marijuana

products and retail marijuana and retail marijuana products that may be carried in a delivery vehicle and delivered to a patient or parent or guardian or individual, which cannot exceed limits placed on sales at licensed medical marijuana stores;

(VIII)  Limits on the amount of retail marijuana and retail marijuana products

that may be carried in a delivery vehicle and delivered to an individual, which cannot exceed limits placed on sales at retail marijuana stores;

(IX)  Inventory tracking system requirements, which include the ability to

determine the amount of medical marijuana a patient has purchased that day in real time by searching a patient registration number;

(X)  Health and safety requirements for medical marijuana and medical

marijuana products delivered to a patient or parent or guardian and for retail marijuana and retail marijuana products delivered to an individual;

(XI)  Confidentiality requirements to ensure that persons delivering medical

marijuana and medical marijuana products or retail marijuana and retail marijuana products pursuant to this article 10 do not disclose personal identifying information to any person other than those who need that information in order to take, process, or deliver the order or as otherwise required or authorized by this article 10, title 18, or title 25;

(XII)  An application fee and annual renewal fee for the medical marijuana

delivery permit and the retail marijuana delivery permit. The amount of the fee must reflect the expected costs of administering the medical marijuana delivery permit and the retail marijuana delivery permit and may be adjusted by the state licensing authority to reflect the permit's actual direct and indirect costs.

(XIII)  The permitted hours of delivery of medical marijuana and medical

marijuana products and retail marijuana and retail marijuana products;

(XIV) (A)  Requirements for areas where medical marijuana and medical

marijuana products or retail marijuana and retail marijuana products orders are stored, weighed, packaged, prepared, and tagged, including requirements that medical marijuana and medical marijuana products or retail marijuana and retail marijuana products cannot be placed into a delivery vehicle until after an order has been placed and that all delivery orders must be packaged on the licensed premises of a medical marijuana store or retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule after an order has been received.

(B)  By January 1, 2027, the state licensing authority shall promulgate rules

that do not require licensees to use radio frequency identification technology to track regulated marijuana in seed-to-sale tracking system requirements established by rule.

(XV)  Payment methods, including but not limited to the use of gift cards and

prepayment accounts;

(ee) (I) (A)  Ownership and financial disclosure procedures and requirements

pursuant to this article 10;

(B)  Records a medical marijuana business or retail marijuana business is

required to maintain regarding its controlling beneficial owners, passive beneficial owners, and indirect financial interest holders that may be subject to disclosure at renewal or as part of any other investigation following initial licensure of a medical marijuana business or retail marijuana business;

(C)  Procedures and requirements for findings of suitability pursuant to this

article 10, including fees necessary to cover the direct and indirect costs of any suitability investigation;

(D)  Procedures and requirements concerning the divestiture of the beneficial

ownership of a person found unsuitable by the state licensing authority;

(E)  Procedures, processes, and requirements for transfers of ownership

involving a publicly traded corporation, including but not limited to mergers with a publicly traded corporation, investment by a publicly traded corporation, and public offerings;

(F)  Designation of persons that by virtue of common control constitute

controlling beneficial owners;

(G)  Modification of the percentage of owner's interests that may be held by a

controlling beneficial owner and passive beneficial owner;

(H)  Designation of persons that qualify for an exemption from an otherwise

required finding of suitability; and

(I)  Designation of indirect financial interest holders and qualified institutional

investors.

(II)  Rules promulgated pursuant to this subsection (2)(ee) must not be any

more restrictive than the requirements expressly established under this article 10.

(ff)  The implementation of marijuana hospitality and retail marijuana

hospitality and sales business licenses, including but not limited to:

(I)  General insurance liability requirements;


(II)  A sales limit per transaction for retail marijuana and retail marijuana

products that may be sold to a patron of a retail marijuana hospitality and sales business; except that the sales limit established by the state licensing authority must not be an amount less than one gram of retail marijuana flower, one-quarter of one gram of retail marijuana concentrate, or a retail marijuana product containing not more than ten milligrams of active THC;

(III)  Restrictions on the type of any retail marijuana or retail marijuana

product authorized to be sold, including that the marijuana or product be meant for consumption in the licensed premises of the business;

(IV)  Prohibitions on activity that would require additional licensure on the

licensed premises, including but not limited to sales, manufacturing, or cultivation activity;

(V)  Requirements for marijuana hospitality businesses and retail marijuana

hospitality and sales businesses operating pursuant to section 44-10-609 or 44-10-610 in a retail food business;

(VI)  Requirements for marijuana hospitality businesses and retail marijuana

hospitality and sales business licensees to destroy any unconsumed marijuana or marijuana products left behind by a patron; and

(VII)  Rules to ensure compliance with section 42-4-1305.5;


(gg) [Editor's note: This version of the introductory portion to subsection

(1)(gg) is effective until January 5, 2026.] For marijuana hospitality businesses that are mobile, regulations including but not limited to:

(gg) [Editor's note: This version of the introductory portion to subsection

(1)(gg) is effective January 5, 2026.] For marijuana hospitality businesses that are mobile, regulations including:

(I)  Registration of vehicles and proper designation of vehicles used as mobile

licensed premises;

(II) (A)  Surveillance cameras inside the vehicles;


(B)  This subsection (2)(gg)(II) is repealed, effective January 5, 2026.


(III)  Global positioning system tracking and route logging in an established

route manifest system;

(IV)  Compliance with section 42-4-1305.5;


(V)  Ensuring activity is not visible outside of the vehicle; and


(VI)  Proper ventilation within the vehicle;


(hh)  The circumstances that constitute a significant physical or geographic

hardship as used in section 44-10-501 (13);

(ii)  Effective January 1, 2023, requirements for medical and retail marijuana

concentrate to promote consumer health and awareness, which shall include a recommended serving size, visual representation of one recommended serving, and labeling requirements and may include a measuring device that may be used to measure one recommended serving;

(jj)  Allowing a person to operate a licensed medical marijuana business and a

licensed retail marijuana business at the same location pursuant to section 44-10-313 (14).

(kk) [Editor's note: Subsection (2)(kk) is effective January 5, 2026.] R-and-D

unit limits and requirement, including limits on the number of occupational licensees that may receive R-and-D units from an employer, a requirement that an occupational licensee be designated to receive R-and-D units in the seed-to-sale inventory tracking system, and limits on how many R-and-D units may be evaluated by an occupational licensee.

(3)  In promulgating rules pursuant to this section, the state licensing

authority may seek the assistance of the department of public health and environment when necessary before promulgating rules on the following subjects:

(a)  Signage, marketing, and advertising, including but not limited to a

prohibition on mass-market campaigns that have a high likelihood of reaching persons under eighteen years of age for medical marijuana and have a high likelihood of reaching persons under twenty-one years of age for retail marijuana and other such rules that may include:

(I)  Allowing packaging and accessory branding;


(II)  Prohibiting health or physical benefit claims in advertising,

merchandising, and packaging;

(III)  Prohibiting unsolicited pop-up advertising on the internet;


(IV)  Prohibiting banner ads on mass-market websites;


(V)  Prohibiting opt-in marketing that does not permit an easy and permanent

opt-out feature;

(VI)  Prohibiting marketing directed toward location-based devices, including

but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is eighteen years of age or older for medical marijuana and twenty-one years of age or older for retail marijuana and includes a permanent and easy opt-out feature;

(VII)  Prohibiting advertising and marketing by a medical marijuana business

that is specifically directed at persons who are under twenty-one years of age; and

(VIII)  Requirements that any advertising or marketing specific to medical

marijuana concentrate or retail marijuana concentrate include a notice regarding the potential risks of medical marijuana concentrate or retail marijuana concentrate overconsumption;

(b)  A prohibition on the sale of regulated marijuana and regulated marijuana

products unless the product is:

(I)  Packaged in packaging meeting requirements established by the state

licensing authority similar to the federal Poison Prevention Packaging Act of 1970, 15 U.S.C. sec. 1471 et seq., as amended; and

(II)  Placed in an opaque and resealable exit package or container meeting

requirements established by the state licensing authority at the point of sale prior to exiting the store;

(c)  The safe and lawful transport of regulated marijuana and regulated

marijuana products between the licensed business and testing laboratories;

(d)  A standardized marijuana serving size amount for edible retail marijuana

products that does not contain more than ten milligrams of active THC, designed only to provide consumers with information about the total number of servings of active THC in a particular retail marijuana product, not as a limitation on the total amount of THC in any particular item; labeling requirements regarding servings for edible retail marijuana products; and limitations on the total amount of active THC in a sealed internal package that is no more than one hundred milligrams of active THC;

(e)  Prohibition on or regulation of additives to any regulated marijuana

product, including but not limited to those that are toxic, designed to make the product more addictive, designed to make the product more appealing to children, or misleading to consumers, but not including common baking and cooking items;

(f)  Permission for a local fire department to conduct an annual fire

inspection of a medical marijuana cultivation facility or retail marijuana cultivation facility;

(g)  A prohibition on the production and sale of edible regulated marijuana

products that are in the distinct shape of a human, animal, or fruit. Geometric shapes and products that are simply fruit flavored are not considered fruit. Products in the shape of a marijuana leaf are permissible. Nothing in this subsection (3)(g) applies to a company logo.

(h)  A requirement that every medical marijuana store and retail marijuana

store post, at all times and in a prominent place at every point of sale, a warning that has a minimum height of three inches and a width of six inches and that reads:

Warning: Using marijuana, in any form, while you are pregnant or breastfeeding passes THC to your baby and may be harmful to your baby. There is no known safe amount of marijuana use during pregnancy or breastfeeding.

(4)  Equivalency. Rules promulgated pursuant to section 44-10-202 (1)(c)

must also include establishing the equivalent of one ounce of retail marijuana flower in various retail marijuana products, including retail marijuana concentrate. Prior to promulgating the rules required by this subsection (4), the state licensing authority may contract for a scientific study to determine the equivalency of marijuana flower in retail marijuana products, including retail marijuana concentrate.

(5)  Statewide class system cultivation facility rules - medical marijuana. (a)

The state licensing authority shall create a statewide licensure class system for medical marijuana cultivation facility licenses. The classifications may be based upon square footage of the facility; lights, lumens, or wattage; lit canopy; the number of cultivating plants; other reasonable metrics; or any combination thereof. The state licensing authority shall create a fee structure for the licensure class system.

(b) (I)  The state licensing authority may establish limitations on medical

marijuana production through one or more of the following methods:

(A)  Placing or modifying a limit on the number of licenses that it issues, by

class or overall, but in placing or modifying the limits, the state licensing authority shall consider the reasonable availability of new licenses after a limit is established or modified;

(B)  Placing or modifying a limit on the amount of production permitted by a

medical marijuana cultivation facility license or class of licenses based upon some reasonable metric or set of metrics, including but not limited to those items detailed in subsection (5)(a) of this section, previous months' sales, pending sales, or other reasonable metrics as determined by the state licensing authority; and

(C)  Placing or modifying a limit on the total amount of production by medical

marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (5)(a) of this section, as determined by the state licensing authority.

(II)  When considering any such limitations, the state licensing authority shall:


(A)  Consider the total current and anticipated demand for medical marijuana

and medical marijuana products in Colorado;

(B)  Consider any other relevant factors; and


(C)  Attempt to minimize the market for unlawful marijuana; and


(c)  The state licensing authority may adopt rules that limit the amount of

medical marijuana inventory that a medical marijuana store may have on hand. If the state licensing authority adopts a limitation, the limitation must be commercially reasonable and consider factors including a medical marijuana store's sales history and the number of patients who are registered at a medical marijuana store as their primary store.

(6)  Statewide class system cultivation facility rules - retail marijuana. (a)

The state licensing authority shall create a statewide licensure class system for retail marijuana cultivation facility licenses. The classifications may be based upon square footage of the facility; lights, lumens, or wattage; lit canopy; the number of cultivating plants; other reasonable metrics; or any combination thereof. The state licensing authority shall create a fee structure for the licensure class system.

(b)  The state licensing authority may establish limitations on retail marijuana

production through one or more of the following methods:

(I)  Placing or modifying a limit on the number of licenses that it issues, by

class or overall, but in placing or modifying the limits, the authority shall consider the reasonable availability of new licenses after a limit is established or modified;

(II)  Placing or modifying a limit on the amount of production permitted by a

retail marijuana cultivation facility license or class of licenses based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (6)(a) of this section, previous months' sales, pending sales, or other reasonable metrics as determined by the state licensing authority; and

(III)  Placing or modifying a limit on the total amount of production by retail

marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (6)(a) of this section, as determined by the state licensing authority.

(c)  Notwithstanding anything contained in this article 10 to the contrary, in

considering any such limitations, the state licensing authority, in addition to any other relevant considerations, shall:

(I)  Consider the total current and anticipated demand for retail marijuana

and retail marijuana products in Colorado; and

(II)  Attempt to minimize the market for unlawful marijuana.


(7)  The state licensing authority may deny, suspend, revoke, fine, or impose

other sanctions against a person's license issued pursuant to this article 10 if the state licensing authority finds the person or the person's controlling beneficial owner, passive beneficial owner, or indirect financial interest holder failed to timely file any report, disclosure, registration statement, or other submission required by any state or federal regulatory authority that is related to the conduct of their business.

(8)  The state licensing authority shall treat a metered-dose inhaler the same

as a vaporized delivery device for purposes of regulation and testing.

(9) (a)  The state licensing authority may, by rule, establish procedures for the

conditional issuance of an employee license identification card at the time of application.

(b) [Editor's note: This version of subsection (9)(b) is effective until January

5, 2026.]

(I) The state licensing authority shall base its issuance of an employee license identification card pursuant to this subsection (9) on the results of an initial investigation that demonstrate the applicant is qualified to hold such license. The employee license application for which an employee license identification card was issued pursuant to this subsection (9) remains subject to denial pending the complete results of the applicant's initial fingerprint-based criminal history record check.

(II)  Results of a fingerprint-based criminal history record check that

demonstrate that an applicant possessing an employee license identification card pursuant to this subsection (9) is not qualified to hold a license issued under this article 10 are grounds for denial of the employee license application. If the employee license application is denied, the applicant shall return the employee license identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.

(b) [Editor's note: This version of subsection (9)(b) is effective January 5,

2026.]

(I) The state licensing authority shall base its issuance of an employee license pursuant to this subsection (9) on the results of an initial investigation that demonstrate the applicant is qualified to hold such license. The employee license application for which an employee license was issued pursuant to this subsection (9) remains subject to denial pending the complete results of the applicant's initial name-based judicial record check.

(II)  Results of a name-based judicial record check that demonstrate that an

applicant possessing an employee license pursuant to this subsection (9) is not qualified to hold a license issued under this article 10 are grounds for denial of the employee license application. If the employee license application is denied, the applicant shall return the employee license and identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.

(10) [Editor's note: Subsection (10) is effective January 5, 2026.]

(a) The state licensing authority shall adopt rules to enable a licensee to conduct research and development using R-and-D units when evaluating different flavors and nonmarijuana ingredients.

(b)  Adding flavors or nonmarijuana ingredients is not considered an

additional batch and does not require additional testing if the licensee possesses analysis or documentation evidencing the safety profile of the flavors or nonmarijuana ingredients.

(c)  A licensee shall not transfer R-and-D units to a regulated marijuana store.


Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p.

2843, � 5, effective January 1, 2020; (2)(ff) and (2)(gg) added, (HB 19-1230), ch. 340, p. 3118, � 14, effective January 1, 2020. L. 2020: (1)(i), (1)(j), and (2)(aa) amended and (1)(k) added, (HB 20-1424), ch. 184, p. 843, � 3, effective September 14. L. 2021: (2)(dd)(IX), (2)(ff)(VII), and (3)(a)(V) amended and (2)(hh), (2)(ii), (3)(a)(VII), and (3)(a)(VIII) added, (HB 21-1317), ch. 313, p. 1916, � 7, effective June 24; (1)(j) amended and (1)(j.5) and (9) added, (HB 21-1301), ch. 304, p. 1826, � 5, effective September 7; (2)(q) amended, (HB 21-1178), ch. 130, p. 524, � 3, effective September 7. L. 2022: (2)(jj) added, (HB 22-1037), ch. 78, p. 391, � 2, effective August 10; (2)(dd)(II) amended, (HB 22-1222), ch. 111, p. 506, � 2, effective January 1, 2023. L.

C.R.S. § 44-50-203

44-50-203. State licensing authority - rules. (1) Mandatory rule-making. Rules adopted pursuant to section 44-50-202 (1)(b) must include the following subjects:

(a)  Procedures and requirements consistent with this article 50 for the

issuance, denial, renewal, reinstatement, modification, suspension, and revocation of licenses;

(b)  Oversight requirements for licensees;


(c)  A schedule of application, licensing, and renewal fees for licenses;


(d)  Qualifications and eligibility requirements for licensure pursuant to this

article 50, including continuing eligibility expectations, including timely paying taxes owed to the department of revenue, timely filing tax returns, and timely curing any tax deficiencies, and authorization for the department of revenue to have access to licensing information to ensure tax payment for the effective administration of this article 50;

(e)  Permissible and prohibited financial interests in a license issued pursuant

to this article 50 or a license issued pursuant to article 170 of title 12; except that an individual shall not have a financial interest in more than five natural medicine business licenses;

(f) (I)  Establishment of a natural medicine independent testing and

certification program for licensees within an implementation time frame established by the division, requiring licensees to test regulated natural medicine and regulated natural medicine product to ensure, at a minimum, that regulated natural medicine and regulated natural medicine product transferred for human consumption by persons licensed pursuant to this article 50 do not contain contaminants that are injurious to health and to ensure correct labeling, as well as:

(A)  Certification requirements for laboratories that test regulated natural

medicine and regulated natural medicine product and requirements that the test results produced by a laboratory must not be used unless the laboratory is certified;

(B)  Testing requirements for regulated natural medicine and regulated

natural medicine product by licensees;

(C)  Whether to allow for any natural person to request and utilize testing

services of natural medicine and natural medicine product if the natural person is twenty-one years of age or older;

(D)  Definitions, permissions, and prohibitions concerning conflicts of interest

related to, and economic interests for, persons who own or are associated with a natural medicine testing license and other licenses; and

(E)  Procedures and requirements necessary to facilitate the coordination of

duties with respect to the natural medicine testing and certification program with the department of public health and environment.

(II)  The state licensing authority shall promulgate rules pursuant to this

subsection (1)(f) in coordination with the department of public health and environment to ensure consistency between rules.

(g)  Regulation of a licensed premises, including rules that allow a natural

medicine healing center licensee's licensed premises to be co-located with another natural medicine healing center licensee's licensed premises or a health-care facility;

(h)  Requirements for the transportation of regulated natural medicine and

regulated natural medicine product, including:

(I)  Security requirements;


(II)  Transportation vehicle requirements, including requirements for

surveillance;

(III)  Limits on the amount of regulated natural medicine and regulated

natural medicine product that may be carried in a transportation vehicle;

(IV)  Record-keeping requirements; and


(V)  Transportation manifest requirements;


(i)  Limits on the amount of regulated natural medicine and regulated natural

medicine product that is allowed for production by a natural medicine cultivation facility license or natural medicine product manufacturer license based on a metric or set of metrics. When considering any limitations, the state licensing authority shall consider the total current and anticipated demand for regulated natural medicine and regulated natural medicine product in Colorado and attempt to minimize the market for unlawful natural medicine and natural medicine product.

(j)  Records to be kept by licensees and the required availability of the

records for inspection by the state licensing authority;

(k)  Requirements to prevent the transfer or diversion of natural medicine or

natural medicine product to persons under twenty-one years of age;

(l)  Permitted and prohibited transfers of regulated natural medicine and

regulated natural medicine product between licensees;

(m)  Standards for advertising and marketing a licensee's services, including:

Avoiding the misappropriation and exploitation of the federally recognized American tribes, as defined in section 12-170-104 (7), and Indigenous people, communities, cultures, and religions; avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services; prohibiting advertising and marketing of natural medicine, natural medicine product, and natural medicine services directed to individuals who are under twenty-one years of age; and other parameters determined necessary by the state licensing authority;

(n)  Standards for qualification as a licensee, including environmental, social,

and governance criteria directed to the findings and declarations set forth in section 12-170-102; and

(o)  Requirements for clear and easily understandable regulated natural

medicine labels and regulated natural medicine product labels, which labeling requirements must include:

(I)  A prohibition on labels that are attractive to individuals under twenty-one

years of age;

(II)  A prohibition on the use of colors, pictures, and cartoon images on the

label;

(III)  A prohibition on the use of the word candy or candies on the label;

and

(IV)  A prohibition on a label that is likely to cause confusion as to whether

the regulated natural medicine or regulated natural medicine product is a trademarked food product.

(2)  Permissive rule-making. Rules adopted pursuant to section 44-50-202

(1)(b) may include, but need not be limited to, the following subjects:

(a)  Establishment of licenses, and the privileges and restrictions pursuant to

such licenses, determined necessary by the state licensing authority to implement or administer this article 50;

(b)  Establishment of a principle file process and requirements for an

applicant seeking to exercise the privileges of a license type in multiple locations or seeking to exercise the privileges of multiple license types;

(c)  Requirements for issuance of co-location permits to a licensee

authorizing co-location with another licensed premises;

(d)  Requirements and restrictions on different types of regulated natural

medicine or regulated natural medicine product, including:

(I)  Requiring licensed natural medicine product manufacturers to submit a

product registration form, which includes a full list of ingredients used in the manufacturer's natural medicine product;

(II)  Prohibiting a regulated natural medicine product that is likely to create

confusion for consumers as to whether the product is a trademarked food product; and

(III)  Prohibiting regulated natural medicine products that are attractive to

individuals under twenty-one years of age;

(e)  Packaging and labeling requirements for regulated natural medicine or

regulated natural medicine product, including:

(I)  Warning labels;


(II)  Individual serving and per-package serving amounts; and


(III)  Concentration of the regulated natural medicine or regulated natural

medicine product;

(f)  Security requirements for licensed premises, including lighting, physical

security, video, and alarm requirements, and other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce the provisions of this article 50, including reporting requirements for changes, alterations, modifications to the premises, or activities or incidents on the premises;

(g)  Health and safety regulations and standards;


(h)  Sanitary requirements;


(i)  Waste, disposal, and destruction requirements of regulated natural

medicine or regulated natural medicine product, including record-keeping requirements;

(j)  Storage and transportation of regulated natural medicine or regulated

natural medicine product;

(k)  Requirements of licensees to track and manage inventory;


(l)  Compliance with, enforcement of, or violation of any provision of this

article 50, article 18 of title 18, or any rule promulgated pursuant to this article 50, including procedures and grounds for denying, suspending, fining, modifying, restricting, or revoking a state license issued pursuant to this article 50 or any rule promulgated pursuant to this article 50;

(m)  Establishing a schedule of penalties for alleged violations of statutes

and rules;

(n)  Specifications of duties of officers and employees of the state licensing

authority;

(o)  Guidance for law enforcement officers;


(p)  Requirements for inspections, investigations, searches, seizures,

forfeitures, embargoes, quarantines, recalls, destruction, and such additional activities as may become necessary;

(q)  Prohibition of misrepresentation and unfair practices;


(r)  Such other matters as are necessary for the fair, impartial, stringent, and

comprehensive administration of this article 50; and

(s)  Requirements that healing centers collect data and information related to

regulated natural medicine services and provide the data and information to the department of public health and environment in accordance with section 44-50-401 (6), which data and information must include:

(I)  Demographic information of individuals who use regulated natural

medicine services;

(II)  Outcome data related to an individual's participation in regulated natural

medicine services; and

(III)  Other information as determined by the state licensing authority in

consultation with the department of public health and environment.

(3)  The state licensing authority shall consult the board when considering

and promulgating rules pursuant to this section.

(4) (a)  The state licensing authority may, by rule, establish procedures for the

initial application and conditional issuance of an employee license and an owner license at the time of application.

(b) (I)  The state licensing authority shall base its issuance of an employee

license or an owner license pursuant to this subsection (4) on the results of an initial investigation that demonstrates the applicant is qualified to hold a license. The employee license application or the owner license application for which an employee license or an owner license was issued pursuant to this subsection (4) remains subject to denial pending the complete results of the applicant's initial name-based judicial record check.

(II)  Results of a name-based judicial record check that demonstrate that an

applicant possessing an employee license or an owner license pursuant to this subsection (4) is not qualified to hold a license issued pursuant to this article 50 are grounds for denial of the employee license application or the owner license application. If the employee license application or the owner license application is denied, the applicant shall return the employee license or the owner license to the state licensing authority within a time period that the state licensing authority establishes by rule.

Source: L. 2023: Entire article added, (SB 23-290), ch. 249, p. 1398, � 21,

effective July 1. L. 2024: (1)(e), (1)(f)(I)(B), and (2)(p) amended, (SB 24-198), ch. 452, p. 3142, � 9, effective June 6. L. 2025: IP(1), (1)(n), IP(2), (2)(d), (2)(q), (2)(r), and (4) amended and (1)(o) and (2)(s) added, (SB 25-297), ch. 381, p. 2120, � 4, effective June 3.

C.R.S. § 6-1-1503

6-1-1503. Manufacturer obligations regarding services - exemptions. (1) [Editor's note: This version of subsection (1) is effective until January 1, 2026.] Except as provided in subsection (2) of this section:

(a)  For the purpose of providing services for equipment in the state, an

original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data.

(b)  With respect to equipment that contains an electronic security lock or

other security- related function, a manufacturer shall, with fair and reasonable terms and costs, make available to independent repair providers and owners any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data available to independent repair providers and owners through appropriate secure release systems.

(1)  [Editor's note: This version of subsection (1) is effective January 1, 2026.]

Except as provided in subsections (2) and (5) of this section:

(a) (I)  For the purpose of providing services for digital electronic equipment,

agricultural equipment, or powered wheelchairs in the state, an original equipment manufacturer shall, with fair and reasonable terms and costs, as applied to agricultural equipment or powered wheelchairs, or fair and reasonable terms and costs for digital electronic equipment, make available to an independent repair provider or owner of the manufacturer's digital electronic equipment, agricultural equipment, or powered wheelchair any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, or tools that are intended for use with the digital electronic equipment, agricultural equipment, or powered wheelchair or any part, including updates to documentation, parts, embedded software, embedded software for agricultural equipment, firmware, or tools.

(II)  A manufacturer shall make available to an independent repair provider or

owner, on fair and reasonable terms, any documentation, embedded software, tool, part, or other device or implement that the manufacturer provides for effecting the services of maintenance, repair, or diagnosis on the manufacturer's digital electronic equipment.

(III)  With respect to parts, a manufacturer complies with this subsection (1)(a)

if a contractor makes the parts available to an independent repair provider or owner on behalf of the manufacturer.

(a.5)  For the purpose of providing services for agricultural equipment in the

state, a manufacturer shall, with fair and reasonable terms and costs and with owner authorization, make data available to an independent provider or owner, including updates to the data.

(b) (I)  With respect to agricultural equipment or a powered wheelchair that

contains an electronic security lock or other security- related function, a manufacturer shall, with fair and reasonable terms and costs, as applied to agricultural equipment or powered wheelchairs, make available to independent repair providers and owners any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data available to independent repair providers and owners through appropriate secure release systems.

(II)  The requirement set forth in subsection (1)(b)(I) of this section does not

apply to digital electronic equipment.

(2) (a)  Subsection (1) of this section does not apply to:


(I)  A part that is no longer available to the original equipment manufacturer;

and

(II)  [Editor's note: This version of subsection (2)(a)(II) is effective until

January 1, 2026.] Conduct that would require the manufacturer to divulge a trade secret; except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data necessary to provide services on grounds that the documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data itself is a trade secret.

(II)  [Editor's note: This version of subsection (2)(a)(II) is effective January 1,

2026.] Conduct that would require the original equipment manufacturer of digital electronic equipment, agricultural equipment, or powered wheelchairs to divulge a trade secret; except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data necessary to provide services on grounds that the documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data itself is a trade secret.

(b) (I)  A manufacturer may redact documentation to remove trade secrets

from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished.

(II)  A manufacturer may withhold information regarding a component of,

design of, functionality of, or process of developing a part, embedded software, embedded software for agricultural equipment, firmware, or a tool if the information is a trade secret and the usability of the part, embedded software, embedded software for agricultural equipment, firmware, or tool for the purpose of providing services is not diminished.

(3)  [Editor's note: This version of the introductory portion of subsection (3) is

effective until January 1, 2026.] Neither an original equipment manufacturer nor an equipment dealer is liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause:

(3)  [Editor's note: This version of the introductory portion of subsection (3) is

effective January 1, 2026.] Neither an original equipment manufacturer nor an agricultural equipment dealer is liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause:

(a)  [Editor's note: This version of subsection (3)(a) is effective until January

1, 2026.] Damage to powered wheelchairs or agricultural equipment that occurs during such repairs;

(a)  [Editor's note: This version of subsection (3)(a) is effective January 1,

2026.] Damage to digital electronic equipment, powered wheelchairs, or agricultural equipment that occurs during such repairs;

(b)  Any indirect, incidental, special, or consequential damages; or


(c)  [Editor's note: This version of subsection (3)(c) is effective until January 1,

2026.] An inability to use, or a reduced functionality of, a powered wheelchair or piece of agricultural equipment resulting from the faulty or otherwise improper repair.

(c)  [Editor's note: This version of subsection (3)(c) is effective January 1,

2026.] An inability to use, or a reduced functionality of, a piece of digital electronic equipment, powered wheelchair, or piece of agricultural equipment resulting from the faulty or otherwise improper repair.

(4)  A manufacturer that provides data to an independent repair provider in

compliance with this part 15 is neither responsible nor liable to the owner, the independent repair provider, or another party for any action that the independent repair provider or another party takes while using or relying on the data.

(5)  With respect to digital electronic equipment, this part 15 does not apply

to:

(a)  A person acting in the person's official capacity as a motor vehicle

manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer;

(b)  Any product or service of a person acting in the person's official capacity

as a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer;

(c)  A manufacturer or distributor of a medical device or any product or

service that the manufacturer or distributor of a medical device offers; except that this part 15 applies to powered wheelchairs;

(d)  Any digital electronic equipment product or software manufactured for

use in a medical setting, including diagnostic, monitoring, or control digital equipment;

(e)  Industrial, utility, construction, compact construction, mining, forestry, or

road-building digital equipment;

(f)  Electric vehicle charging infrastructure equipment;


(g)  Outside-the-meter commercial or industrial electrical equipment,

including power distribution equipment, and any tools, attachments, accessories, components, and replacement and repair parts of the electrical equipment;

(h)  Portable generators, energy storage systems, fuel cell power systems, or

power tools;

(i)  Marine vessels, aviation, all-terrain sport vehicles, and recreational

vehicles, including racing vehicles;

(j)  Safety communications equipment, the intended use of which is for

emergency response or prevention purposes by an emergency system organization, such as a police, fire, life safety, or medical and emergency rescue services agency;

(k)  Equipment installed for the purpose of energy storage, renewable power

generation, power management, or distribution;

(l)  Set top boxes, modems, routers, or all-in-one devices delivering internet,

video, and voice services that are distributed by a video, internet, or voice service provider if the service provider offers equivalent or better, readily available replacement equipment at no charge to the customer;

(m)  Video game consoles; or


(n)  Fire alarm systems, intrusion detection equipment that is provided with a

security monitoring service, life safety systems, and physical access control equipment, including electronic keypads and similar building access control electronics.

(o)  [Editor's note: Subsection (5)(o) is effective January 1, 2026.] Devices,

components, or systems designed to perform or facilitate quantum information processing, including, solely to the extent necessary for such processing, storing, computing, communicating, measuring, or sensing quantum information, through manipulation, measurement, sensing, or utilization of quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, including quantum superposition, quantum entanglement, quantum interference, quantum tunneling, or quantum transduction; or

(p)  [Editor's note: Subsection (5)(p) is effective January 1, 2026.] Quantum

sensing devices that exploit quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, such as quantum coherence, quantum entanglement, quantized energy states that do not include the semiconductor band gap phenomenon, quantum squeezing, quantum superposition, quantum interference, quantum transduction, or quantum tunneling, to detect, measure, or monitor physical quantities, environmental parameters, or external stimuli.

(6)  [Editor's note: Subsection (6) is effective January 1, 2026.] With respect

to digital electronic equipment, nothing in this section:

(a)  Requires a manufacturer to license any intellectual property, including

obtaining a copyright or patent for any intellectual property, unless such licensing is necessary for providing services;

(b)  Requires the distribution of a product's source code;


(c)  Requires a manufacturer to make available special documentation, tools,

or parts that would disable or override any privacy or anti-theft security measures for the owner's digital electronic equipment that the owner has set for the digital equipment;

(d)  Requires a manufacturer to make available documentation or tools used

exclusively for repairs that are completed by machines that operate on several pieces of digital electronic equipment simultaneously if the manufacturer makes available to owners and independent repair providers sufficient alternative documentation or tools for the diagnosis, maintenance, or repair of digital electronic equipment;

(e)  Shall be construed to require any original equipment manufacturer or

authorized repair provider to make available any parts, tools, or documentation required for the diagnosis, maintenance, or repair of digital electronic equipment in a manner that is inconsistent with or in violation of any federal laws, such as federal laws regarding gaming and entertainment consoles, related software, and components; or

(f)  Requires a manufacturer to provide or make available a tool or

documentation to an independent repair provider or owner if the manufacturer itself uses the tool or documentation only to perform, at no cost, diagnostic services virtually through use of a telephone, the internet, chat, email, or other similar means of communication that do not involve the manufacturer physically handling the customer's digital electronic equipment, unless the manufacturer also makes the tool or documentation available to an individual or business that is unaffiliated with the manufacturer.

(7)  [Editor's note: Subsection (7) is effective January 1, 2026.]

(a) Except as provided in subsection (7)(b) of this section, for digital electronic equipment that is manufactured for the first time and sold or used in the state after January 1, 2026, a manufacturer shall not use parts pairing to:

(I)  Prevent an independent repair provider or owner from installing or

enabling, or inhibit an independent repair provider's or owner's ability to install or enable, the function of an otherwise functional replacement part or component of digital electronic equipment, including a replacement part or component that the manufacturer has not approved;

(II)  Reduce the functionality or performance of digital electronic equipment;

or

(III)  Cause digital electronic equipment to display misleading alerts or

warnings about unidentified parts, particularly if the alerts or warnings cannot immediately be dismissed by the owner.

(b)  Nothing in this part 15 prohibits:


(I)  The use of parts pairing to enable digital electronic equipment to record,

catalog, and display information related to repairs done on that digital electronic equipment; or

(II)  A manufacturer's use of parts pairing for standalone biometric

components used for authentication purposes in digital electronic equipment, which components are not bundled in commonly replaced parts, such as a device's screen, keyboard, ports, or battery.

(8)  [Editor's note: Subsection (8) is effective January 1, 2026.] Before

providing services for digital electronic equipment, an independent repair provider shall provide the owner seeking services written notice, provided on site and in a conspicuous location at the independent repair provider's premises for providing services or provided in an email to the owner, indicating:

(a)  That the independent repair provider is not an authorized repair provider

of the digital equipment's manufacturer; and

(b)  Whether the independent repair provider, in providing services, uses any

new or used replacement parts obtained from a supplier other than the manufacturer.

(9)  [Editor's note: Subsection (9) is effective January 1, 2026.] An original

equipment manufacturer is not responsible for the quality or functionality of parts provided by a third-party parts manufacturer.

(10)  [Editor's note: Subsection (10) is effective January 1, 2026.] Nothing in

this part 15 authorizes an owner or independent repair provider to alter digital electronic equipment in a manner that brings the equipment out of compliance with any applicable federal or state laws, including any applicable federal or state rules or regulations.

Source: L. 2022: Entire part added, (HB 22-1031), ch. 327, p. 2310, � 2,

effective January 1, 2023. L. 2023: (1), (2)(a)(II), (2)(b)(II), IP(3), (3)(a), and (3)(c) amended and (4) added, (HB 23-1011), ch. 107, p. 386, � 3, effective January 1, 2024. L. 2024: (1), (2)(a)(II), IP(3), (3)(a), and (3)(c) amended and (5) to (10) added, (HB 24-1121), ch. 258, p. 1706, � 2, effective January 1, 2026. L. 2025: (5)(o) and (5)(p) added, (HB 25-1330), ch. 408, p. 2323, � 2, effective January 1, 2026.

Cross references: For the short title (Entanglement Exception Act) in HB

25-1330, see section 1 of chapter 408, Session Laws of Colorado 2025.

C.R.S. § 9-1-101

9-1-101. Doors - passages. Every room or building intended to be used as a theater, opera house, music hall, concert hall, church, or other like place of public assemblage shall be provided with at least one doorway of not less than five feet in width for each two hundred fifty persons who may be seated within such building in the part thereof intended for public assemblage and with proper and sufficient ways and passages leading to and from every such doorway, so that in case of fire or other sudden alarm those who may be within such building may speedily and safely escape therefrom.

Source: G.L. � 111. G.S. � 132. R.S. 08: � 427. C.L. � 5466. CSA: C. 26, � 1. CRS

53: � 17-1-1. C.R.S. 1963: � 17-1-1. L. 2008: Entire section amended, p. 1095, � 6, effective August 5.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)